HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: June 28, 2018
RE: Proposed amendment to Chapter 2/Article 111 of the Code of the City of
Miami, Florida, as amended, presented to the City Commission for
consideration.
File No. 3701
The attached proposed legislation amends Chapter 2/Article III of the Code of the
City of Miami, Florida, as amended ("City Code"), entitled "Administration/Officers," by
updating language concerning the City Manager, City Attorney, Independent Auditor
General, and City Clerk to comply with current legal standards and practices;
establishing a new Section 2-65 of the City Code, entitled "public records"; deleting in its
entirety Section 2-143 of the City Code, entitled "City Archives and Records
Management Program"; deleting in its entirety Chapter 2/Article III/Section 2-89 of the
City Code, entitled "Administration/Officers/Severance pay for executive employees;
Attachment(s)
VM/BLM
cc: Emilio T. Gonzalez, City Manager
Anna Medina, Agenda Coordinator
City of Miami File ID: 3701 (Revision: A) Printed On: 4/1/2025
City of Miami
Legislation
Ordinance
Enactment Number :13770
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 3701 Final Action Date:6/28/2018
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"), ENTITLED "ADMINISTRATION/OFFICERS," BY RENUMBERING
AND UPDATING LANGUAGE CONCERNING THE CITY MANAGER, CITY
ATTORNEY, INDEPENDENT AUDITOR GENERAL, AND CITY CLERK TO COMPLY
WITH CURRENT LEGAL STANDARDS AND PRACTICES; ESTABLISHING A NEW
SECTION 2-65 OF THE CITY CODE, ENTITLED "PUBLIC RECORDS"; DELETING IN
ITS ENTIRETY CHAPTER 2/ARTICLE III/SECTION 2-89 OF THE CITY CODE,
ENTITLED "ADMINISTRATION/OFFICERS/SEVERANCE PAY FOR EXECUTIVE
EMPLOYEES"; DELETING IN ITS ENTIRETY SECTION 2-143 OF THE CITY CODE,
ENTITLED "CITY ARCHIVES AND RECORDS MANAGEMENT PROGRAM";
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, portions of Chapter 2/Article III of the Code of the City of Miami, Florida, as
amended ("City Code") were last amended in 2012 while others have not been amended since
1980; and
WHEREAS, laws, standards, and practices have changed over the last three (3)
decades; and
WHEREAS, the City Code currently has some sections in the incorrect place; and
WHEREAS, Chapter 2/Article III of the City Code should be amended to comply with
current legal standards and practices;
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:
"CHAPTER 2
ADMINISTRATION
ARTICLE III. OFFICERS
DIVISION 1. GENERALLYCITY MANAGER
City of Miami File ID: 3701 (Revision: A) Printed On: 4/1/2025
Secs. 2-61 2 85. Reserved.
DIVISION 2. CITY MANAGER
Sec. 2 86. Powers and duties in general.
The city manager shall be appointed pursuant to and shall have the powers and duties
enumerated in the laws of the state, the city Charter, and this Code and other city ordinances.
Sec. 2-8762. Assistant city manager and administrative assistant to the city manager —Positions
created.
city manager are hereby created and estahrched. The City Manager shall employ such number
of Assistant City Managers and administrative assistants necessary for the City Manager to
perform his/her duties as required by the laws of the state, the City Charter, and this Code.
Sec. 2 88. Same Powers and duties.
The duties and services to be performed by the assistant city manager and the
administrative assistant to the city manager shall be such duties and services as may be
assigned to them by the city manager.
Sec. 2 89. Severance pay for executive employees.
{a)
The city manager may, subject to review and approval as to legal sufficiency by the city
who hold executive status, if the severance pay represents the settlement of an
employment dispute. Severance pay shall not be given if:
{1) The employee voluntarily resigns;
{2) The employee retires; or
{3) The employee is terminated for cause.
(b) As used in this subsection, the term "severance pay" means the actual or constructive
compensation, including salary, and benefits, for employment services yet to be rendered
which is provided to an employee who has recently been or is about to be terminated. The
term does not include compensation for earned and accrued annual, sick, compensatory, or
administrative leave.
{c) Severance pay authorized under this section may be granted based on the employee's
length of service but shall not exceed the following:
{1) Less than 12 months of service: None.
{2) Twelve months to 24 months of service: Up to a maximum of 15 working days' salary.
{3) More than 24 months of service: Up to a maximum of six weeks salary.
(d) Receipt of severance pay is contingent upon the effected employee's execution of an
acknowledgment, waiver and rcl ace agreement in a form acceptable to the city attorney.
Secs. 2 90 2 110. Reserved.
DIVISION 32. - CITY ATTORNEY
Sec. 2-11163. Supervision and control of attorneys employed by city.
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(a) All attorneys at law retained or employed by the city including all boards, authorities, and
agencies, regardless of the nature or kind of service performed or the title or designation
under which t#ey such attorney renders legal service for the city, are hereby placed under
the direct supervision and control of the taw departmentCity Attorney.
(b) The City Attorney may engage such outside counsel necessary to ensure compliance with
the Rules Regulating The Florida Bar.
(14c) The mayor may engage special counsel for the specific purpose of providing advice to the
mayor and 1+s the Mayor's office. The compensation and funding for such engagement
shall be subject to the advice and, consent, and approval of the city commission. Any
subsequent special counsel vacancy shall be filled in this manner and subject to the advice
an4 consent, and approval of the city commission.
Sec. 2-11264. Charter amendments, method of drafting; approval by city commission;
submission to electorate.
(a) The city attorney shall draft, with the assistance of any individual the city attorney deems
necessary, a Charter amendment within 120 days after the city commission adopts a
resolution directing the city attorney to prepare such amendment or after the certification of
a petition of ten percent (10%) of the qualified electors of the City of Miami requesting such
amendment.
(b) The Charter amendment drafted by the city attorney shall be approved in final form by the
city commission in a resolution calling for a special election upon the amendment. The
resolution calling for the special election shall include the text of the amendment draft
approved by the city commission; and such draft shall be deemed submitted to the
electorate by the adoption of said resolution.
(c) A special election upon said amendment shall occur not less than 60 nor more than 120
days after the draft is submitted.
Sec. 2-65. Public Records.
(a) The City Attorney shall act as the Public Records Coordinator for all public records
requests submitted to the City.
(b) For purposes of this Section, the following definitions shall apply:
(1) "Exemption" means a provision of general law which provides that a specified record,
or portion thereof, is not subject to the access requirements of Section 119.07(1) or
Section 286.011 of the Florida Statutes, as amended, or Section 24, Article I of the
Florida Constitution.
(2) "Public Records" means any and all documents, papers, letters, maps, books, tapes,
photographs, sound recordings, data processing software, or other material,
regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official
business of the City.
(c) In accordance with the provisions of Section 119.07, Florida Statutes, as may be
amended or revised from time to time, with respect to public records requests, the City is
permitted and may charge the following fees:
(1) The City may collect a "per copy" fee or the actual cost for materials and supplies
used to duplicate public records as established in Section 119.07, Florida Statutes,
as may be amended or revised from time to time.
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(2) The City may charge an "extensive use fee" whenever extraordinary time constraint
is designated by the person requesting copies or research of public records requiring
extraordinary expenditure of time by the applicable records custodian. To comply
with the request, the records custodian may collect the cost of providing such
extraordinary services (i.e. the "extensive use fee") in advance and in addition to the
fees set forth in this Section. For purposes of this Section, "extraordinary expenditure
of time" shall mean twenty (20) minutes or more. The extensive use fee shall be
calculated using the hourly wage of the employee performing such services and shall
not exceed the amounts permitted by law.
(3) For the certification of any public record, the City may collect a fee of $1.00 for each
document certified plus the maximum fee(s) as provided pursuant to Florida Statutes
for duplication of the public record.
(d) All City officials and department directors shall:
(1) Manage all record management functions within their respective departments and
act in close coordination with the City Attorney.
(2) With the advice and assistance of the City Attorney, inventory all public records for
disposition scheduling and transfer action in accordance with all applicable laws.
(3) Consult with any other personnel responsible for creation or maintenance of specific
records within his/her department regarding records retention and transfer
recommendations.
(4) Review established record retention schedules at least annually to ensure
compliance.
(e) City officials and City department directors shall annually certify and file with the City
Clerk the departmental/office records disposition compliance authorization form provided
by the City Clerk within seven (7) days after the end of each fiscal year. The foregoing
procedure is established to ensure compliance with the provisions of Sections
119.041(1) and 257.36(6), Florida Statutes, as may be amended or revised from time to
time, and Rule 1B-24.002, Florida Administrative Code, as may be amended or revised
from time to time.
DIVISION 3 — INDEPENDENT AUDITOR GENERAL
Sec. 2-66. Appointment, qualifications of the independent auditor general.
The City Commission shall appoint an Independent Auditor General ("IAG") pursuant to
Section 48(b) of the City Charter. The IAG shall be qualified by education and have broad
experience in auditing, accounting, and management.
Sec. 2-67. Duties and powers of the independent auditor general.
(a) The IAG, subject to the control and direction of the City Commission, pursuant to Section
48(c) of the City Charter, and upon requests from the City Manager or any elected official
shall be empowered to perform all internal audit functions.
(b) The IAG shall file written reports pursuant to Section 48(c) of the City Charter with the City
Commission reporting the results of individual audits undertaken in conformity with this
Section with copies to the Mayor, City Manager, and City Attorney. Said reports shall, at a
minimum, state:
(1) The subject of the audit;
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(2) The findings of the audit; and
(3) The recommendations for action as a result of the audit, if any.
(c) The IAG shall file the annual audit report within thirty (30) days from the end of the third
quarter of the fiscal year.
Sec. 2-68. Staffing.
The IAG shall employ 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. All employees of the IAG are placed under the direct
supervision and control of the IAG.
Sec. 2-69. Operating procedures and responsibilities.
Audits to be performed by the IAG shall be requested by the City Commission, any member
of the City Commission, the Mayor, the City Manager, the City Attorney, or the City Clerk at a
public meeting. The City Commission may, by majority vote, direct the IAG not to conduct any
such requested audit.
Sec. 2-70. Special assignments.
The IAG, subject to specific authorization and direction by the City Commission, is
authorized to execute special audits and assignments in matters not expressly set forth herein
including, but not limited to:
(a) Assistance to any independent auditor of the City; and
(b) Cooperation with the City's Audit Advisory Committee.
Secs. 2-71 - 2-140. Reserved.
DIVISION 4. CITY CLERK
Sec. 2-141. Recordation and indexing of ordinances.
The city clerk shall procure a suitably bound book; in which 1ethe City Clerk shall record,
within ten (10) days after their passage, all ordinances adopted by the city commission, and ►e
the City Clerk shall make and keep a proper index to such ordinance book.
Sec. 2-142. Fees for copies of ordinances and other records.
(a) For the preparation and issuance of photocopies of resolutions, ordinances, and all other
official records of the city prepared and issued through the city clerk's office, the city clerk
shall collect the maximum fee as provided in state by law.
(b) For the preparation and issuance of copies of resolutions, ordinances, and all other official
records on microfilm, the city clerk shall collect the maximum fee as provided in state y
law.
(c) For the service of duplicating cassette tapes from original tapes used by the city clerk in the
voice recording of city commission meetings, the city clerk shall collect a fee as provided +e
stato by law for such service, provided the person requesting such service furnishes his or
her own cassette; if the city clerk furnishes the cassette, -he the City Clerk shall collect a fee
City of Miami File ID: 3701 (Revision: A) Printed On: 4/1/2025
of $8.50. For the service of duplicating digital voice recordings in compact disc form of city
commission proceedings, the city clerk shall collect a fee not greater than $15.75 to cover
the costs associated with providing such service.
(d) For the certification of any document, the city clerk shall collect a fee of $1.00 for each
document certified; plus the maximum fee(s) as provided pursuant to Florida Statutes for
duplication of the public record.
to public records requests, the city is permitted and shall charge an "extensive research
fee" whenever extraordinary time constraint is designated by the person requesting copies
or research of public records, requiring extraordinary expenditure of time by the city clerk's -
office or other city department acting as records custodian. To comply with the request, the
city clerk or other city department acting as records custodian, shall collect the cost of
providing such extraordinary services (i.e. the "extensive research fee") in advance and in
of this section "extraordinary expenditure of time" shall mean twenty minutes or more. The
performing such services.
Sec. 2 1/13. City archives and records management program.
{a) Short title; purpose. The "City of Miami archives and records management program" is
historically valuable records.
(b) Definitions: The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
d ifforeaning:
Archival records means those public records, manuscripts and other records which
document the origin and history of the government of the City of Miami and the development of
its departments which are worthy of permanent preservation and administration because of their
importance.
City clerk means the city clerk of the City of Miami, Florida, or his/her duly designated
representative, who has primarily supervisory authority over the records management program.
City records center means a central repository for storage of inactive public records.
Inactive records means those records no longer required to be active in office areas, but
circumstances.
Maintenance of public records means the creation, maintenance, protection, use and
disposition of public records belonging to the City of Miami, Florida, including the establishment
and maintcnancc of a systcm of filing and indexing public records.
Public records means all documents, papers, electronic records, letters, maps, books,
characteristics, made or received pursuant to law or ordinance or in connection with the
transaction of official busine-s by any officer, employee, official representative, or appointed
board/committee member of the City of Miami.
Sensitive records means those records dealing with secret, clarified, or delicate
government matters.
Vital records means those records which contain information essential to the continuity of
replaced.
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{c) Custodianship of public records. Custodianship of public records shall be the responsibility
on the life cycle of each document. Members of the city commission and the mayor shall
upon leaving office ensure that all public records including electronic files required in the
current operation of the office remain accessible and in their respective offices and shall
transfer possession of such premises and all public records by delivering keys to the city
acccptancc, thc archivcs shall be considered the legal custodial site of such records.
(d) Duties of city officials and employees. It shall be the responsibility of a city employee,
under the direct supervision of the city clerk, to administer the city archives and records
the proper and efficient management of the public records of the city, shall:
{1) Develop and circulate such rules and regulations as may be necessary and proper to
implement and maintain the archives and records management program.
{2) Provide and maintain the city records center to house and preserve records.
preparation of records inventory and destruction schedules.
{'I) Approve destruction schedules before disposition of public records.
systems.
{6) Identify and ensure the preservation of city archival records.
{7) Provide for and direct appropriate city personnel to ensure the sound management of
archival records and their availability to the pi blip
{8) Ensure adequate security is provided to protect vital records.
{e) Duties of city departments, the mayor and city commission offices.
{1) Each city department, the mayor and city commission offices shall create and
maintain all of its records with adequate and proper documentation of its organization,
policies decisions procedures and essential transactions
{2) Each city department, the mayor and city commission offices, with the advice of the
city clerk's office, shall establish and maintain an active, continuing program for the
cconomical and cfficicnt managcmcnt of thc rccords of the department. Such
programs shall provide for:
a. Effcctivc controls ovcr thc crcation, maintenance, and use of records in the
conduct of business.
{3)
{'1)
b. Cooperation with the city clerk's office in applying standards, procedures, and
techniques designed to improve the management of records.
c. Segregation and disposal of records of temporary value in accordance with
cstablishcd rctcntion schcdules.
Those public records which are not required in the current operation of the office
shall be transferred to the city records center in order that the historical records of the
permanent preservation or approved for destruction as the case magi be
City officials and city department directors shall:
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{5)
a. Managc all rccord management functions within their respective departments and
as#-i-n Giese coordination with the city clerk's office.
b. With the advice and assistance of the city clerk's office, inventory all public records
for disposition scheduling and transfer action in accordance with procedures
prescribed by law or with rules promulgated by the city clerk's office.
c. Consult with any other personnel responsible for creation or maintenance of
specific records within his/her department regarding records retention and transfer
recommendations.
d. Review established record retention schedules at least annually to ensure they
are complete and current.
City officials and city department directors shall annually certify and file with the city
clerk the departmental/office records disposition compliance authorization form
provided by the office of the city clerk within seven days after the end of each fiscal
year. The foregoing procedure is established to ensure compliance with the provisions
time -to and R e 1 B .0�2Florida 4dministrativo Code as magi be amended or
revised from time to time.
Secs. 2-1443 - 2-180. Reserved.
DIVISION 13. OFFICE OF INDEPENDENT AUDITOR GENERAL
Sec. 2 526. Responsibility of the independent auditor general.
Notwithstanding any provision in the Code to the contrary, the office of Independent Auditor
General (IAG) shall perform, in addition to the duties specified in the City Charter, section 18,
Sec. 2 527. Appointment, qualifications of the independent auditor general.
The city commission shall appoint the IAG pursuant to City Charter, section 48(b), who shall
management.
Sec. 2 528. Duties and powers of the independent auditor general.
{a) The IAG, subject to the control and direction of the city commission, as provided by the
City Charter, section 18(c), and upon requests from the mayor or the city manager, shall be
cmpowcrcd to perform all intcrnal audit functions.
{b) The IAG shall file written reports, in accordance with the City Charter, section 48(c), with
the city commission reporting the results of individual audits undertaken in conformity with
the above direction. The city commission may authorize a copy of the written reports to the
city manager. Said reports shall, at a minimum, state:
{1) The subject of the audit;
{2) The findings of the audit; and
{3) The recommendations for action as a result of the audit, if any.
{c) The IAG shall file the annual audit report within 30 days from the end of the third quarter of
the current fiscal year.
Sec. 2 529. Staffing.
City of Miami File ID: 3701 (Revision: A) Printed On: 4/1/2025
The IAG shall be staffed by such professional assistants and support personnel as shall be
from time to time by the city commission.
Sec. 2 530. Operating procedures and responsibilities.
member of the city commission at a city commission meeting
(b) Audits to be performed by the IAG of any city department and or program may be
requested by the mayor, with the consent of the city commission. The request by the mayor
shall be madc at city commission meetings.
performed by the IAG, of any department they respectively supervise. Prior to conducting
such an audit:
{1) The requestor(s) of such audit(s) shall cause the request(s) to appear on the next
schedi sled city commission meeting agenda• and
{2) The audit request(s) shall be deemed approved by the city commission, unless a
motion to the contrary is raised by a city commissioner, followed by a majority vote to
decline the reguest(s).
Sec. 2 531. Special assignments.
The IAG si ibiect to specific ai ithorization and direction bpi the city commission is
T ,
authorizcd to cxccutc spccial audits and assignments in matters not expressly set forth herein
including, but not limited to:
{1) Assistance to any independent auditor of the city; and
{2) Cooperation with the city audit advisory committee.
Secs. 2-53226 - 2-555. Reserved.
*„
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.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
ey
3/12/2018
ndez, City ttor ey 4/30/2018
1 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: 3701 (Revision: A) Printed On: 4/1/2025