HomeMy WebLinkAboutR-99-0616J-99-714
8/16/99 RESOLUTION NO. 9 9 - 16
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY
A FOUR -FIFTHS (4/5Tas) AFFIRMATIVE VOTE OF ALL
COMMISSIONERS PRESENT, OVERRIDING THE MAYORAL
VETO OF RESOLUTION NO. 99-608, ADOPTED ON
AUGUST 2, 1999, WHICH RESOLUTION CALLS AND
PROVIDES FOR A REFERENDUM SPECIAL ELECTION TO
BE HELD ON NOVEMBER 2, 1999, PROPOSING AN
AMENDMENT TO THE CHARTER OF THE CITY OF
MIAMI, 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.
WHEREAS, Section 4(g)(5) of the Charter of the City of
Miami, Florida, as amended, provides for Mayoral veto and
subsequent Commission override for legislative, quasi-judicial,
zoning, master plan, land use and budget decisions of the City
Commission; and
WHEREAS, Section 2-36 of the Code of the City of Miami,
Florida, as amended ("Code"), sets forth procedural mechanisms
for a mayoral veto and subsequent commission override; and
WHEREAS, on August 2, 1999,. the City Commission adopted
Resolution No. 99-608, which Resolution calls and provides for a
referendum special to be held on November 2, 1999, for the
purpose of submitting a proposed amendment, known as Charter
CITY COMMISSION
MEETING OF
AUG 1 G 1999
Resolution No. .
99- 6 6
Amendment No. 3, to the electorate at said election to amend the
Charter of the City of Miami, Florida, as amended, to establish
and create, commencing January 1, 2000, the position of an
Independent Auditor General and the Office of the Independent
Auditor General; and
WHEREAS, on August 12, 1999, Mayor Joe Carollo vetoed said
Resolution No. 99-608; and
WHEREAS, on August 16, 1999, the City Commission moved that
Resolution No. 99-608 become effective on August 2, 1999,
notwithstanding the veto of the Mayor;
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. Mayor Joe Carollo's veto of Resolution
No. 99-608, adopted on August 2, 1999, which Resolution calls and
provides. for a referendum special election to be held on
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November 2, 1999, proposing an amendment to 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, is hereby overridden by a
four -fifths (4/5ths) affirmative vote of all Commissioners present
on this date.
PASSED AND ADOPTED this 16th day of August 1999.
APPROVED AS TO FORM AND CORRECTNESS:1�/
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4_4'e 24/ �"
SAL JANDRO VILAR LZO
C l Y ATTORNEY
W3689:RCL:BSS
- 3 - 99- 61b
JOE CAROLLO
MAYOR
TO:
FROM:
DATE:
Crt#v of ��t�xnti. F1vrT5zi
P.O. BOX 330708
MIAM1, FLORIDA 33233-0708
(305) 250-5300
FAX (305) 854-4001
OFFICE OF THE MAYOR
MIAMI, FLORIDA -
VETO AND VETO MESSAGE
Honorable Members of the City Commission
Miami, Florida
Joe Carollo, May
Miami, Florida /
August 12, 1999
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.
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J-99-689
8/2/99
RESOLUTION NO
tj 0 0 S
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
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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
99- 616
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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:V
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99- 616
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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
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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 S. 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:
99- 616
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"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 besubject to
suspension or removal by the City Commission for
incompetence, neglect of ,duty, immorality, drunkenness,
failure to obey orders given by proper authority, or
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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.
YES
(For the Measure)
NO
(Against the Measure)
"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
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
99- 616
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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
99- 616
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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
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date of the herein referendum special election.
Section 13. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.
PASSED AND ADOPTED this 2nd
day of August
1999.
JOE CAROLLO, MAYOR
a..
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVER AS, 0 ,ARM D CORRECTNESS:
A4
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A VILARELLO
eI ATTORNEY
/3669:YMT:BSS
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.
99- 616
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CITY OF MIAMI, FLORIDA
NOTICE OF SPECIAL MEETING
The City of Miami Commission has scheduled a Special Commission Meeting for Monday,
August 16, 1999, at 5 p.m. in City Hall Chambers, 3500 Pan American Drive, Miami, Florida, in
connection with Mayor Carollo's veto of the following legislation:
Resolution 99-608, from the August 2, 1999 Commission meeting, which set
forth and submitted to the electorate a proposed 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;
Resolution 99-609, from the August 2, 1999 Commission meeting, which set
forth and submitted to the electorate a proposed Charter Amendment No. 4, to
(1) make management agreements with for -profit commercial entities subject to
the requirements of Section 29-B of the Charter; (2) eliminate the requirement of
a referendum for the sale or lease of non -waterfront, City -owned property, or the
execution of a management agreement with a commercial, for -profit entity on
non -waterfront, City -owned property when the value of the property is five
hundred thousand dollars ($500,000) or less, as determined by an appraisal
performed by a state -certified appraiser; and (3) exempt the execution of
management agreements with not -for -profit entities from any competitive
bidding requirements;
Resolution 99-610, from the August 2, 1999 Commission meeting, which set
forth and submitted to the electorate a proposed Charter Amendment No. 5, to:
(1) exempt from the provisions of Section 29-B the conveyance of City -owned
non -waterfront property to an adjacent property owner when the subject property
is 7,500 square feet or less or when the non -waterfront City -owned property is
not buildable, and (2) authorize the City Commission to waive all competitive
bidding requirements when extending an existing lease, subject to said extension
providing a fair return to the City based on two (2) independent appraisals;
Resolution No. 99-611, from the August 2, 1999 Commission meeting, which set
forth and submitted to the electorate a proposed Charter Amendment No. 6, to
(1) require the involvement of members of the public having expertise in the
field of real estate development or related technical areas and/or who reside
within the vicinity of a proposed unified development project site in providing
input to the city manager concerning a particular unified development project;
(2) allow the competitive process for a unified development project to be
conducted as a single request for proposals process and/or as a two step process
providing for the prequalification of proposers;
Resolution No. 99-612, from the August 2, 1999 Commission meeting, which set
forth and submitted to the electorate a proposed Charter Amendment No. 7, to
exempt from the provisions of Section 29-B and from competitive bidding
requirements the sale or lease of county delinquent tax land property acquired by
Miami -Dade County which has been conveyed to the City by the Board of
County Commissioners of Miami -Dade County under the provisions of Section
197.592, Florida Statutes (1997); and
Resolution No. 99-614, from the August 2, 1999 Commission meeting, which set
forth and submitted to the electorate a proposed Charter Amendment No. 1
providing for, commencing March 14, 2000, on which date an election for mayor
shall be held establishing 1) a"Strong Mayor -Commission" form of government
whereby the Mayor is chief executive officer of the City of Miami, acquiring
powers and duties previously vested in the City Manager and acquiring certain
other powers, and 2) the succession of the office of the Mayor.
Members of the public are invited to attend.
(City Seal) Walter J. Foeman
(#5265) City Clerk
§ 2-36 . - M AHII CODE
Sec. 2-36. Mayoral veto and commission
override.
The veto provisions of City Charter section
4(g)(5) shall be exercised exclusively in accor-
dance with the terms and conditions herein:
(1) Each ordinance and resolution finally
adopted by the commission shall contain
a place for noting mayoral approval or
veto, and commission override. The mayor
may indicate approval of any ordinance or
resolution by signing it in the place pro-
vided, or the mayor may permit the item
to become effective in accordance with its
terms by allowing ten days to elapse with-
out exercising a veto.
(2) If the mayor determines to veto an ordi-
nance, resolution, motion or budget line
item, the mayor shall personally sign a
copy of the form set forth herein in the
place so provided and shall indicate with
specificity the reason(s) for the veto. The
form shall be stated substantially as fol-
lows:
OFFICE OF THE MAYOR
MIAMI, FLORIDA
VETO AND VETO MESSAGE
To:
From:
Honorable Members of the City
Commission
Miami, Florida
[Signature of the Mayor] Mayor,
Miami, Florida
Pursuant to the authority vested in me
under the provisions of Section 4(g)(5) of
the Charter of Miami, Florida, I hereby
veto:
[State ordinance, resolution, motion or
budget line item]
Veto message:
city clerk's official date and time recorder
stamp on the completed form shall conclu-
sively determine compliance or noncom-
pliance within the ten-day time frame.
(4) The city clerk shall place any item(s)
vetoed by the mayor, together with the
completed veto forms, on the next regu-
larly scheduled commission agenda as the
first substantive itemis) for commission
consideration.
(5). Notwithstanding any other rule of the
commission, items vetoed by the mayor
shall not be subject to the "5 day rule" as
provided in section 2-33; not be deferred
to a future meeting; not require commit-
tee review; not be subject to a motion to
reconsider, except at the same meeting;
not require first reading; not require pub-
lication or additional public hearings; or
not be amended if the item required spe-
cial publication or a public hearing to be
originally adopted or enacted.
(6) A motion to override a mayoral veto shall
be stated substantially as follows:
a. "I move that [the ordinance, resolu-
tion or motion] be adopted and be-
come effective notwithstanding the
veto of the mayor"; or
b. "I move that [the specific line item in
the budget] be restored to the ordi-
nance and become effective notwith-
standing the veto of the mayor."
(7) If four -fifths of all commissioners present
votes in favor of a resolution to override a
mayoral veto as provided in subsection (f)
above, the commission action in question
shall be deemed enacted or adopted and
effective in accordance with its terms;
otherwise, the mayoral veto shall be
deemed sustained.
(8) The provisions of this rule shall not be
waived.
(3) The completed form shall be submitted to (Ord. No. 11564, § 4, 10-28-97)
the city clerk on or before 4:30 p.m. on the
tenth calendar day following final commis-
sion enactment or adoption thereof. The Secs. 2-37--2-60. Reserved.
Supp. No. 5 CD2:14