HomeMy WebLinkAboutCC 2020-01-09 Veto Legislation MemoCITY OF MIAMI. FLORIDA
To Honorable Members of
the City Commission
FRO :
Todd B. H
City Clerk
INTER -OFFICE MEMORANDUM
DATE December 23, 2019 FILE
SUB.r:CT Mayoral VETO of Resolution
R-19-0522 adopted at the
December 12, 2019 City
REFERENCES. Commission Meeting
ENCLOSURES: (I)
I am in receipt of a mayoral veto (received on Monday, December 23, 2019, at 4:06 p.m.)
pertaining to Resolution R-19-0522 that was passed at the December 12, 2019 City
Commission Meeting involving the following item:
A RESOLUTION OF THE MIAM1 CITY COMMISSION DIRECTING THE
INDEPENDENT AUDITOR GENERAL TO INVESTIGATE THE ACCUSATIONS
PRESENTED AT THE DECEMBER 12, 2019 CITY COMMISSION MEETING DURING
THE DISCUSSION OF AGENDA ITEM DI.5; FURTHER DIRECTING THE
INDEPENDENT AUDITOR GENERAL TO PROVIDE A STATUS REPORT ON THE
INVESTIGATION AT THE JANUARY 23, 2020 CITY COMMISSION MEETING.
Pursuant to City Code Section 2-36(4), the City Clerk is directed to place any item(s) vetoed
by the Mayor, together with the veto form(s), on the next regularly scheduled City
Commission meeting agenda as the first substantive item(s) for consideration by the City
Commission. With this in mind, the mayoral veto of Resolution R-19-0522 will be addressed
at the January 9, 2020 Miami City Commission Meeting as the first substantive item to be
heard on the agenda.
For your information, the City Commission may override a veto by a four -fifths (4/5ths) vote
of the City Commissioners present. If four -fifths (4/5ths) of the City Commissioners present
do not vote in favor of the override, then the mayoral veto shall be sustained.
If you have any questions regarding this information, please do not hesitate to contact me.
C: Francis Suarez, Honorable Mayor
Emilio T. Gonzalez, Ph.D., City Manager
Victoria Mendez, City Attorney
Clt#u of fflia i, �loriba
3500 PAN AMERICAN DRIVE
FRANCIS SUAREZ�* t uen, uulN �ileyAygy MIAMI, FLORIDA 33133
MAYOR +(" j! (305) 250-5300
y t - R Q JJ FAX (305) 854-4001
Office of the Mayor
Miami, Florida?
Veto and Veto Message
TO: Honorable Members of the City Commission ebb .p
Miami, Florida 0
FROM: Mayor Francis Suarez
Miami, Florida
Date: Monday, December 23, 2019
Pursuant to the authority vested in me under the provisions of 4(g)(5) of the Charter of Miami,
Florida, I hereby veto:
Resolution (R-19-0522)
Resolution directing the independent auditor general to investigate the accusations presented at the
December 12, 2019 City Commission meeting during the discussion of agenda item DI.5
January 9, 2020 Commission Meeting
Veto Message:
I exercise my right to veto the recent decision of the City of Miami Commission ("Commission"),
which directed the Independent Auditor General to investigate the accusations presented at the December
12, 2019 City Commission meeting. Under the auspices of a discussion item regarding code enforcement,
a Commissioner accused the City Manager of abusing his power by submitting an improper permit with the
City's building department. Without providing an opportunity for the City Manager to address these claims
(or even be present to face the accusations and the accusers), the Commission directed the Independent
Auditor General to investigate the accusations against the City Manager.
One of the main values enshrined in our constitution is separation of powers. The United States
Supreme Court decision of Marbury v. Madison, which is probably the single most important decision in
American constitutional law, recognized that determining constitutional authority inescapably involves
separation of power analysis. Here, the Commission — the same commission that raised the accusations
against the City Manager — controls the Independent Auditor General. For instance, the City Charter
requires that the Independent Auditor General report directly to the Commission, and the Commission
appoints the director of the office. Section 48(a) and (b). The Commission can suspend and remove the
director. Id. Finally, the Commission approves the professional assistants and support personnel in the city's
annual budget. Section 48(d).
The Commission seeks to act as judge, jury, and executioner. The Commission's actions to empower
the Independent Auditor General to investigate the accusations against the City Manager runs afoul of our
constitutional limits. Having concluded that it would not be in the best interest of the City of Miami or its
residents, I submit this veto.
Res ully mitted,
JFanciXuarez
Mayor
City of Miami
Page 2