HomeMy WebLinkAboutLegislation SR/FRCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00839 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 AND EXPANDING THE FINANCIAL
INTEGRITY PRINCIPLES; CONTAINING A REPEALER PROVISION, 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;
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
ARTICLE IX. FINANCIAL POLICIES
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DIVISION 2. FINANCIAL INTEGRITY PRINCIPLES
Sec. 18-541. Established; implementation; review; reports.
Financial integrity principles and policies to assure and maintain financial integrity
in the city are hereby established and shall be implemented immediately upon adoption of this
division.
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The financial integrity principles as set forth herein shall be reviewed and updated as necessary,
at least every three years. The city's internal auditor general shall be responsible for preparation
of a written report to be transmitted to the mayor and the members of the city commission by July
1 of each year as to compliance with the principles and policies set forth in this division. The report
shall include recommendations for additional policies or actions, to be considered for action after
reviewing the latest annual audit Comprehensive Annual Financial Report (CAFR), Single Audit
Report, and management letter comments.
Sec. 18-542. Financial integrity principles.
The following financial integrity principles are hereby adopted:
(1) Structurally Balanced Budget. The city shall maintain a structurally -balanced budget.
Recurring revenues will fund recurring expenditures.
(2) Estimating conference process. The city shall adopt budgets and develop its long and
short-term financial and capital improvement plans utilizing a
professional estimating conference process. The principal responsibilities of the conference
will include review of the assumptions and estimates prepared by the city and making
recommendations for changes. Any recommendations made should be summarized and
reported to the city manager, mayor and city commission. Conference principals shall include,
but not be limited to: one principal from the budget office; one principal from the finance
department and two non -staff principals with public finance expertise.
(3) Interfund borrowing. The city shall not borrow or use internal fund transfers to obtain cash
from one fund type or reserve to fund activities of another fund type or reserve unless such use
is deemed lawful, and unless the estimating conference has determined that (a) the funds to
be borrowed loaned will not be needed during the lending period, and (b) the funds for
repayment will be available within a two-year period, Any actions taken to borrow funds under
these conditions must be separately presented to and approved by the city commission and
the term of such borrowing shall not extend beyond the last day of the subsequent fiscal year.
Recognizing that some programs are funded by grants or other entities on a reimbursement
basis, the city shall apply for such reimbursements on a timely basis to minimize the period
that city funds are used as float. In the event loans/float for these reimbursements extend
beyond the end of a fiscal year, such reimbursements shall be reflected as receivables in the
Comprehensive aAnnual #Financial statements Report (CAFR) to the extent allowed under
accounting principles generally accepted in the United States of America
(GAAP). The department of finance shall make a quarterly determination of the amount of
expenses incurred which may not be reimbursable under these programs. A quarterly report of
expenses incurred but not reimbursable shall be presented to the city commission, together
with the actions needed to avoid project deficits.
(4) For purposes of this section, city-wide surplus for any fiscal year is defined as the increase
in unreserved general fund balance as reflected in the city's Comprehensive •aAnnual
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fFinancial statement: Report (CAFR). City-wide deficit for any fiscal year is defined as the
decrease in unreserved general fund balance as reflected in the city's Comprehensive aAnnual
fFinancial statements Report (CAFR). Budget surplus of any office, department or elected
official is defined as the excess of budgeted expenses over actual expenses in any fiscal year.
Notwithstanding anything to the contrary in this section, the total amount of budget surplus to
be added to designated reserves and special revenue funds pursuant to this section (together,
the "rollover amounts") is limited to city-wide surplus for any fiscal year. In the event the
rollover amounts would result in a city-wide deficit, then each budget surplus within the rollover
amounts shall be reduced proportionately so the city's Comprehensive aAnnual fFinancial
ctatemcnts Report (CAFR) will reflect no change in undesignated, unreserved general fund
balance. In the event that a city-wide deficit would result before effecting the rollover amounts
in any fiscal year, then no rollover amounts shall be available.
a. Budget surpluses in an elected official's budget in any fiscal year shall be reflected as
designated reserves at the end of the fiscal year in which such surplus arose and be
appropriated for discretionary use of added to the budgot of such elected official for the
following fiscal year.
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(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 designated reserves until such time as the city has funded 50 percent of the
liabilities in its general of the long-term debt account group liabilities (excluding bonds,
loans, and capital lease pavables) 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 undesignated reserve and be treated in accordance with
paragraph 5(b) of this section.
(c) Designated reserves. The city shall retain reserves equal to ten percent of the prior three
years average of general revenues. Such reserves shall be used for funding long-term
liabilities and commitments of the city such as:
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3.Infrastruct-e4e-bc#undcd on a csnsh basis;
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4-3. Strategic initiatives (until completed);
54. Blue Ribbon Commission Initiatives (until completed);
65. 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)/0) 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.
The annual external audit reports (Comprehensive Annual Financial Report (CAFR), Single
Audit, and Management Letter) of the city shall be prepared and presented to the mayor and
city commission by March 31 of each fiscal year. The city
commission shall convene a workshop meeting with the external auditors to review the findings
and recommendations of the audit.
secondary markctplace.
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, strategies for reentering tho bond
market in tho futuro, debt issuance and management.
12. Evaluation committees. Such committees shall be created, to the extent feasible, and
contain a majority of citizen and/or business appointees from outside city employment to
review city solicitations (bider"requests for proposals", etc.), contracts or contract
omendmcnts ovor $10,000-00 and all collective bargaining contract issues. The
recommendations of the evaluation committee shall be provided to the mayor and city
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commission on all such contracts prior to presentation for official action.
curriculum.
Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in
conflict with the provisions of this Ordinance are repealed.
Section 6. 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.
Section 7. This ordinance shall become effective IMMEDIATELY after final reading and
adoption thereof.{2}
APPROVED AS TO FORM AND CORRECTNESSt'
0
ITC A
L. ERNANDEZ
TT•RNEY
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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