HomeMy WebLinkAboutCC 1999-09-25 Discussion Item (2)0(
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1� September 25, 1999
Honorable Jeb Bush
Governor, State of Florida
The Capitol
Tallahassee, Florida 32399-001
Re: Miami Financial Emergency Oversight Board's Letter to you of September 2, 1999,
relative to Proposed City of Miami Charter Amendments.
Dear Governor Bush:
On December 3, 1996, pursuant to and at the specific behest of the City of Miami,
Governor Lawton Chiles issued Executive Order 96-391 declaring that a statutory State of
Financial Emergency existed in the City of Miami, and established a Financial Emergency
Oversight Board (the "Oversight Board") to oversee the fiscal activities of the City pursuant to
Section 218.503, Florida Statutes (1997). Subsequently several Interlocal Agreements were
entered into by the City of Miami and the Oversight Board, which further spelled out the
relationship between the parties.
At its meeting of August 25, 1999, and again in a letter to you dated September 2, 1999,
the Oversight Board, after hearing requests from representatives of several Labor Unions,
overstepped its mandate and, under the pretext of fiscal management, inserted itself into the
political processes of the City of Miami. Clearly such intrusion should not and cannot be
tolerated by this City Commission or the citizens of the City of Miami. Any question regarding
the City's "Form of Government" is uniquely the prerogative of one collective entity: the citizens
of the City of Miami; and can only be answered at the ballot box during a duly called
referendum.
The election process is the most basic of our constitutionally protected rights, and
incontrovertibly the main pillar upon which our great democracy rests. For the Oversight Board
to insert itself in any issue regarding the City's Form of Government, or any other such uniquely
political matter, is far afield of any explicit or implied authority: statutory, contractual or
otherwise.
The concerns raised by the Oversight Board in its referenced letter are clearly subjective
and based on speculation and misrepresentations. Further, it is improperly attempting to construe
Honorable Jeb Bush
Governor, State of Florida
September 25, 1999
Page 2
the Commission's motives through an adroit technique of overtly disavowing such intentions: for
instance, in the referenced letter's concluding paragraphs the Oversight Board states, among
other things, that:
Although we wish to avoid commenting on the apparent political
motives behind the Commission's decision, it is the Oversight
Board's strong belief that the City Commission's actions may
ultimately jeopardize the City's financial recovery.
We believe it is imperative that both the Oversight Board and the
Governor's office continue to diligently monitor the Political
instability in the City of Miami. (Emphases added.)
Regrettably, said statements fly in the face of all authority. City of Miami political
issues are the domain of the duly elected officials of the city and its citizens, not the Oversight
Board. Whether, and how often, Miami's citizens actually change or contemplate changing their
form of government is not an Oversight Board issue. Indeed, but hopefully not, Miami's citizens
could utilize available petition procedures to do the very same thing on a annual basis, if they so
desired, and it would be perfectly legal and beyond the City Commission's or Oversight Board's
ability to stop it.
In the past we have applauded the Oversight Board for its good work in accord with its
stated mandate prior to the referenced dates. But history is replete with similar examples of
beneficial institutions overstepping their intended authority and assuming a detrimental role
entirely different from their mandate. Any Oversight Board action(s) which involve it in the
City's political processes can never be considered benign. Quite to the contrary, such an action
is insidious in character and enters a corridor fraught with danger and presumptuousness.
Creative minds can always make some connection, no matter how tenuous, between any
action and some perceived negative consequential financial impact. Such strained interpretations
are hollow and invite incredulity and derision when they are wholly devoid of an analytical basis.
As a consequence we respectfully request that you support our position by directing the
Oversight Board not to stray from our interlocal agreement and its statutory mandate, by
1.
Honorable Jeb Bush'
Governor, State of Florida
September 25. 1999
Page 3
focusing its activities and actions solely on the management of financial matters. Thus, we the
undersigned respectfully petition you as our Governor to direct the Oversight Board not to
involve itself in speculation and issues uniquely political in nature, and limit its role and actions
to the specific purposes for which we jointly entered into the interlocal agreement — "to oversee
fiscal activities of the city."
Warmest regards.
Faithfully,
of Miirni/Florida.
Vice -Chairman
Wifredo:.ly" Gort,
Tomas
Arthur E. Teele, Jr.,To- mmissioner
c: Joe Carollo, Mayor
Donald H. Warshaw, City Manager
Alejandro Vilareilo, City Attorney
Walter Foeman, City Clerk
Chairman and Members of the Oversight Board
Chairman and Members of the Dade Legislative Delegation