HomeMy WebLinkAboutSubmittal-City Attorney-MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
record for i -m(s
on
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, Acting City Attorney
DATE: April 17, 2024
RE: Substitution of RE.6 on the April 25, 2024 City Commission Meeting
Resolution Approving, Setting Forth, and Submitting to the Electorate a
Proposed Amendment to the Charter Eliminating the Office of the
Independent Auditor General
File No.: 15507
Item RE.6 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
eliminate the Office of the Independent Auditor General and removing references thereto.
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
Submitted into the public
City Clerk
•LL,y
171
D
I 550`1 5dorYi Ita l
SPONSOR(S): Commissioner Manolo Reyes
City of Miami
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Submitted into the public
Legislatio-recor orit m(s) �Q -
oh1.0-S'1L( City Cleric
File Number: 15507 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-DADS-
COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIORTOT;t rit
THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE EFFECTIVt
DATE FOR THIS RESOLUTION. co •T
.73
WHEREAS, the City of Miami (City) was incorporated by the Florida Legislature irr
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:) Printed On: 4/17/2024
File ID: 15507 Enactment Number:
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 _jam
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA
SUBPART A. THE CHARTER
r-,
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 independcnt 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:) Printed on: 4/17/2024
File ID: 15507 Enactment Number:
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.
*,I
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."
s•'r�y�
st
Section 5. Section 36 of the Charter is proposed to be amended in the following
particulars:1 f
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA=g=
SUBPART A. THE CHARTER
rv�
Sec. 36. Civil service.
*
CO
13
r*�
1J
(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:) Printed on: 4/17/2024
File ID: 15507 Enactment Number:
(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. r;rit-
Ita < t
* * *,, .-<
Section 6. Section 48 of the Charter is proposed to be amended in the following -: ;
particulars:' ='`—+ =
r l
"CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA n , .g.-
SUBPART A. THE CHARTER
* * *
Reserved.
t:
City of Miami Page 4 of 8 File ID: 15507 (Revision:) Printed on: 4/17/2024
File ID: 15507 Enactment Number:
{a) Cr atcd; responsibility. There is hereby created the Office and position of
Independent Auditor General to provide the
oversight of audit and analytical functions of thc City. The Office of the
(b) Appointment, qualifications and term of Independent Auditor Ceneral. The
Accountant to servo as the director of the Office of the Independent A editor
General and to bo known as the Independent Auditor General ("IAG") At the
time of appointment, the IAG shall have and maintain an active license, shall be
public -administration orin-lied-of suchvh degree shall h` at loost fi vo
experience in public administration -and -shall ha„e s, fficient a onto in
begin Januarly-1,22900, ands„ enwr�t o olestion in -November 22001 .
Thereafter, the appointment shah bo fora term ffour (4-) years During the initial
and any -subsequent term,he-lAG shall -die s bjeet t„ nd/„r r al
by the city commission for incompetence, neglect of duty, immorality,
drunkenness fails e to obey orders n n by n uthority r- fora other
just and reasonable cause.
(c) Duties and powers. The IAG shall be responsible to provide independent
oversight of audit functions,
be assigned by thc city commission or any member of the city commission. 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 ---i 3
bi vdget and legislative analysis conduct financial operational
compliance, single act and performance audits of city government,
ncics, with reports submitted to the
city commission as deemed nece-..ary by thc IAG or as may be
required by the city commi"lion, from timc to time, and copied:L
the administration.==i
(2) Have free and unrestricted access to city government employees, r
officials, records and reports and where appropriate, require all
branches departments a encies anrd officials of city o rent
ilcs
and other records.
(3) Render assistance to external auditors retained by the city
commission. Such assistance shall be limited to special audits or
limited examinations ordered by thc city commission.
(d) Staffing. The Office of Independent Auditor General shall be staffed by
time to time b she City Commission. The IAG shall be t#he s ipe r for all
i�iiw sic -cc c
editors nrd s„pport personnel o played by the Offic of the Independent
Auditor General. The IAG shall have exclusive authority regarding, but not limited
-Independent Auditor Ceneral.
On Cr
0*)s
-, Q
CD t7,2w
e QF
•
cr
City of Miami Page 5 of 8 File ID: 15507 (Revision:) Printed on: 4/17/2024
File ID: 15507 Enactment Number:
(e) Establishment of operating procedures and 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-
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 Superviso.r., 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 MiaT,„:47 '
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.
o • t C•9
O
F m
B '6
1
Cr
r's •Ptli
CI C
Pi
IR'
City of Miami Page 6 of 8 File ID: 15507 (Revision:) Printed on: 4/17/2024
File ID: 15507 Enactment Number:
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 4, 20, 36 and 48 of the Charter be amended to eliminate the Office of
Independent Auditor General and references thereto?
YES
NO
"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?"
r 93 ,-ti,7
r} )
Section 10. The form of the ballot shall be in accordance with the requirements orz
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.
w,
a'a
City of Miami Page 7 of 8 File ID: 15507 (Revision:) Printed on: 4/17/2024
File ID: 15507 Enactment Number:
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:
George K. Wysong III, Acting',City`JAttorney 4/16/2024
�
r)
co
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.
0
rp
•
City of Miami Page 8 of 8 File ID: 15507 (Revision:) Printed on: 4/17/2024