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Home My WebLink AboutR-17-0320City of Miami Resolution R-17-0320 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2049 Final Action Date: 7/13/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") BY AMENDING SECTION 48(D) OF THE CHARTER, ENTITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL/STAFFING", TO PROVIDE THE INDEPENDENT AUDITOR GENERAL EXCLUSIVE SUPERVISORY AUTHORITY OVER EMPLOYEES OF THE OFFICE OF INDEPENDENT AUDITOR GENERAL; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 7, 2017; 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 FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Commissioner Frank Carollo WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature in 1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter"); and WHEREAS, the Charter has been amended from time to time as the governance of the City has evolved; and WHEREAS, the City Commission believes the proposed amendment to Section 48 of the Charter providing that the Independent Auditor General shall have exclusive supervisory authority over employees of the Office of Independent Auditor General ("OIAG") ensures the independence of the OIAG; and WHEREAS, the proposed amendment to Section 48 of the Charter shall become effective upon being approved by the electorate at the Referendum Special Election to be held concurrently with the Municipal General Election scheduled for November 7, 2017; and WHEREAS, the City Commission wishes to submit the above -mentioned proposed amendment to the electorate for approval or disapproval at the Referendum Special Election to be held concurrently with the Municipal General Election scheduled for November 7, 2017; City of Miami Page 1 of 5 File ID: 2049 (Revision: A) Printed On: 3/24/2025 File ID: 2049 Enactment Number: R-17-0320 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. Section 48 of the Charter, entitled "Office of Independent Auditor General", is proposed to be amended in the following particulars:1 "CHARTER AND RELATED LAWS SUBPART A. THE CHARTER Sec. 48. Office of independent auditor general * * * (d) Staffing. The Office of Independent Auditor General shall be staffed by such professional assistants and support personnel as shall be designated by the IAG and as are approved in the city's annual budget, as may be amended from time to time by the City Commission. The IAG shall be the supervisor for all auditors and support personnel employed by the Office of the Independent Auditor General. The IAG shall have exclusive authority regarding, but not limited to, appointment/hiring, removal, and salary as to all employees of the Office of Independent Auditor General. * * *„ Section 3. In accordance with the provisions of the Charter, as amended, §6.03 of the Miami -Dade County Home Rule Charter, and Section 2-112 of the Code of the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 7, 2017, a Referendum Special Election will be held concurrently with the Municipal General Election for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the measure. Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to 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 general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Referendum Special 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 Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is all voter information cards, registration books, records, and certificates pertaining to electors of the City and established and maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the laws of the State, are adopted and declared to be and shall hereafter be 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 Page 2 of 5 File ID: 2049 (Revision: A) Printed on: 3/24/2025 File ID: 2049 Enactment Number: R-17-0320 recognized and accepted as, official voter information cards, registration books, records, and certificates of the City. Section 5. In compliance with Section 100.342, Florida Statutes, the City Clerk is 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, which notice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 7, 2017 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 17-0320 A Referendum Special Election will be held on Tuesday, November 7, 2017 from 7:00 A.M until 7:00 P.M. in the City of Miami, Florida at the polling places in the several Referendum Special Election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida as set forth herein unless otherwise provided by law and submitting to the qualified electors of the City of Miami, Florida, the following question: Shall Section 48 of the Charter be amended to provide the Independent Auditor General ("IAG") exclusive supervisory authority over employees of the Office of IAG ("OIAG")? This amendment ensures that the OIAG will continue to be free from interference or undue influence by City administration in the selection, appointment, and employment of OIAG staff. The amendment allows the OIAG to continue to form independent and objective opinions and conclusions in their audit and investigative work. This Charter Amendment will amend Charter Section 48 of the Charter of the City of Miami, Florida, as amended, entitled, "Office of Independent Auditor General," to provide the Independent Auditor General to have exclusive supervisory authority over employees of the OIAG. By order of the Commission of the City of Miami, Florida. Section 6. The official ballot to be used at said Referendum Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to use of the mechanical voting mechanics or the Computer Election System and shall be in substantially the following form: "Official Ballot" Referendum Special Election Tuesday, November 7, 2017 for Approval or Disapproval of the Following Question: City of Miami Page 3 of 5 File ID: 2049 (Revision: A) Printed on: 3/24/2025 File ID: 2049 Enactment Number: R-17-0320 Charter Amendment providing Independent Auditor General ("IAG") exclusive supervisory authority over Office of IAG employees. Shall Section 48 of the Charter be amended to provide the Independent Auditor General ("IAG') exclusive supervisory authority over employees of the Office of IAG ("OIAG")? This amendment ensures that the OIAG will continue to be free from interference or undue influence by City administration in the selection, appointment, and employment of OIAG staff. The amendment allows the OIAG to continue to form independent and objective opinions and conclusions in their audit and investigative work. YES NO Section 7. The form of the ballot shall be in accordance with requirements of general election laws. Electors desiring to vote in approval of the Question described above shall be instructed to vote their selection next to the word "YES" within the ballot frame containing the statement relating to the Question. Electors desiring to vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the ballot frame containing the statement relating to the Question. Once individuals are satisfied with their choice, they shall press the "Vote" button and the ballot shall be cast. Section 8. The City Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 9. All qualified Electors of the City shall be permitted to vote in the Referendum Special Election and the Supervisor of Elections of Miami -Dade County, Florida is requested, authorized, and directed to furnish, at cost and expense of the City, a list of all qualified electors residing in the City 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 Referendum Special 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 concurrently with the Municipal General Election on November 7, 2017 and who have not registered under the provisions of the general laws of the State 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 2700 Northwest 87th Avenue, Doral, Florida within such period of time as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the City of Miami Page 4 of 5 File ID: 2049 (Revision: A) Printed on: 3/24/2025 File ID: 2049 Enactment Number: R-17-0320 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 Referendum Special Election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. Todd B. Hannon, the City Clerk of the City, is designated and appointed as the official representative of the City Commission in all transactions with the Supervisor of Elections of Miami -Dade County, Florida related to matters pertaining to use of the registration books and 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 date of the Referendum Special Election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 9/5/2017 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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. City of Miami Page 5 of 5 File ID: 2049 (Revision: A) Printed on: 3/24/2025