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HomeMy WebLinkAboutR-99-0608J-99-689 8/2/99 RESOLUTION NO. 9 9 - 6 0 8 A RESOLUTION, WITH ATTACHMENTS, 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. 3, TO ESTABLISH AND CREATE, COMMENCING JANUARY 1, 2000, THE POSITION OF AN INDEPENDENT AUDITOR GENERAL AND THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL; MORE PARTICULARLY BY CREATING SECTION 48 OF SAID CHARTER; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 3 TO THE ELECTORATE AT SAID ELECTION; 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 TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. WHEREAS, the City of Miami's Charter Review Committee convened publicly, conducted a comprehensive study of the City's Charter, and held public hearings; and WHEREAS, the City of Miami's Charter Review Committee after meeting publicly, conducting a comprehensive study of the City's Charter and holding public hearings made the recommendations i I AUG G 2 1999 Resolufion %a 99- 1Q8, contained herein; and WHEREAS, on July 27, 1999, by its adoption of Resolution No. 99-545, the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and WHEREAS, it is the intent and desire of this City Commission to be fully, consistently, currently and accurately apprised of the fiscal status of the City of Miami's government and have access to independent, unfiltered information on the fiscal health of the City of Miami's government, as well as relevant legislative analysis; and WHEREAS, it is in the best interest of the citizens of the City of Miami that the Office and position of Independent Auditor General be created to, inter alia, provide independent oversight of audit and analytical functions of the City and report directly to the_City Commission; and WHEREAS, the Independent Auditor General shall be responsible to .provide independent oversight of audit functions, examine accounting systems, provide budget and legislative analysis, conduct financial, operational, compliance, single act and performance audits of the City government, officials and independent agencies and perform such other duties as may be - 260 assigned by the City Commission or any Commissioner; and WHEREAS, the proposed Charter amendment is set forth in its final form in this Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at the referendum special election to be held on November 2, 1999, for the purpose of submitting Charter Amendment No. 3 to the electorate at said election, as called for and provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 48 of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), is hereby proposed to be created in the following particulars:!' ROOM •1111 •/ . /m - •/ • /� 2:i Underscored words and/or figures shall be added. - 3 - 99— 6108 - 4 - 99- 608 00.6 •11 11' • 11' • /- •1111 •/ The IAG ma • 11 time to time, issue directiye'm The Charter Amendment proposed in this Section shall be known as Charter Amendment No. 3. Section 3. In accordance with the provisions of the City Charter (Chapter 10847, Laws of Florida, 1925, as amended), and §5.03 of the. Miami -Dade County Home Rule Charter, a referendum special election is hereby called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 2,' 1999, 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. 3. Section 4. The referendum special election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to - 5 - 9 �� 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 Election 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 (1997), 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 prior to the week in which the aforesaid referendum special 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, 1999 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 99-608 A referendum special election will be held on Tuesday, November 2, 1999, 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, Florida, the following question: "Shall the Charter of the City of Miami be amended to establish the Office and position of Independent Auditor General, commencing January 1, 2000, for fixed term subject to suspension, removal for cause; appointed and reporting to City Commission; responsible for independent oversight of City audits, accounting systems, budget, legislative analysis, financial, operational and other audits of city government, officials and independent agencies; and perform other duties assigned by City Commission or any Commissioner?" Charter Amendment No. 3, if adopted, establishes, commencing January 1, 2000,. the Office and position of Independent Auditor General ("IAG") which is appointed by, and reports directly to, the City Commission, and is responsible to provide the City Commission with independent oversight of City audits to examine accounting systems, provide_ budget and legislative analysis, conduct financial, operational, compliance, single act and performance audits of city government, officials and independent agencies; and perform other duties assigned by the City Commission or any Commissioner. The IAG's initial appointment and term shall begin January 1, 2000, and end with the election in November 2001. Thereafter, the appointment shall_ be for a term of four (4) years. During the initial and any subsequent term, the IAG shall be subject to suspension or removal by the City Commission for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just and reasonable cause. �By order of the Commission of the City of Miami, Florida. CITY CLERK A list of City of Miami polling places follows: (Attach list of City of Miami Polling Places.)" Section 6. The official ballot to be used at said 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 (hereinafter 'ICES"), and shall be in substantially the following form, to wit: "OFFICIAL BALLOT REFERENDUM SPECIAL ELECTION TUESDAY, NOVEMBER 2, 1999 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ------------------------------------------------------- Charter Amendment establishing the Office and position of Independent Auditor General. "Shall the Charter of the City of Miami be amended to establish the Office and position of YES Independent Auditor General, (For the Measure) commencing January 1, 2000, for fixed term subject to suspension, removal for cause; appointed and reporting to City Commission; responsible. for independent oversight of City audits, NO accounting systems, budget, (Against the Measure) legislative analysis, financial, operational, and other performance audits of city government, officials and independent agencies; and perform other duties assigned by City Commission or any Commissioner?" Section 7. Electors desiring to vote in approval of said Question described above, shall be instructed to punch straight 8 - 00 60- 8 down with the stylus through the hole next to the word "YES" within the ballot frame containing the statement relating to said Question. Electors desiring to vote in disapproval of said 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 said 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 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, at 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 special election to be held on November 2, 1999, and who have not registered under the provisions of the general laws of Florida - 9 - 99- 608 and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another 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 111 N.W. 1st Street, Miami, 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 election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. WALTER J. FOEMAN, 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. 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 (45) days prior to the - 10 - 99- 608 date of the herein referendum special election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral PASSED AND ADOPTED this 2nd ATTEST: WALTER J. FOEMAN CITY CLERK 0 RD VILARELLO ATTORNEY 669:YMT:BSS TNESS: day of August , 1999. JOE CAROLLO, MAYOR Resolution No. 99-608 was vetoed by Mayor Carollo on August 12, 1999. Since a four -fifths (4/5ths) vote of all Commissioners present is required to override a veto (pursuant to Miami Code Sec..2-36), the City Commission upheld the vote notwithstanding the veto of the Mayor by a unanimous vote, with Commissioners Teele, Regalado; Sanchez, Plummer and Gort voting"yes" and none voting "no" on th1e motion to ��verrl e t e Mayor does 6Ao19 sign tnisReRe°solu�oonNOit99shaA fb°ecomeerride. 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. - 11 - 99- 608 JOE CAROLLO MAYOR TO: FROM: DATE: ��C �tfij of tams, �Flar OFFICE OF THE MAYOR MIAMI, FLORIDA VETO AND VETO MESSAGE P.O. BOX 330708 MIAMI, FLORIDA 33233-0708 (305) 250-5300 FAX (305) 854-400I Honorable Members of the City Commission -" Miami, Florida '` Joe Carollo, Mayo Miami, Florida August 12, 1999 Wst Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of Miami, Florida, I hereby veto: RESOLUTION NO.99-608 Veto Message: The proposed position of Independent Auditor General is both wasteful and duplicative. Many of the duties prescribed for this position are performed effectively by the City of Miami's Department of Finance. Currently, our Internal Auditor reports to the professional staff in the City Manager's office — not to the elected politicians to which the proposed position would report. In short, the Independent Auditor General position is unnecessary given the thorough oversight and auditing functions currently undertaken by the Department of Finance.