HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: George K. Wysong III, City Attorney s/George K Wysong /11
DATE: May 22, 2024
RE: Resolution No. R-24-0154 — Charter Amendment — Repeal Section 48 -
Eliminate Office of Independent Auditor General
File No. 15507
At its April 25, 2024 meeting, the City Commission adopted the above referenced agenda
item, RE.6, 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 Depaitnients," 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. The
item inadvertently published with a ballot question header in the interrogatory form instead of
the declaratory form.
The Legislation has been corrected and incremented to Revision B.
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Enclosure(s)
1 5 5 0 `)- Sc2�cten.er`S EA.60(L Y/\24,,,0
City 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: 5/23/2024
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:1
"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
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: 5/23/2024
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.
*11
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: 5/23/2024
File ID: 15507
Enactmen
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.
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:1
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA.',-
SUBPART A. THE CHARTER
*
Cnn 48 Qft'int- of inrlepenetent n„rlitnr genet -a- Reserved.
City of Miami
Page 4 of 8
File ID: 15507 (Revision: B) Printed on: 5/23/2024
File ID: 15507
Enactment Number: R-24-0154
(a) Created; responsibility. There is hereby created the Office and position of
overt oZ of audittanr an-ralytical fCtr- unctcioncc of t1 City The Office of the
Independent Auditor General shall report directly to the City Commission.
city nnmmicsinn shall appoint an a itor, who shall be a Certified Public
Accountant, to serve as the director of the Office of th�de endent Auditor
certified under the public accountancy law in Florida, shall have a degree in
public adminintrati n or in ling oofrs� i�6h-dege h 11 have of least five years
experience in public aelminictra+inp nnrJ shall haeen ci iffioient evperinprn in
-ter,-rn„�,-��r�:--:.�� vu......�... d .r.....,..�.....
governmental accounting and auditi---p-ractices. ]he -initial appointment Shan
begin lanuan, 1, 2000, and shall -and with the election in November 2001.
Thereafter, the appointment shal' be far a term, our (4) years During the initial
and any subsequent term, the IAG shall be subject to suspension and/or removal
by the city enmmiccinn far iRGenapetence, neglect of duty, immorality,
e lrbiRke nme € fails ire to obey orders-g4 e by proper authority or for any other
1b istt-a- Rel4ea enab1'e cause.
- ) D hies and powers The I DC' ^hall be rncnnncihle 4n prn� ia,e� ine^lenenr^Io
oversight of audit functions, and for the performance of such other duties as may
he nncironer! hie the nit„ anrnmirc inr,�.r apt er of the city commission. To
the power and authority to:
budget and legislative analysis, conduct financial, operational,
it„ fission as deemed nececzary by the IAG or as may be
the aeJminictratinn
(2) Have free and unrestricted access to city government employees,.
officials, rccords and report- an whore appropriate, require all f
bra -Rohe -sr nts, agencies and officials of city government
ritte —rem nmc and to preel- fine naafi imams -filnc
a nTAnd-oCher-FeGnrel-s,
eh-assi Lance shall be limited to special audits or
limited examinatio-n-s ordcar by tyhe ni4enmrnissinn
iro gated by the
I G aRGI ac am approved in the oityls a n- al b siget art mate be amnnrteel from
time to time bythe City Cnmmi h I4G chill be theipeneicnr far all
-ru-�'rn-rrr rn's'�.✓i�n. Ti I�e-rr-rl� ..... .,... .. ..., �....,........ .... .....
auditors and support personnel employed by the Office of the Independent
A i di nnral The I LAC`_ shaall have exclusive authority regarding, but not limited
to appi intmentibiring-, rmmoteal and salarte an o all ernplo e-e of the gffioe of
Ine-0enenrinnt LAuelitnr Ge-R
CIJ
City of Miami
Page 5 of 8
File ID: 15507 (Revision: B) Printed on: 5/23/2024
File ID: 15507
Enactment Number: R-24-0154
followed and responsibilities to be dis harged 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: 8) Printed on: 5/23/2024
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 Audit
thereto
YES
NO
1
r General and references
"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?"
Section 10. The form of the ballot shall be in accordance with the requirethepts of` "L
general election laws. Electors desiring to vote in approval of the Question described -abo ,
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: 8) Printed on: 5/23/2024
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:
ng III, C ty
5/13/2024 e , ge Wy ng III, C ty -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: 5/23/2024
City 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: A) Printed On: 5/23/2024
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:1
"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: A) Printed on: 5/23/2024
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`,'1
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: A) Printed on: 5/23/2024
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 employ es 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.
*1
Section 6. Section 48 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
*
Sen i18 Office of irvdepeRelcnt auditor general Reserved.
City of Miami
Page 4 of 8
File ID: 15507 (Revision: A) Printed on: 5/23/2024
File ID: 15507
snovmmn mumuocR-2*oa4
/a\ Created; responsibility. There is hereby created the Office UUoO Of
oversight of audit and analytical iunctions of the City. The Office of the
Accountant, to serve as the director of the Office of the Independent Auditor
General and tobaknown aethe |
time of appointment, the IAG shall have and maintain an active license, shall be
governmental accounting and auditing prar.fir_,es. The initial appeintrneRt 6hall
al
and any subsequent term, the |/\Gshall besubject touuep ^.iDnand/or removal
just and reasonable cause-.
(G) Duties and paw9F&—.T#e4AG shall bano"ponaib|ab3 provide independent
rany member Dfthe city commission. Tm
the power and authority to:
budget and legisla��sis, conduct financial, operational,
aGt_an4-pe4Gmi_a_nce audits of city government,
the administration.
r110
to provide oral and written reperts and t- dGGUMer0,L._-'�i1er_
.71
and other rec--G�.
-94G4_as-.i_-tance shall be limited to special audits",or
such professional assist
1AG and as are approved in 'he Gity'S_
time to time by the City GGno,�R.-The IAG
auditors and support personnel employed by the Office of the Independent
tO.Opp intment/hihDA'PeFn8vo|,and o3|3ryastoall employees Ofthe Office Of
City of Miami
pauo5ofo File ID: 15aur (Revision: A) Printed on: ooumoe4
File ID: 15507
Enactment Number: R-24-0154
(e) Establishment of operating procedures and responsibilities. The IAG may,
from time to time, issue directives setting forth the operating procedures to be.
lf
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 "A11 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 inlhe
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: r ,,
fe�;y
"SHALL SECTIONS 4, 20, 36, AND 48 OF MIAMI'S CHARTER BE
AMENDED TO ELIMINATE THE OFFICE OF THE INDEPENDENT AUDITOR;' i-
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: A) Printed on: 5/23/2024
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:
Shall the Miami Charter be amended to eliminate the 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 describedabove
shall be instructed to vote their selection next to the word "YES" within the ballot cont'aining 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 'staiement
relating to the Question.
Section 11. The City Clerk shall cause to be prepared vote -by -mail ballots coritainAg I "11
the Question set forth in Section 9 above for the use of vote -by -mail electors entitled.to cad
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: A) Printed on: 5/23/2024
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:
g . Wy j ng III, C y -ttor -y 5/13/2024
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: A) Printed on: 5/23/2024
City of Miami
Legislation
Resolution
File Number: 15507
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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. 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.
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
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:1
"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
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.
*„
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figuresshall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicai'e•,omitted and""
unchanged material.
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
gel -Re -rat "
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;
(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:1
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
Sell. 48 Office+ of ind ep�riden+ audito meral Reserved.
`�'f''�`'� �`^`'�—rncrarrrn ci �c� ar
(a) Created; responsibility. There is hereby emoted the Office and pos itiixn:'of
Independent Auditor General to provide the City Commission with independent r:
city commission shall appoint an auditor, who shall be a Certified Public
Accountan+ to serve as the director of_the Offing of the Independent Auditor
III A ^II
time of appointment, the IAG shall have and maintain an active license, shall be
certifiers i ender the pu lie accountancy law in Florida, shall have a degree in
public administration or in lieu of such degree shall have at least five years
Thereafter, the appointment shall be for a term of four ('I) years. During the initial
and any subsequent term, the IAG shall be subject to suspension and/or removal
by thc city commission for incompetence, neglect of duty, immorality,
rin iphenness_ foil, ire +n nhei nr�ers ni„en h„ proper authority, or for any other
just and reasonable cause.
II be responsible to provide independent
oversight of audit functions and for the performance f such other duties as may
e
be assirvnyember-of-th e pity cnommissinToo
the degree necessary to fulfill thc responsibilities of the office, the IAG shall have -
the power and authority te4
(1) Examine citd,�s-it„�,}n+inns an I �rrniin+inn s„�+ten provide
budget ard-lecg+&lative analysis, conduct f�;,nancial operationa'
wee, sing -le -act -and performance audits of city government,
officials, a
the administration.
(2) Have free -a nrestr.
r�ffv 'rrrvicri-`�-,�ti�ra•=:rt��ri�
branc
to -provide oral-axed-w
an oche rnT cvoi d€
(3) Render assist
GO-141414issien. Such a &ietanve all be limited to special audits or
limi+erl evnminn+inns orrlererd hi +hn r i+�nnmmissinn
rvi-ram. .�....,.... ....., .., v .... ..,.... ......................
(d) Staffing. The Office of Independent Auditor General hall be staffed by
IAG and as are approved in t
Auditor_Qenera Te l G shell h. e exclusive authority rcgarding, but not li"r ?jfed
"
to appointment/hiring reran
val, and salary as to all employees of the Office of'`
lnrJenenden+ 4i �rli+nr enera
n-GrnTrc.Tc-lr.
(e)--€stabl„-s; nt-of operating procedures and responsibilities. The IAG gay,;rye
from time to time e clir�reGtices-setting forth the operating procedures to be c-
followed and responsibilities tto-be discharged by thc 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-
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?"
1 6.
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.
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 Sections 49 20, 36 nd 48 of the Charter be amended to eliminate the Office of
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.
Section 14. Todd D. 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 adQ'ption-dn
signature of the Mayor.2
173
CID
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.
APPROVED AS TO FORM AND CORRECTNESS:
George K. WysOtig III, Acting Cityf ttorney 4/16/2024