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HomeMy WebLinkAboutR-24-0154City of Miami Resolution R-24-0154 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15507 Final Action Date: 4/25/2024 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. 1; AMENDING SECTION 48 OF THE CHARTER, TITLED "OFFICE OF INDEPENDENT AUDITOR GENERAL," TO ELIMINATE THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL; FURTHER AMENDING SECTION 4 OF THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION," SECTION 20 OF THE CHARTER, TITLED "DIRECTORS OF DEPARTMENTS," AND SECTION 36 OF THE CHARTER, TITLED "CIVIL SERVICE," TO REMOVE REFERENCES THERETO; CALLING FOR A REFERENDUM AND PROVIDING THAT THE CHARTER AMENDMENT NO. 1 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 OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Commissioner Damian Pardo, Commissioner Manolo Reyes 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, it is intended that a separate question be presented to the electorate to approve the creation of the Office of an Independent Inspector General and to transfer duties of the Auditor General to the Office of Inspector General; and WHEREAS, the proposed amendment to Sections 4, 20, 36, and 48 of the Charter, eliminating the Office of Independent Auditor General, and references thereto, shall become effective upon being approved by the electorate at the Referendum Special Election to be held concurrently with the Primary Election scheduled for August 20, 2024; and City of Miami Page 1 of 8 File ID: 15507 (Revision: B) Printed On: 7/28/2025 File ID: 15507 Enactment Number: R-24-0154 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 elimination of the Office of Independent Auditor General as stated herein. Section 3. Section 4 of the Charter is proposed to be amended in the following particulars:' "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 4. Form of government; nomination and election. (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 and 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 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 8 File ID: 15507 (Revision: B) Printed on: 7/28/2025 File ID: 15507 Enactment Number: R-24-0154 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. *„ 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, or city clerk or office of independent auditor general." Section 5. Section 36 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. 36. Civil service. (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; (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; City of Miami Page 3 of 8 File ID: 15507 (Revision: B) Printed on: 7/28/2025 File ID: 15507 Enactment Number: R-24-0154 (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 Auditor General. Personnel with permanent civil service rights appointed by the city manager to unclassified positions shall retain said civil [service] rights in the position from which selected as may have accrued. *„ Section 6. Section 48 of the Charter is proposed to be amended in the following particulars:I "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 48. Off+^ -^dependent a +ter-gener-al Reserved. City of Miami Page 4 of 8 File ID: 15507 (Revision: B) Printed on: 7/28/2025 File ID: 15507 Enactment Number: R-24-0154 {a) Created; responsibility. There is hereby created the Office and position of Independent Auditor General to provide the City Commission with independent oversight of audit and analytical functions of the City. The Office of the Independent Auditor General shall report directly to the City Commission. (b) Appointment, qualifications and term of Independent Auditor General. The city commission shall appoint an auditor, who shall be a Certified Public Accountant, to serve as the director of the Office of the Independent Auditor General and to be known as the Independent Auditor General ("IAG"). At the time of appointment, the IAG shall have and maintain an active license, shall be public adminict n or in lieu of such degree shall have at lead five years urtv-uarrm�r rrvr�rrTr �r vrra" yr experience in p blic administ dshall haves efficient experience in governmental accounting and auditing praeticees. The initial appointment shall beginn I,n ,ar,i 1, 2000, a d shall en th the election n November 20 Thereafter Oho appointment shall be fnr a term of fo it ('1) years D firing Oho initial and any subsequent term, the IAG shall be subject to suspension and/or removal by the city commission for incompetence, neglect of duty, immorality, dr inkenness fails ire to obey orders given b y proper ai ithorit y or fnr env other just and reasonable cause. {c) Duties and powers. The IAG shall be responsible to provide independent oversight of ai edit fi inrtionc and fnr the performance of ci ch other d hies ac magi be -assigned th ty commiss1or ;member the cit„ em,iscio r—To the degree necessary to fulfill the responsibilities of the office, the IAG shall have the power and authority to: {1) 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 14G or as may be the administration. {2) Have free and unrestricted acce-s to city government employees, officials, records and reports and where appropriate, require all branches, departments, agencies and officials of city government e documents, files and othcr records. {3) Render a"sistance to external auditors retained by the city commission. Such a-sistance shall be limited to special audits or limited examinations ordered by the city commission. (d) Staffing. The Office of Independent Auditor General shall be staffed by such professional assistants and support personnel as shall be designated by the I G and as are approved in the nit y's anne eel budge+ as may be amender! from time to time by the City Commission. The IAG shall be the supervisor for all auditors and support personnel cmployed by the Office of the Independent Auditor General. The IAG shall have exclusive authority regarding, but not limited to appolntment/hlring remodel rind celery sic to all employees of the Office of Independent Auditor General. City of Miami Page 5 of 8 File ID: 15507 (Revision: B) Printed on: 7/28/2025 File ID: 15507 Enactment Number: R-24-0154 (e) Establishment of operati4g-p-r-eced-61-res an-d-responsibilities. The IAG may, from time to time, issue directives setting forth the operating procedures to be followed and responsibilities to be discharged by the Office." 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: "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-24-0154 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 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: "SHALL SECTIONS 4, 20, 36, AND 48 OF MIAMI'S CHARTER BE AMENDED TO ELIMINATE THE OFFICE OF THE INDEPENDENT AUDITOR GENERAL AND REFERENCES THERETO, SUCH DUTIES AND RESPONSIBILITIES BEING ASSUMED BY THE OFFICE OF THE INDEPENDENT INSPECTOR GENERAL?" This Charter Amendment will amend Sections 4, 20, 36 and 48 of the Miami Charter to eliminate the Office of the Independent Auditor General, and references thereto. By order of the Commission of the City of Miami, Florida. City of Miami Page 6 of 8 File ID: 15507 (Revision: B) Printed on: 7/28/2025 File ID: 15507 Enactment Number: R-24-0154 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: Charter Amendment to Eliminate Independent Auditor General and references thereto "Shall Sections 4, 20, 36, and 48 of Miami's Charter be amended to eliminate the Office of the Independent Auditor General and references thereto, such duties and responsibilities being assumed by the Office of the Independent Inspector General?" YES 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. City of Miami Page 7 of 8 File ID: 15507 (Revision: B) Printed on: 7/28/2025 File ID: 15507 Enactment Number: R-24-0154 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 Special Election. Section 16. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C1ty`ttor 5/13/2024 e ge Wy y ng III, C y ttor y 5/23/2024 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 8 of 8 File ID: 15507 (Revision: B) Printed on: 7/28/2025