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File ID: #15913
Ordinance
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "ADMINISTRATION/OFFICERS," BY CREATING NEW
DIVISION 5/SECTION 2-160 TO CREATE THE OFFICE OF INSPECTOR GENERAL;
PROVIDING MINIMUM QUALIFICATIONS, APPOINTMENT AND TERM OF OFFICE;
PROVIDING THE FUNCTIONS, AUTHORITY AND POWERS; PROVIDING FOR
ADMINISTRATIVE STAFF; PROVIDING A PROCEDURE FOR FINALIZATION OF
REPORTS AND RECOMMENDATIONS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 15913 (Revision: A) Printed On: 10/30/2024
City of Miami
Legislation
Ordinance
Enactment Number: 14320
File Number: 15913 Final Action Date: 10/15/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), TITLED "ADMINISTRATION/OFFICERS," BY CREATING NEW
DIVISION 5/SECTION 2-160 TO CREATE THE OFFICE OF INSPECTOR GENERAL;
PROVIDING MINIMUM QUALIFICATIONS, APPOINTMENT AND TERM OF OFFICE;
PROVIDING THE FUNCTIONS, AUTHORITY AND POWERS; PROVIDING FOR
ADMINISTRATIVE STAFF; PROVIDING A PROCEDURE FOR FINALIZATION OF
REPORTS AND RECOMMENDATIONS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is committed to the highest standards of ethics,
transparency, and accountability; and
WHEREAS, Section 14 of the City Charter provides that the City Commission may
investigate the financial transactions of any office or department of the City government and the
official acts and conduct of any City official, and by similar investigations may secure information
upon any matter; and
WHEREAS, to that end, the City Commission desires to create an Office of Inspector
General to, among other things, provide the public with full and accurate information, to promote
efficient administrative management, to make government more accountable, and to insure to
all persons fair and equitable treatment; and
WHEREAS, the purpose of the Office of Inspector General will be to identify efficiencies,
and to detect and prevent fraud, waste, mismanagement, misconduct, and abuse of power in
the City; and
WHEREAS, the City Commission finds that it is the best interest of the citizens,
residents and visitors of the City to create the Office of Inspector General;
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 2/Article III of the City Code, entitled "Administration/Officers," is
amended in the following particulars:1
"CHAPTER 2
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.
City of Miami File ID: 15913 (Revision: A) Printed On: 10/30/2024
ADMINISTRATION
ARTICLE III. OFFICERS
DIVISION 5. OFFICE OF THE INSPECTOR GENERAL
Section 2-160. Office of the Inspector General
(a) Created and established. There is hereby created and established the Office of the
Inspector General. The Inspector General shall head the Office. The organization and
administration of the Office of the Inspector General shall be sufficiently independent to
assure that no interference or influence external to the Office adversely affects the
independence and objectivity of the Inspector General.
(b) Minimum Qualifications, Appointment and Term of Office.
(1) Minimum qualifications. The Inspector General shall be a person who:
(a) Has at least ten (10) years of experience in any one, or combination of, the
following fields:
(i) as a Federal, State or local Law Enforcement Officer;
(ii) as a Federal or State court judge;
(iii) as a Federal, State or local government attorney;
(iv) progressive supervisory experience in an investigative public agency similar
to an inspector general's office;
(b) Has managed and completed complex investigations involving allegations of
fraud, theft, deception and conspiracy;
(c) Has demonstrated the ability to work with local, state and federal law
enforcement agencies and the judiciary;
(d) Has broad experience in auditing, accounting, and management;
(e) Has a four-year degree from an accredited institution of higher learning; and
(2) The applicant shall pass a level II background screening and financial background
check.
(3) Appointment. The Inspector General shall be appointed by the Ad Hoc Inspector
General Selection Committee ("Selection Committee"), except that before any
appointment shall become effective, the appointment must be approved by a majority
of the City Commission at the next regularly scheduled City Commission meeting after
the appointment. In the event that the appointment is disapproved by the City of Miami
Commission, the appointment shall become null and void, and the Selection
Committee shall make a new appointment, which shall likewise be submitted for
approval by the City of Miami Commission. The Selection Committee shall be
composed of five members selected as follows:
(a) The State Attorney of the Eleventh Judicial Circuit for Miami -Dade County or
a designee of the Office;
(b) The Public Defender of the Eleventh Judicial Circuit for Miami -Dade County
or a designee of the Office;
(c) The Chairperson of the Miami -Dade Commission on Ethics and Public Trust
or a designee of the Office;
(d) The President of the Miami -Dade Police Chiefs Association or a designee of
the Office; and
(e) The Special Agent in charge of the Miami Field Office of the Florida
Department of Law Enforcement or a designee of the Office.
The members of the Selection Committee shall elect a chairperson who shall serve as
chairperson until the Inspector General is appointed. The Selection Committee shall
City of Miami File ID: 15913 (Revision: A) Printed On: 10/30/2024
select the Inspector General from a list of qualified candidates submitted by the City of
Miami Human Resources Department.
(4) Term. The Inspector General shall be appointed for a term of four (4) years. In case of
a vacancy in the position of Inspector General, the Chairperson of the City
Commission may appoint the deputy inspector general, assistant inspector general, or
other Inspector General's office management personnel as interim Inspector General
until such time as a successor Inspector General is appointed in the same manner as
described in subsection (b)(2) above. The City Commission may, by majority vote of
members present, disapprove of the interim appointment made by the Chairperson at
the next regularly scheduled City Commission meeting after the appointment. In the
event such appointment shall be disapproved by the City Commission, the
appointment shall become null and void and, prior to the next regularly scheduled
Commission meeting, the Chairperson shall make a new appointment which shall
likewise be subject to disapproval as provided in this subsection (3). Any successor
appointment made by the Selection Committee as provided in subsection (b)(2) shall
be for a full four-year term.
Upon expiration of the term, the City Commission may, by majority vote of members
present, reappoint the Inspector General to another term. In lieu of reappointment, the
City Commission may reconvene the Selection Committee to appoint a new Inspector
General in the same manner as described in subsection (b)(2). The incumbent
Inspector General may submit his or her name as a candidate to be considered for
selection and appointment.
(5) Staffing of Selection Committee The City of Miami Human Resources Department
shall provide staffing to the Selection Committee and, as necessary, will advertise the
acceptance of resumes for the position of Inspector General and shall provide the
Selection Committee with a list of qualified candidates. The City of Miami Human
Resources Department shall also be responsible for ensuring that background checks
are conducted on the slate of candidates selected for interview by the Selection
Committee. The City of Miami Human Resources Department may refer the
background checks to another agency or department. The results of the background
checks shall be provided to the Selection Committee prior to the interview of
candidates.
(c) Contract. The Director of the Human Resources Department shall, in consultation with the
City Attorney, negotiate a contract of employment with the Inspector General, except that
before any contract shall become effective, the contract must be approved by a majority of
Commissioners present at a regularly scheduled Commission meeting.
(d) Functions, authority and powers.
(1) The Office shall have the authority to make investigations of City affairs and the power
to review past, present and proposed City programs, accounts, records, contracts and
transactions.
(2) The Office shall have the power to require reports from the Mayor, City
Commissioners, Manager, City agencies and instrumentalities, City officers and
employees and any independent agencies with ties to the City and its officers and
employees regarding any matter within the jurisdiction of the Inspector General.
(3) The Office shall have the power to subpoena witnesses, administer oaths and require
the production of records. In the case of a refusal to obey a subpoena issued to any
person, the Inspector General may make application to any circuit court of this State
which shall have jurisdiction to order the witness to appear before the Inspector
General and to produce evidence if so ordered, or to give testimony touching on the
matter in question. Prior to issuing a subpoena, the Inspector General shall notify the
State Attorney and the U.S. Attorney for the Southern District of Florida. The Inspector
General shall not interfere with any ongoing criminal investigation of the State
Attorney or the U.S. Attorney for the Southern District of Florida where the State
City of Miami File ID: 15913 (Revision: A) Printed On: 10/30/2024
Attorney or the U.S. Attorney for the Southern District of Florida has explicitly notified
the Inspector General in writing that the Inspector General's investigation is interfering
with an ongoing criminal investigation;
(4) The Office shall have the power to report and/or recommend to the Board of City
Commissioners whether a particular project, program, contract or transaction is or was
necessary and, if deemed necessary, whether the method used for implementing the
project or program is or was efficient both financially and operationally. Any review of
a proposed project or program shall be performed in such a manner as to assist the
City Commission in determining whether the project or program is the most feasible
solution to a particular need or problem. Monitoring of an existing project or program
may include reporting whether the project is on time, within budget and in conformity
with plans, specifications and applicable law;
(5) The Office shall have the power to analyze the need for, and the reasonableness of,
proposed change orders. The Inspector General shall also be authorized to conduct
any reviews audits, inspections, investigations or analyses relating to departments,
offices, boards, activities, programs and agencies of the City or with ties to the City.
(6) The Inspector General may, on a random basis, perform audits, inspections and
reviews of all City contracts. The cost of random audits, inspections and reviews shall,
except as provided in (a)—(n) in this subsection (6) be incorporated into the contract
price of all contracts and shall be one quarter ('/4) of one (1) percent of the contract
price (hereinafter "IG contract fee"). The IG contract fee shall not apply to the following
contracts:
(a) IPSIG contracts;
(b) Contracts for legal services;
(c) Contracts for financial advisory services;
(d) Auditing contracts;
(e) Facility rentals and lease agreements;
(f) Concessions and other rental agreements;
(g) Insurance contracts;
(h) Revenue -generating contracts;
(i) Contracts where an IPSIG is assigned at the time the contract is approved by the
Commission;
(j) Professional service agreements under one thousand dollars ($1,000.00);
(k) Management agreements;
(I) Small purchase orders;
(m) Federal, state and local government -funded grants; and
(n) Interlocal agreements.
Notwithstanding the foregoing, the Commission may by resolution specifically
authorize the inclusion of the IG contract fee in any contract. Nothing contained in this
Subsection (c)(6) shall in any way limit the powers of the Inspector General provided
for in this Section to perform audits, inspections, reviews and investigations on all city
contracts including, but not limited to, those contracts specifically exempted from the
IG contract fee.
(7) Where the Inspector General detects corruption or fraud, he or she must notify the
appropriate law enforcement agencies. Subsequent to notifying the appropriate law
enforcement agency, the Inspector General must assist the law enforcement agency
in concluding the investigation. When the Inspector General detects a violation of the
Miami -Dade Code of Ethics, he or she may file a complaint with the Miami -Dade
Commission on Ethics and Public Trust.
(8) The Inspector General shall have the power to audit, investigate, monitor, oversee,
inspect and review the operations, activities and performance and procurement
process including, but not limited to, project design, establishment of bid
specifications, bid submittals, activities of the contractor, its officers, agents and
employees, lobbyists, City staff and elected officials in order to ensure compliance
with contract specifications and detect corruption and fraud.
City of Miami File ID: 15913 (Revision: A) Printed On: 10/30/2024
(9) The Inspector General shall have the power to review and investigate any sworn, non -
anonymous complaints, on a form acceptable to the Inspector General, regarding City
programs, agencies, contracts or transactions, officials or employees. Such sworn
complaint must be based upon personal knowledge or information other than hearsay
and signed under oath or affirmation by any person.
(10) The Inspector General may exercise any of the powers contained in Section 2-160
upon his or her own initiative.
(11) The Inspector General shall be notified in writing prior to any meeting of a selection or
negotiation committee where any matter relating to the procurement of goods or
services by the City is to be discussed. The notice required by this subsection (11)
shall be given to the Inspector General as soon as possible after a meeting has been
scheduled, but in no event later than twenty-four (24) hours prior to the scheduled
meeting. The Inspector General may, at his or her discretion, attend all duly noticed
City meetings relating to the procurement of goods or services as provided herein,
and, in addition to the exercise of all powers conferred by Section 2-160, may pose
questions and raise concerns consistent with the functions, authority and powers of
the Inspector General. An audio recorder shall be utilized to record all selection and
negotiation committee meetings.
(12) The Inspector General shall have the authority to retain and coordinate the services of
Independent Private Sector Inspectors General (IPSIG) or other professional services,
as required, when in the Inspector General's discretion he or she concludes that such
services are needed to perform the duties and functions enumerated in subsection (d)
herein.
(13) Examine city audit functions and accounting systems, provide budget and legislative
analysis, conduct financial, operational, compliance, single act and performance
audits of city government, officials, and independent agencies, with reports submitted
to the city commission as deemed necessary by the Inspector General, from time to
time, and copied to the administration.
(14) Review and approve outside employment requests for the Mayor, Commissioners,
and appointed officers of the City. The Office shall also review and provide comments
on outside employment requests of employees prior to final approval by the City
Manager.
(15) Perform spot reviews of financial disclosure forms and gift disclosure forms.
(16) Upon receipt of a sworn written statement challenging the qualifications of a candidate
for election, the Office shall have ten (10) days to conduct an investigation as to the
allegations in the statement. If the Inspector General determines that the candidate
does not meet the qualifications of the office for which he or she has qualified, the
Inspector General is authorized and directed to file and prosecute an appropriate
action in Circuit Court with an attorney other than the City Attorney.
(e) Physical facilities and staff.
1. The City shall provide the Office of the Inspector General with appropriately located
office space and sufficient physical facilities together with necessary office supplies,
equipment and furnishings to enable the Office to perform its functions.
2. The Inspector General shall have, subject to budgetary allocation by the City
Commission, the power to appoint, employ, and remove such assistants, employees
and personnel and establish personnel procedures as deemed necessary for the
efficient and effective administration of the activities of the Office.
(f) Audit Reports. The Inspector General shall file written reports reporting the results of
individual audits undertaken in conformity with this section with copies to the City
Commissioners, the Mayor, the City Manager, and the City Attorney. Said reports shall, at a
minimum, state:
(1) The subject of the audit;
2 The findin s of the audit. and
City of Miami File ID: 15913 (Revision: A) Printed On: 10/30/2024
(3) The recommendations for action as a result of the audit, if any.
(g) Procedure for finalization of reports and recommendations which make findings as to the
person or entity being reviewed or inspected. Notwithstanding any other provision of this
Code, whenever the Inspector General concludes a report or recommendation which
contains findings as to the person or entity being reported on or who is the subject of the
recommendation, the Inspector General shall provide the affected person or entity a copy
of the report or recommendation and such person or entity shall have 15 working days to
submit a written explanation or rebuttal of the findings before the report or recommendation
is finalized, and such timely submitted written explanation or rebuttal shall be attached to
the finalized report or recommendation. The requirements of this subsection (f) shall not
apply when the Inspector General, in conjunction with the State Attorney, determines that
supplying the affected person or entity with such report will jeopardize a pending criminal
investigation.
(h) Reporting. The Inspector General shall annually prepare and submit to the Mayor and City
Commission a written report concerning the work and activities of the Office including, but
not limited to, statistical information regarding the disposition of closed investigations,
audits and other reviews. The audit report shall be filed within thirty (30) days from the end
of the third quarter of the fiscal year.
(i) Removal. The Inspector General may be removed from office upon the affirmative vote of
four -fifths (4/5) of the City Commission."
*
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy i ng III, C y -ttor
4/16/2024 e, ge Wy ng III, C y -ttor 10/1/2024
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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.
City of Miami File ID: 15913 (Revision: A) Printed On: 10/30/2024