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Legislation
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Ordinance
File Number: 10-00989
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/
ARTICLE IX/DIVISION 2 ENTITLED "FINANCE/FINANCIAL POLICIES/FINANCIAL
INTEGRITY PRINCIPLES" BY CLARIFYING THE FINANCIAL INTEGRITY
PRINCIPLES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") recognizes it has made improvements in its financial position
through adherence to financial "best practices;" and
WHEREAS, the City has formalized a series of financial principles, many of which are currently
utilized by the City, which will serve as the basis for governing the City's finances in the future; and
WHEREAS, the City desires to clarify and expand the financial integrity principles it had adopted
and implemented to comply with required federal standards;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 18/Article IX/Division 2, entitled "Finance/Financial Policies/Financial Integrity
Principles," is amended in the following particulars:{1}
"CHAPTER 18
FINANCE
AR7ICLE IX. FINANCIAL POLICIES
DIVISION 2. FINANCIAL INTEGRITY PRINCIPLES
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Sec. 18-542. - Financial integrity principles.
The following financial integrity principles are hereby adopted:
(5)
Reserve policies. The following three reserve policies categories are established for the general
operating fund of the city:
a.
Current fiscal year contingency. A "contingency" reserve level of $5,000,000.00 shall be
budgeted annually. Such contingency reserve shall be available for use, with city commission
approval, during the fiscal year, to fund unanticipated budget issues which arise or potential
expenditure overruns which cannot be offset through other sources or actions. The unused
portion of the budgeted contingency reserve in any fiscal year shall be reflected as deSigRated
resepoes unassigned fund balance reserves until such time as the city has funded 50 percent of
the liabilities of the long-term liabilities (excluding bonds, loans, and capital lease payables) as
reflected in the city's comprehensive annual financial report (CAFR). Amounts not needed to
satisfy the 50 percent requirement shall be considered general fund URdesigRated reseNe
unassigned fund balance rese.ve and be treated in accordance with subsection (5)b.
b.
General fund undesignated FeseNe unassigned fund balance reserves. The city shall retain
^,yes grate. resepves unassigned fund balance reserves equal to a threshold ten percent of
the prior three years average of general revenues (excluding transfers). Amounts designated
as "contingency" reserve in 5(a) shall be included in the calculation of meeting the ten percent
of the prior three years average of general revenues for the unassigned fund balance category.
Such reserves may only be used for offsetting an unexpected mid -year revenue shortfall or for
funding an emergency such as a natural or man-made disaster, which threatens the health,
safety and welfare of the city's residents, businesses or visitors. Any time these reserve funds
fall below the ten percent threshold, the city commission shall adopt a plan to achieve the
threshold within two fiscal years. Amounts in excess of the ten percent threshold may be used
for capital improvements, unanticipated expenditures necessary to assure compliance with
legal commitments, and for expenditures that will result in the reduction of recurring costs or
the increase in recurring revenues of the city.
C.
Designated resepves General Fund assigned fund balance reserves. The city shall retain
assigned fund balance reserves equal to ten percent of the prior three years average of
general revenues (excluding transfers). Such reserves shall be used for funding long-term
liabilities and commitments of the city such as:
1.
Compensated absences and other employee benefit liabilities, including liabilities related
to post-retirement benefits;
2.
Self-insurance plan deficits (including workers compensation, liability claims and health
insurance);
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4.
5-3
Anticipated adjustments in pension plan payments resulting from market losses in plan
assets and other unanticipated payments necessary to maintain compliance with
contractual obligations.
Payment for compensated absences and other employee benefit liabilities and
self-insurance plan deficits may be drawn from this reserve during the fiscal year and
shall be replenished each year until fifty percent (50%) if such the liabilities are funded.
Other designated reserves may be drawn upon without the need for replenishment.
(10)
Financial oversight and reporting. The city shall provide for the on-going generation and utilization of
financial reports on all funds comparing budgeted revenue and expenditure information to actual on a
monthly and year-to-date basis. The finance department shall be responsible for issuing the monthly
reports to departments, the mayor and city commission, and provide any information regarding any
potentially adverse trends or conditions. These reports should be issued within 30 days after the close
of each month.
baa -The external auditor shall prepare the City's comprehensive annual financial report (CAFR)
extemal-audit by March 31 of each year. The single audit and management letter of the city shall be
Prepared by the external auditor by April 30 of each year. The external auditor shall
present the findings and
recommendations of the audit, single audit and management letter, to the mayor and city commission
at a scheduled commission meeting prior to July 30 of each year.
Financial reports, offering statements and other financial related documents issued to the public, shall
provide full and complete disclosure of all material financial matters.
(11)
Basic financial policies. The city shall endeavor to maintain formal policies, which reflect "best
practices" in the areas of:
a.
Debt: Such policy shall address affordability, capacity, debt issuance and management.
b.
Cash management and investments: Such policy shall require 24 -month gross and net
cash-flow projections by fund and address adequacy, risk, liquidity and asset allocation issues.
C.
Budget development and adjustments. Such policy shall establish proper budgetary
preparation procedures and guidelines, calendar of events, planning models by fund, budget
adjustment procedures, establishment of rates and fees, indirect costs/interest income and the
estimating conference process. The proposed budget should be scheduled to allow sufficient
review by the mayor and city commission while allowing for sufficient citizen input.
The city budget document reflecting all final actions as adopted by the city commission on or
before September 30 of each year, shall be printed and made available within 30 days of such
adoption.
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d.
Revenue collection: Such policy shall provide for maximum collection and enforcement of
existing revenues, monitoring procedures, and the adequacy level of subsidy for user fees.
e.
Purchasing policy: Such policy shall establish departmental policies and procedures and
provide appropriate checks and balances to ensure the city departments adhere to the city's
purchasing policies.
f.
Collective bargaining management practices: Such policy shall require that all memorandums
of understanding (M.O.U.$) entered into between the city and any collective bargaining unit that
amends, alters, or modifies any existing collective bargaining agreement and that may have a
fiscal impact of $40,000.00 or more be reviewed by the budget director, reviewed by the
finance committee with recommendations to the city manager. The finance committee shall
provide its recommendations regarding such M.O.U.s to the city manager not less than 14 days
prior to consideration by the city commission of any said M.O.U. for ratification. In the event
that the finance committee is unable to meet within the timeframes provided herein, then the
city manager may proceed to the city commission for ratification.
(12)
Evaluation committees.
a.
Solicitations. An evaluation committee, consisting of a majority of citizen and/or business
appointees from outside city employment, shall be created, to the extent feasible, to review city
solicitations ("requests for proposals," "requests for qualifications," etc.). The
recommendation(s) of the evaluation committee shall be provided to the mayor and city
commission on all such solicitations prior to presentation to the city commission for official
action.
b.
Collective bargaining agreements. The City of Miami Finance Committee, established pursuant
to city commission resolutions 98-631 and 98-767, shall review and provide recommendations
to the city manager regarding all collective bargaining agreements. The finance committee
shall provide its recommendations regarding such collective bargaining agreements to the city
manager not less than 14 days prior to consideration by the city commission of any said
collective bargaining agreement for ratification. In the event that the finance committee is
unable to meet within the timeframes provided herein, then the city manager shall proceed to
the city commission for ratification.
(13)
Full cost of service. The city shall define its core services and develop financial systems that will
determine on an annual basis the full cost of delivering those services. This. information shall be
presented as part of the annual budget and financial plan.
*1I
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
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Section 4. This ordinance shall become effective immediately after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY\�
Footnotes:
{1} Words/and or figures stricken through shall 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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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