HomeMy WebLinkAboutMemo - Mayor Francis SuarezFRANCIS SUAREZ
MAYOR
TO:
FROM:
Date:
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Office of the Mayor
Miami, Florida
Veto and Veto Message
Honorable Members of the City Commission
Miami, Florida
Mayor Francis Suarez "'{62
Miami, Florida
Monday, December 23, 2019
3500 PAN AMERICAN DRIVE
MIAMI, FLORIDA 33133
(305) 250-5300
FAX (305) 854-4001
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Pursuant to the authority vested in me under the provisions of 4(g)(5) of the Charter of Miami,
Florida, I hereby veto:
Resolution (R-19-0522)
Resolution directing the independent auditor general to investigate the accusations presented at the
December 12, 2019 City Commission meeting during the discussion of agenda item DI.5
January 9, 2020 Commission Meeting
Veto Message:
I exercise my right to veto the recent decision of the City of Miami Commission ("Commission"),
which directed the Independent Auditor General to investigate the accusations presented at the December
12, 2019 City Commission meeting. Under the auspices of a discussion item regarding code enforcement,
a Commissioner accused the City Manager of abusing his power by submitting an improper permit with the
City's building department. Without providing an opportunity for the City Manager to address these claims
(or even be present to face the accusations and the accusers), the Commission directed the Independent
Auditor General to investigate the accusations against the City Manager.
One of the main values enshrined in our constitution is separation of powers. The United States
Supreme Court decision of Marbury v. Madison, which is probably the single most important decision in
American constitutional law, recognized that determining constitutional authority inescapably involves
separation of power analysis. Here, the Commission — the same commission that raised the accusations
against the City Manager — controls the Independent Auditor General. For instance, the City Charter
requires that the Independent Auditor General report directly to the Commission, and the Commission
appoints the director of the office. Section 48(a) and (b). The Commission can suspend and remove the
director. Id. Finally, the Commission approves the professional assistants and support personnel in the city's
annual budget. Section 48(d).
The Commission seeks to act as judge, jury, and executioner. The Commission's actions to empower
the Independent Auditor General to investigate the accusations against the City Manager runs afoul of our
constitutional limits. Having concluded that it would not be in the best interest of the City of Miami or its
residents, I submit this veto.
Resmitted,
F ancis Suarez
Mayor
City of Miami
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