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HomeMy WebLinkAboutDraft ResolutionDRAFT RESOLUTION ..Title A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 2, TO AUTHORIZE THE CITY COMMISSION BY ORDINANCE TO AMEND AND UPDATE THE "UNCLASSIFIED SERVICE" SECTION; TO REVISE THE CURRENT LANGUAGE TO INCLUDE NEW AND RELEVANT POSITIONS AND SO EXCLUDE AND DELETE IRRELEVANT AND ANTIQUATED LANGUAGE AND POSITIONS; AND TO AMEND AND LIMIT THE UNCLASSIFIED SERVICE TO LESS THAN TWENTY-FIVE PERCENT (25%) OF THE TOTAL FULL-TIME EMPLOYEES IN THE TOTAL WORKFORCE OF THE CITY OF MIAMI EXCLUDING SWORN EMPLOYEES IN THE POLICE AND FIRE DEPARTMENTS; PROVIDING THAT CHARTER AMENDMENT NO. 2 WILL BE SUBMITTED TO THE ELECTORATE AT AN ELECTION OF THE CITY OF MIAMI ON NOVEMBER 2, 2010; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK SEND A CERTIFIED COPY OF THIS RESOLUTION TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH ELECTION OF THE CITY OF MIAMI; PROVIDING FOR AN EFFECTIVE DATE .Body WHEREAS, the 'Miami ;City Charter contains provisions related to positions of employment that are antiquated and that do not allow the City to meet its needs or operate efficiently; and WHEREAS, on July 29, 2010, by its adoption of Resolution No. , the City Commission directed the City Attorney to prepare a proposed Charter Amendment to update the provision to accurately reflect the City's employee composition, and set limitations upon the unclassified service to allow the City to operate in a more cost-effective manner and better allow the City to perform its duties; and WHEREAS, the proposed Charter Amendment is set forth in its final form in this Resolution; and WHEREAS, the modifications to the positions in this proposed amendment, from the classified service to the unclassified service, will not come into effect until the affected positions are vacated through attrition; and WHEREAS, the proposed amendment shall be submitted to the electorate at an election of the City of Miami to be held on November 2, 2010 as called for and provided for herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 1 of 6 Section 1. The recitals and finings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), is proposed to be amended as set forth in the attached text in the following particulars. {1} The Charter Amendment proposed in this Section shall be known as Charter Amendment No. 2 Sec. 36. Civil Service. "Part I CHARTER AND RELATED LAWS SUBPART A THE CHARTER * (c) Unclassified and classified service, The° civil service of the city is hereby divided into the unclassified and the classified service (1) The unclassified service shall include: Personnel with permanent civil service rights appointed by the city manager to unclassified positions shall retain said civil [service] rights in the position from which selected as may have accrued. (A) The city manager, his or her assistants, and,secretarial staff; (B) The heads, directors assistant;or deputy directors and superintendents of all of departments and divisions, without limitation,=employees of agencies and trusts or the like, , the city clerk, chief of police, and the chief of ,fire div+sieni, (C) Assistants to department and division heads: All ranks in the police division above the classified position of police captain; All ranks in the.:fire division above the classified position of fire battalion chief (chief fire officer); The administrative staff of elected officials; All persons who are part-time, grant -funded, bond -funded or engaged by contract Page 2 of 6 Chief of fire rescue; (D) AD attorneys employed by the city. The city attorney shall be the supervisor of all attorneys employed by the city. The city attorney shall have exclusive authority regarding, but not limited to appointment, removal and salary as to assistant city attorneys. The -foregoing on November 1, 1972. e In addition to the unclassified positions described. in (A), (B), (C) and (D), the city,rnanager shall have the authority to establish and fill at the city manager's discretion, additional positions in the unclassified service, provided that such unclassified positions".may be established in the unclassified service not to exceed twenty-five percent (25°k) of the total full -time -equivalent, regular employees in the City's service (excluding sworn employees in the Police and Fire departments Section 3. In accordance with the provisions of Becton 2-12 of the Code of the City of Miami, Florida, as amended and Section 6.03 of the Miami -Dade County Home Rule Charter, an Election of the City of Miami isA called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on November 2, 2010, for the purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 2. Section 4. The referendum special election shall be held at the voting places in the precincts; designated alias shown. on. the list attached hereto and made a part hereof and referred to. as Exhibit No. 1 or as may. be, designated by the Supervisor of Elections of Miami - Dade County, Florida, in conformity with the provisions of the general laws of the State. The Precinct Ele..ction Clerks and Inspectors to serve at said polling places on said election date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in accordance with the general laws of the State. A description of the registration books and records Which pertain to election precincts wholly or partly within the City, and which the City is hereby adopting` and desires to use for holding such referendum special election is as follows: all registration 'Cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State of Florida, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City of Miami. Section 5. In compliance with Section 100.342, Florida Statutes (2009), the City Clerk is hereby authorized and directed to publish notice of the adoption of the herein resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week Page 3 of 6 prior to the week in which the aforesaid referendum special municipal election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially in the following form: "NOTICE OF REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 10- A referendum special election will be held on Tuesday, November 2, 2010 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, as set forth herein, unless otherwise provided by law, for the purpose of submitting to the qualified electors of the City of Miami, Florda, the following question: Shall the City Charter be amended to inc�ude,certain positions in the Citys unclassified service and allow the City Manager; to establish and fill additional positions in the unclassified service, provided that the unclassified service does not exceed twenty-five (25),percent of the full time equivalent, regular employees in City service (excluding sworn employees in the Police and Fire departments)? This measure creates unclassified positions in the charter, eliminates some unclassified positions and allows the City Manager to establish and fill additional positions. By order; of the"Commission of the City of Miami, Florida City Clerk [INSERT A LIST OF CITY OF MIAMI POLLING PLACES.] Section 6, The official ballot to be used at said referendum special election shall be in full compliance with the laws' of the State of Florida with respect to absentee ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following' form, to wit: "OFFICIAL BALLOT REFERENDUM SPECIAL ELECTION TUESDAY, NOVEMBER 2, 2010 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Creating additional unclassified positions and allowing the manager to establish and fill positions Page 4 of 6 YES (For the Measure) NO (For the Measure) Shall the City Charter be amended to include certain positions in the City's unclassified service and allow the City Manager to establish and fill additional positions in the unclassified service, provided that the unclassified service does not exceed twenty-five (25) percent of the full time equivalent, regular employees in City service (excluding sworn employees in the Police and Fire departments)? Section 7. Electors desiring to vote in approval of said Question described above, shall be instructed to punch straight down with the stylus through the holenext to the word "YES" within the ballot frame containing the statement relating to the Question. Electors desiring to vote to disapprove the Question, shall be instructed to punch straight down with the stylus through the hole next to the word "NO" within the ballot frame containing the statement relating to the Question. Section 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absentee electors entitled to cast such ballots in said referendum special election. Section 9. All qualified electors of said` City shall be permitted to vote in said referendum special election and the Supervisor of Elections of Miami -Dade County, Florida, is hereby requested, authorized, and directed to furnish, atFthe cost and expense of the City of Miami, a list of all qualified; electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 10. For the purpose of enabling "persons to register who are qualified to vote in said referendum'spegial election to be held on November 2, 2010, and who have not registered under the provisions ofthe general laws of Florida and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to,nother in the City they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 2700 Northwest 87th Avenue, Dora!, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described referendum special election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. PRISCILtA A. THOMPSON, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County, Florida, in relation to matters pertaining to the use of the registration books and the holding of said referendum special election. Page 5 of 6 Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five days prior to the date of the herein referendum special election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnotes {1} Words/and or figures stricken throughshall be deleted. Underscored words and/or figures shall be added. The remaining provisions are, now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. ,x {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 6 of 6