HomeMy WebLinkAboutSubmittal-City Attorney-MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
Submitted into the public
record or it m(s) rte .. g
on City Clerk
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, Acting City Atry
DATE: April 17, 2024
RE: Substitution of RE.5 on the April 25, 2024, City Commission Meeting
Resolution Approving, Setting Forth, and Submitting to the Electorate a
Proposed Amendment to the Charter Creating the Office of the Inspector
General
File No.: 15509
Item RE.5 on the April 25, 2024, City Commission Meeting Agenda approves,
sets forth, and submits to the electorate a proposed amendment to the City Charter to
create the Office of the Independent Inspector General. When the item was placed on the
City Commission Meeting Agenda, the Sponsor was inadvertently requested to be listed
as the City Commission instead of the District 4 City Commissioner, Manolo Reyes. The
Legislation is being substituted to reflect the correct Sponsor.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
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15509 S(67,,Ia
City of Miami
City Hall
3500 Pan American Drive
Resolutionshmitted into the public Miami, FL 33133
recorfor i em(s,Q <� www.miamigov.com
Legislations ?S. a City Clerk
File Number: 15509 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A
PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CHARTER"), KNOWN AS CHARTER AMENDMENT
NO. 2; CREATING SECTION 52 OF THE CHARTER, TITLED "OFFICE OF
INDEPENDENT INSPECTOR GENERAL," TO CREATE THE OFFICE OF THE
INDEPENDENT INSPECTOR GENERAL AND TO PROVIDE FOR ITS
PURPOSE, POWERS, AND DUTIES; FURTHER AMENDING SECTION 4 OF
THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND
ELECTION," TO PROHIBIT POLITICAL INTERFERENCE; FURTHER
AMENDING SECTION 20 OF THE CHARTER, TITLED "DIRECTORS OF
DEPARTMENTS," TO PROVIDE FOR THE APPOINTMENT OF THE
INDEPENDENT INSPECTOR GENERAL BY THE CITY COMMISSION; AND
FURTHER AMENDING SECTION 36 OF THE CHARTER, TITLED "CIVIL
SERVICE," TO PROVIDE THAT EMPLOYEES EMPLOYED BY THE CITY AND
WORKING WITHIN THE OFFICE OF THE INDEPENDENT INSPECTOR
GENERAL ARE UNCLASSIFIED; CALLING FOR A REFERENDUM AND
PROVIDING THAT THE CHARTER AMENDMENT NO.2 WILL BE SUBMITTED
TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE
HELD CONCURRENTLY WITH THE PRIMARY ELECTION SCHEDULED FOR
AUGUST 20, 2024; 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 O €ka',
ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY- s''°f
FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; PROVIDINGAN
IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature c� 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 Charter presently does not provide for an Office of Inspector General;
and
WHEREAS, an amendment of the Charter to create an Office of Inspector General will
provide for more transparency and accountability in government; and
City of Miami Page 1 of 8 File ID: 15509 (Revision:) Printed On: 4/17/2024
File ID: 15509 Enactment Number:
WHEREAS, it is in the interest of the citizens of Miami to have an independent Office of
the Inspector General to investigate City and City -funded contracts, programs and projects for
abuse, waste and mismanagement; 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 Primary Election scheduled for August 20, 2024;
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. In accordance with the provisions of Section § 6.03 of the Miami -Dade
County Home Rule Charter, a Referendum Special Election is to be called and directed in the
City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on August 20, 2024, for the purpose of
submitting to the qualified electors of the City for their approval or disapproval of the proposed
Charter Amendment for the creation of the Office of Independent Inspector General as stated
herein.
Section 3. Section 4 of the Charter is proposed to be amended in the following
particulars:1
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"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA:*
SUBPART A. THE CHARTER - ;}
Sec. 4. Form of government; nomination and election.
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(d) City commission to be judge of its own elections; neither mayor nor city
commission nor any committees nor members thereof to dictate appointments by or
interfere with city manager. The city commission shall be the judge of the election and
qualifications of the mayor and its own members, subject to review by the courts. Neither
the mayor nor the city commission, nor any committees nor members thereof shall
direct, request, take part in or dictate the appointment or removal of any person in office
or employment by the city manager or subordinates or in any manner interfere with the
city manager or prevent the city manager from exercising his/her own judgment in the
appointment of officers and employees in the administrative service. Except for the
purpose of inquiry and as may be necessary as provided in section 14, the mayor, the
city commission, any committees and members thereof shall deal with the administrative
service solely through the city manager, and neither the mayor nor the city commission,
nor any committees nor members thereof shall give orders to any of the subordinates of
the city manager, city attorney, city clerk, Independent Inspector General, and
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.
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File ID: 15509 Enactment Number:
independent auditor general, either publicly or privately. Any such dictation, prevention,
orders or other interference or violation of this section on the part of the mayor or a
member of the city commission or committees shall be deemed to be violation of the
Charter, and upon conviction before a court of competent jurisdiction any individual so
convicted shall be subject to a fine not exceeding five hundred dollars ($500.00) or
imprisonment for a term of not exceeding sixty days or both, and in the discretion of the
court shall forfeit his or her office. Any willful violation of the provisions to this section by
the mayor or any city commissioner shall be grounds for his or her removal from office
by an action brought in the Circuit Court by the state attorney of this county.
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Section 4. Section 20 of the Charter is proposed to be amended in the following
particulars:1
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
*
Sec. 20. Directors of departments.
The city manager shall appoint a director for each department and, in the city manager's
discretion, may consolidate two departments under one director. Each such director
shall serve until removed by the city manager or until a successor has been appointed
and qualified, shall conduct the affairs of his or her department in accordance with rules
and regulations made by the city manager, shall be responsible for the conduct of the
officers and employees of his or her department, for the performance of its business,
and for the custody and preservation of the books, records, papers and property under
its control, and, subject to the supervision and control of the city manager in all matters,
shall manage the department. None of the provisions of this section, however, shall be
applicable to the department of law, city clerk, Office of the Independent Inspector
General, or office of independent auditor general."
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Section 5. Section 36 of the Charter is proposed to be amended in the following ;
particulars:1 _''1
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
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Sec. 36. Civil service.
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(c) Unclassified and classified service. The civil service of the city is hereby divided
into the unclassified and the classified service.
(1) The unclassified service shall include:
(A) The city manager, his or her assistants, and secretarial staff;
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(B) The heads of departments, members of appointive boards, judges
of the city court, the city clerk, chief of police, chief of fire division, and the
superintendent of communications division;
(C) Assistants to department heads:
Assistant chiefs of the police division;
All ranks in the police division above the classified position of
police captain;
Assistant chiefs of the fire division;
Chief of fire prevention;
Director of training in the fire division;
Battalion chiefs;
Chief of fire rescue;
Assistant to the superintendent of the division of communications;
Director of corrections.
(D) All attorneys employed by the city. The city attorney shall be the
supervisor of all attorneys employed by the city. The city attorney shall have
exclusive authority regarding, but not limited to appointment, removal and salary
as to assistant city attorneys. The foregoing provisions of subsection (D) shall not
apply to those attorneys in the classified service of the city on November 1, 1972.
Attorneys with permanent civil service rights appointed by the city
attorney to any applicable unclassified position above, shall retain civil service
rights in the position from which selected as may have accrued.
(E) All employees employed by the City and working within the Office
of the Independent Inspector General and the Office of the Independent Auditor
General.
Personnel with permanent civil service rights appointed by the city :.1=',�
manager to unclassified positions shall retain said civil [service] rightsiri the:A) r°'i
position from which selected as may have accrued.
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Section 6. Section 52 of the Charter is proposed to be created in the following co
particulars:1
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
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File ID: 15509 Enactment Number:
Sec. 52. Office of independent inspector general.
There is hereby created and established an Office of the Independent Inspector
General. The Inspector General shall head the Office of the Inspector General.
The minimum qualifications, term, powers, duties and responsibilities of the
Inspector General as well as the organization of the Office of the Inspector
General shall be set forth by Ordinance. Such Ordinance shall, at a minimum,
provide that: (1) the Office of the Independent Inspector General be sufficiently
independent to assure that no interference or influence external to the Office
adversely affects the independence and objectivity of the Inspector General; (2)
the Office of the Independent Inspector General be empowered to perform
investigations, audits, reviews and oversight of City contracts, programs,
projects, abuse, waste and mismanagement as well as City -funded contracts,
programs and projects; (3) the Office of the Inspector General be empowered to
provide inspector general services to other City agencies and authorities upon
the approval of a request to provide such services by a majority of the of City
Commission; and (4) The Inspector General will have the power to issue
subpoenas."
Section 7. 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 "A" or as may be designated by the Supervisor of Elections of Miami -Dade
County, Florida ("Supervisor"), in conformity with the provisions of the 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 provisions of the general laws of the State, are hereby adopted and declared
to be, and shall hereafter be recognized and accepted as, official registration cards, books,
records and certificates of the City.
Section 8. In compliance with Section 100.342, Florida Statutes (2023), the City Clerk is
authorized and directed to publish notice of the adoption of this 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: �r'I
"NOTICE OF REFERENDUM SPECIAL ELECTION
TO AMEND THE MIAMI CITY CHARTER TO BE HELD -,, "?
TUESDAY, AUGUST 20, 2024
IN THE CITY OF MIAMI, FLORIDA: �{
PURSUANT TO RESOLUTION NO. R- ,' N
A Referendum Special Election will be held on Tuesday, August 20, 2024, 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 Supervisor of
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Elections 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:
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SHALL THE CITY CHARTER BE AMENDED TO CREATE AN
INDEPENDENT OFFICE OF INSPECTOR GENERAL WHO SHALL, AT A
MINIMUM, BE EMPOWERED TO PERFORM INVESTIGATIONS, AUDITS,
REVIEWS AND OVERSIGHT OF ALL CITY OFFICIALS, EMPLOYEES, AND
DEPARTMENTS, CITY FUNDED CONTRACTS, PROGRAMS, AND
PROJECTS FOR ABUSE, WASTE AND MISMANAGEMENT, ISSUE
SUBPOENAS, AND PROVIDE SERVICES TO OTHER CITY AGENCIES
AND AUTHORITIES, WITH SUCH OFFICE'S TERM, POWERS, DUTIES
AND RESPONSIBILITIES TO BE FURTHER ESTABLISHED BY
ORDINANCE?
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This Charter Amendment will create Section 52 of the Miami Charter to create
the Office of the Independent Inspector General, amend Section 4 of the Miami
Charter to prohibit political interference, amend Section 20 of the Miami Charter
to provide for the appointment of the Independent Inspector General by the City
Commission, and amend Section 36 of the Miami Charter to provide that
employees employed by the City of Miami and working within the Office of the
Independent Inspector General are unclassified.
By order of the Commission of the City of Miami, Florida.
Section 9. 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 the use of
the mechanical voting machines or the Computer Election System, and shall be in substantially
the following form: "Official Ballot" Referendum Special Election Tuesday, August 20, 2024, for
Approval or Disapproval of the following question:
Shall the Charter be amended to create the Office of Independent Inspector General?
"Shall the City Charter be amended to create an -
Independent Office Of Inspector General who shall,
at a minimum, be empowered to perform
investigations, audits, reviews and oversight :of all
City officials, employees, and departments, City
funded contracts, programs, and projects for abuse,
waste and mismanagement, issue subpoena , and.
provide services to other City agencies and: -
authorities, with such office's term, power -duties
and responsibilities to be further established by
ordinance?"
YES
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File ID: 15509 Enactment Number:
NO
Section 10. The form of the ballot shall be in accordance with the 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 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 containing the statement
relating to the Question.
Section 11. The City Clerk shall cause to be prepared vote -by -mail ballots containing
the Question set forth in Section 9 above for the use of vote -by -mail electors entitled to cast
such ballots in said Referendum Special Election.
Section 12. All qualified electors of the City shall be permitted to vote in said
Referendum Special Election and the Supervisor of Elections of Miami -Dade County, Florida, is
hereby requested, authorized, and directed to furnish, at the 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 13. For the purpose of enabling persons to register who are qualified to vote in
said Referendum Special Election on Tuesday, August 20, 2024, 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, Miami, Florida,
within such period of time as may be designated by the Supervisor. In addition to the above
place and times, qualified persons may register at such branch offices and may also register to
vote online for the purpose of voting in the herein described Referendum Special Election during
such times and on such dates as may be designated by the Supervisor.
Section 14. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his duly
appointed successor, is hereby designated and appointed as the official representative of the
Commission of the City of Miami, Florida, in all transactions with the Supervisor related to
matters pertaining to the use of the registration books and the holding of said Referendum
Special Election.
Section 15. The City Clerk shall deliver a certified copy of this Resolution to the
Supervisor not less than forty-five (45) days prior to the date of the Referendum Specia=
Election.
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Section 16. This Resolution shall become effective immediately upon its adoption arid ` si
signature of the Mayor.2
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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.
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Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
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George K. Wysong III, ActingCityvAttorney 4/16/2024 5 5
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