HomeMy WebLinkAboutReso 2026-4043RESOLUTION NO. 2026 4,043
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND COMMISSIONERS, AT EACH ELECTED
OFFICIAL'S SOLE CHOICE AND OPTION, TO ENROLL AND PARTICIPATE IN AND
RECEIVE THE SAME INSURANCE BENEFITS AS IS AVAILABLE TO CITY'S REGULAR
EMPLOYEES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 166.021, Florida Statutes, and as provided in Section 2(b),
Article VIII of the Constitution of the State of Florida, "municipalities shall have the governmental,
corporate, and proprietary powers to enable them to conduct municipal government, perform
municipal functions, and render municipal services, and may exercise any power for municipal
purposes, except when expressly prohibited by law"; and
WHEREAS, pursuant to Section 112.08(2)(a), Florida Statutes:
Notwithstanding any general law or special act to the contrary, every local governmental
unit is authorized to provide and pay out of its available funds for all or part of the
premium for life, health, accident, hospitalization, legal expense, or annuity insurance, or
all or any kinds of such insurance, for the officers and employees of the local
governmental unit and for health, accident, hospitalization, and legal expense insurance
for the dependents of such officers and employees upon a group insurance plan and, to
that end, to enter into contracts with insurance companies or professional administrators
to provide such insurance or with a corporation not for profit whose membership consists
entirely of local governmental units authorized to enter into risk management
consortiums under this subsection.
WHEREAS, pursuant to Attorney General Opinion (AGO) 2004-17, members of a city
commission, as the City's governing body, constitute officers of the city for purposes of Sec.
112.08, Florida Statutes, and therefore, municipalities are authorized to provide insurance for
the members of its governing body; and
WHEREAS, pursuant to AGO 2008-09, absent any prohibition in a municipality's charter
or personnel rules, municipalities may allow its elected officials and its employees to opt out of
a municipality's group health insurance plan, and in lieu, receive compensation in the amount of
the unused premium; and
WHEREAS, the City Commission of the City of Sunny Isles Beach, Florida, has determined
that it is in the best interest of the City to make insurance benefits available to the City's Mayor
and Commissioners on the same basis as such insurance benefits are available to the City's
regular employees, in the manner provided herein.
R2026 Health Benefits for Elected Officials (July RCCM).docx Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and
confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Allowing Insurance Benefits for Elected Officials. The City Commission hereby
authorizes its elected officials to enroll and participate in and receive, at each elected official's
sole choice and option, insurance benefits on the same basis as is available to the City's regular
employees, subject to all applicable City policies and state and federal insurance rules,
regulations, and laws. The City shall pay the same proportionate share of monthly premiums for
insurances for participating elected officials as the City pays for City employees and non-City's
share of premiums shall be in the same amounts as regular employees of the City.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution. The City Manager is further authorized to adjust
the effective date of any such insurance benefits depending on applicable contract provisions and
the rules and regulations governing open enrollment.
Section 5. Effective Date. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 16th d of July, 026.
C` I l yr
ATTEST:
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Maurici Betanc r, CMC, City Clerk
Larisa SvechinJ Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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Alain E. Boileau, City Attorney
Nabors, Giblin & Nickerson, P.A.
r
Moved by:614-b-IOJ �. Seconded by: tip V
Vote: /
Mayor Svechin ✓ (Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
R2026 Health Benefits for Elected Officials (July RCCM).docx Page 2 of 2
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Stan Morris, City Manager
DATE: July 16, 2026
RE: Review of Health Benefits for Elected Officials
RECOMMENDATION:
This item is presented for consideration by the City Commission.
REASONS:
As discussed during the monthly Commission Workshop in May, during the City's budget preparation
process, staff identified that, while the City has provided health and related insurance benefits to
Elected Officials for nearly two decades, there does not appear to be any formal authorization
establishing Elected Officials as eligible recipients of those benefits. The City's Personnel Policy defines
eligible employees for purposes of benefits; however, Elected Officials are not included within that
definition. Additionally, following a thorough review, staff was unable to locate any ordinance,
resolution, or Charter provision expressly authorizing Elected Officials to receive these benefits,
although the Charter does provide for other forms of compensation, including salary and expense
stipends.
The current practice has been to offer Elected Officials the same City -paid insurance benefits available
to eligible employees, including health, dental, vision, long-term disability, and life insurance. Through
enrollment, Elected Officials may also elect certain voluntary coverages, including voluntary life
insurance, legal insurance, voluntary short-term disability, AFLAC, pet insurance, supplemental whole
life insurance, identity protection, and COBRA, as applicable.
The attached Resolution authorizes elected officials of the City to enroll and participate in the City's
insurance benefits program on the same basis as regular City employees, subject to applicable City
policies and state and federal insurance rules, regulations, and laws. The City would pay the same
proportionate share of monthly premiums for participating elected officials as it pays for regular City
Item Number: 9.F
202
employees.
The Resolution also authorizes elected officials, at their sole choice and option, to continue participating
in the City's insurance benefits program for a period not to exceed two (2) years after the end of their
respective terms of office, subject to enrollment in the City's insurance plan and annual appropriation
by the City Commission.
Item Number: 9.F
203