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HomeMy WebLinkAboutOIG Annual Report 2025 “A popular government without popular information or the means of acquiring it is but a prologue to farce or tragedy or perhaps both.” - James Madison OFFICE OF THE INSPECTOR GENERAL Annual Report 2025 2 3 Joseph M. Centorino Inspector General, City of Miami Beach The City of Miami Beach Office of the Inspector General (OIG) has been in existence for just over six years since its inception in 2019. It has been our mission to provide independent oversight of City operations and expenditures. We have worked constantly to fulfill the mandate from City residents to protect and defend the independence of the office they created free from partisanship or political influence. The OIG was born out of public concern following incidents of serious corruption within the City government prior to 2018. We are proud to report that there has been no significant corruption scandal in the City since the OIG began its work. We believe that our presence and oversight have contributed to this record of public integrity, but we also recognize that the tone set at the top by elected City officials and City Managers has been essential to that success. We also understand that continuous vigilance is required to maintain a strong record of integrity. Our fragile democracy needs the continuous reinforcement of active citizen engagement and professional public servants at all levels. Our investigative and audit functions, as well as our public outreach and involvement in the cultivation of an ethical, service-oriented, City workforce, are designed to support and expand the City’s commitment to excellence and integrity. OIG oversight generated important information and useful managerial recommendations during the past year that are outlined in this annual report. Among them were an Internal Audit assessment of $661,806 on the City’s lease of its property to the Miami Beach Marina; a Resort Tax assessment of $671,178 on the Fontainebleau Hotel (which has been paid by the hotel); and reviews of wasteful practices involving the City’s relocation of Fire-Station #1 and the no-bid contract for water taxi service with Poseidon LLC. We are always accessible to any City employee, resident, or business owner who may have important information to contribute to our efforts. Call our office (305-673-7020); use our 24-hour confidential hotline 786-897-1111; email us at CityofMiamiBeachOIG@miamibeachfl.gov; visit our website at www.mbinspectorgeneral.com, or stop by our office in person at 1130 Washington Avenue, 6th floor. We welcome your input! Sincerely, Joseph M. Centorino Along The Waterfront 4 OIG ORGANIZATIONAL CHART 4 5 OIG STAFF MEMBERS AUDIT DIVISION Chief Auditor Norman Blaiotta Deputy Chief Auditor Susan Andrews Senior Audit Staff Internal Auditors Senior Internal Auditor Jessica Romero Losada Internal Auditor El Mostafa Achar Internal Auditor Martina Aymar Resort Tax Auditor/Supervisor Thania Thielen Resort Tax Auditor Yorney Sanchez Tax Auditors Resort Tax Auditor Tatiana Lopes Resort Tax Auditor Alfredo Mojena Resort Tax Auditor Raffi Olivo Sanitation Fee Auditor Julia Morales INVESTIGATIVE DIVISION Investigator Jani Singer Investigator Dylan Hughes Contract Oversight Specialist Jill Klaskin Press Executive Assistant/Office Manager Elisa Alonso Support Staff 6 LEGISLATIVE INITIATIVES Predatory Practices in Condominium Buyouts In response to complaints from Miami Beach condominium owners alleging high-pressure and misleading practices used by some developers attempting to secure control over condominium buildings for demolition or redevelopment, the OIG reviewed some of these practices and researched possible solutions. The OIG found that this issue has become a matter of great public concern in Miami Beach. An OIG report issued during 2024 documented the threat felt by many residents about unfair and abusive tactics that could deny them a reasonable opportunity to retain ownership of their homes. The report recommended that the City consider legislation, similar to one adopted in the City of Chicago, to limit repeated, unsolicited attempts to contact homeowners and to prohibit express or implied threats to coerce them to sell their units against their will. Following the OIG Report, the City Commission acted favorably on several ground-breaking ordinances proposed by Commissioner Alex Fernandez, with the assistance of the City Attorney’s Office, to prohibit predatory practices in condo buyouts, to require notice of them to unit owners, and other protections that should serve as a shield against such predatory practices for vulnerable condo owners. 7 “RED FLAG” ORDINANCE Much of the OIG’s oversight work involves lengthy audits or investigations requiring significant research and analysis. Reports are often delayed due to notice requirements to parties affected by findings in the reports and inclusion of their responses and OIG replies to their responses in the final reports. There are times, however, when the OIG has acquired important information prior to finalizing its work that, if known, could affect actions taken by the City Administration and/or City Commission. A “Red Flag” Ordinance prescribing methods for providing the City’s decision-makers with pertinent information on pending OIG matters was passed by the Commission with the intent of more fully utilizing the OIG’s mission and to maintain the public trust. The measure, sponsored by Commissioner Alex Fernandez, provides for OIG input on potential legal or procedural violations, alerts to possible negative impacts involving waste, fraud, abuse or inefficiency, and responses to inquiries where such information can be transmitted without interfering with the OIG’s independence or the need for confidentiality. 7 8 MIAMI BEACH OFFICE OF THE INSPECTOR GENERAL 8 PUBLIC OUTREACH Public Outreach The OIG is committed to transparency, public information, and citizen engagement in fulfillment of its mission. Public reports are provided on the OIG website (www.mbinspectorgeneral.com) and provided to appropriate City officials, staff, and community stakeholders. The OIG has an “open door” policy, inviting walk-in complaints along with an assurance of confidentiality when requested. The Inspector General regularly addresses newly hired City employees at orientation sessions, emphasizing the City’s strong ethics code provisions and acquainting new employees with OIG functions and whistleblower protections. During 2025, the Inspector General was an invited speaker at the Association of Inspectors General (AIG) Annual Training Conference in San Diego (Topic: Unsealing the Truth: Lies, Perjuries, and Polygraphs) and at the Annual Southeastern Conference for Public Administration (SECoPA) held in Coral Springs (Topic: Public Service Ethics: More Than The Minimum). The Inspector General again appeared before upper-class students at Miami Beach Senior High to speak about the importance of civic engagement, along with County Commissioner Micky Steinberg, for the annual Ethical Governance Day event sponsored by the Miami-Dade Commission on Ethics and Public Trust and Miami-Dade County Public Schools. The IG and OIG staff members are available to appear in person to speak at any local meeting of resident, business, or other community groups upon request. 8 9 THE SURVEY SAYS… Ethics Survey Background The OIG collaborated during 2025 with the Miami-Dade Commission on Ethics and Public Trust (COE) to conduct an ethics survey of City regulatory employees working in departments deemed most susceptible to ethical compromise. 209 employees from the Building, Code Compliance, Finance, Fire Prevention, Parking Enforcement, Planning and Procurement departments were interviewed confidentially by COE staff with the support and cooperation of the City Administration. The 2025 survey was a follow-up to two prior surveys, conducted by the COE during 2013 and 2016, which included 15 identical objective questions aimed at gauging the overall attitudes, perceptions, and opinions of those employees regarding City ethics, controls over corruption and misconduct, and their confidence in the integrity of their peers and managers. The original 2013 survey was conducted in the wake of a series of serious corruption cases at that time involving City personnel and the recognized need to restore public trust in City government. It was conducted in connection with a unique and intensive ethics training program conducted in person during 2013 under a mutual agreement between the City and the COE and continued annually by the City in an abridged and recorded format after 2013, until it was suspended in 2020 during COVID-19. Survey Results and OIG Recommendation The results of the 2025 survey were mixed. They showed that most of the substantial, across-the-board improvements in employee perceptions that occurred between the 2013 and 2016 surveys, which had been attributed in large part to the original 2013 special ethics training program and the continued annual abridged program, had been maintained during the years following 2016. The most positive indicator in the 2025 survey showed continued reduction in the percentage of employees reporting bribery attempts: 27% in 2013, 21% in 2016, and 15% in 2025. However, most other ethical indicators in the latest survey showed either a rough parity between the 2016 and 2025 survey results or some reduction in ethical standards during that period. It is believed that the stagnation in ethical improvement and its possible diminishment, as measured in the survey results, may be related to the 2020 suspension of the program. To address this concern, the OIG issued a recommendation for the renewal of the special ethics program for regulatory employees, which was endorsed by the City’s Audit Committee. Following release of the 2025 OIG report and the Audit Committee’s action, a Commission Resolution to restart the program was introduced by Commissioner Alex Fernandez and is pending approval by the Commission. 10 INTERNAL AUDIT REPORTS City of Miami Beach Marina Lease Agreement Audit This major contract compliance audit covered the City’s long-term Marina Lease with Miami Beach Marina Associates (MBMA) during the 2022 calendar year. The OIG found significant underreporting of gross receipts by the Marina operator, resulting in an estimated underpayment to the City of $661,806, plus penalties and interest. The audit identified improper exclusions of sublessee expense reimbursements and related party rental income, underreported parking revenues, and noncompliance with annual reporting and BTR requirements by the Marina and its subtenant businesses. Additionally, some boat clubs were found to be operating with more than five wet slips without City Manager approval, and dockage rate increases were also not properly approved, resulting in overbilling. The OIG recommended enhanced oversight, more frequent audits, and corrective billing for discrepancies. The report also zeroed in on the need to renegotiate woefully outdated fuel sales compensation terms deemed by the OIG to be unfair to the City, which have been frozen at 2 cents per gallon since the early 1980s. Those terms left the City with only $28,000 (.4%) of the Marina’s total fuel and diesel sales of $7,076,674 during the one-year audit period. A fair adjustment of those terms to account for inflation and rising fuel prices since 1983 would have brought substantial revenue to the City. The release of this report coincided with the Marina’s attempt to negotiate a further extension of its lease in exchange for its addressing neighborhood concerns over its operations and has resulted in a suspension of those negotiations. The OIG recommended that the City’s Asset Management Division strengthen contract compliance monitoring and update lease terms whenever possible to protect the City’s interests. Insurance Compliance Controls in BTR Renewals This audit examined insurance compliance controls in the City’s process for renewal of Business Tax Receipts (BTRs), which permit private businesses to operate in the City. The OIG found that the City’s review of compliance by businesses with insurance coverage requirements in renewing their BTRs lacked verification of continued coverage, resulting in some businesses failing to meet City insurance requirements while holding active BTRs. The OIG recommended that holds be placed on BTR renewals until proper insurance coverage is confirmed, and that businesses be required to upload Certificates of Insurance (COIs) during the renewal process. Risk Management staff should review COIs for compliance before releasing the holds. In response to the audit, the City Administration agreed to automate the insurance review process by July 2025, integrating COI uploads and approvals into the BTR renewal workflow. For the future, the OIG recommended updating system modules, training applicants and staff, and granting Risk Management access to the tools necessary to ensure compliance and operational integrity. 11 State Beachfront Management Agreement Audits 2022-23 Operational Audit The OIG audited the revenues collected by the City from concessionaires for the use of State-owned beachfront property subject to the State Beachfront Management Agreement for the 2022-23 fiscal year and beachfront concession fees billed by the City for the 2023-24 fiscal year. The audit assessed the accuracy and completeness of all taxable transactions, upland and concession fee billing, and compliance with agreement terms. Findings included underreporting of revenue by Penrod Brothers, Inc., resulting in a $404 underpayment to the City and a $101 shortfall to the State. The OIG found that the City’s Asset Management Division also applied incorrect sales tax rates to the transactions, leading to overbilling by the City totaling $3,262 to Boucher Brothers and excess payments to the State. The report recommended improved oversight, periodic reconciliations, and automated tax rate verification to prevent future errors. Management responses indicate corrective actions, including issuing credits and coordinating refunds with the State. The audit underscores the importance of accurate financial controls to safeguard City and State revenues. 2022-23 Financial Audit A financial audit was conducted of the City’s compliance with the State Beachfront Management Agreement for the 2022-23 fiscal year. The agreement requires the City to remit a 25% “sand tax” of all monies collected from concessionaires for the use of State-owned beachfront property to the Florida Department of Environmental Protection. The audit reviewed payments from various beachfront property users, including concession operators, hotels, apartments, condominiums, and special event organizers. During the audit period, the City remitted four quarterly sand tax payments totaling $887,909 to the State. The OIG determined that the City accurately calculated and timely remitted all required sand tax payments, fully complying with the agreement’s terms for the period under review. 2023-24 Operational Audit The OIG audited the revenues collected by the City from concessionaires for the use of State-owned beachfront property subject to the State Beachfront Management Agreement for the 2023-24 fiscal year and beachfront concession fees billed by the City for the 2024-25 fiscal year. The audit assessed the accuracy and completeness of all taxable transactions, upland and concession fee billing, and compliance with agreement terms. From the $3.7 million in revenues from concessionaire operator fees, beachfront concession permits, special event permits, and vehicle beach access fees, the audit identified issues with beachfront concession permit fees. Specifically, the City underbilled some concessionaires by $48,932 and overbilled others by $30,982. From an organizational standpoint, additional deficiencies included incomplete concessionaire applications (25% of those tested) and a high number of voided invoices (34%), primarily due to outdated fee schedules that had not been updated in the City’s Energov system. The OIG recommended stronger internal controls, automated billing validations, standardized checklists, staff training, and improved coordination between Facilities and IT. 12 2023-24 Financial Audit A financial audit was conducted in compliance with the State Beachfront Management Agreement for the 2023-24 fiscal year. The agreement requires the City to remit a 25% “sand tax” of all monies collected from concessionaires for the use of State-owned beachfront property to the Florida Department of Environmental Protection. The audit reviewed payments from various beachfront property users, including concession operators, hotels, apartments, condominiums, and special event organizers. During the audit period, the City remitted four quarterly sand tax payments totaling $1,040,666 to the State. The OIG determined that the City accurately calculated and timely remitted all required sand tax payments, fully complying with the agreement’s terms for the period under review. Annual Bank Account Reconciliations This OIG annual review evaluated the City Finance Department’s process for completing and approving monthly bank reconciliations during the 2024/25 fiscal year. On average, the Finance team reconciled 35 bank accounts each month. Internal procedures require that all bank accounts be reconciled and approved monthly, with specific accounts such as the Pooled General Depository and City Golf Clubs allowed up to 45 days for completion due to additional closing requirements. The OIG selected five months for testing—August, October, and November 2024, and January and June 2025—and reviewed all related documentation provided electronically. Focusing on procedural compliance, the audit confirmed that reconciliations for the selected months were completed and approved in a timely manner by the appropriate Finance Department staff. Overall, the Finance Department demonstrated adherence to its internal procedures, effective oversight, and timely detection of errors in City bank accounts. 13 RESORT TAX AUDITS The OIG Resort Tax Audit Division performs audits of resort tax compliance by businesses providing food, beverage, or short-term rentals in the City. Audits verify accurate revenue reporting and tax remittance on 2% of taxable food and beverage receipts and 4% of taxable lodging revenues. During the 2024/2025 Fiscal Year, OIG Resort Tax Auditors completed 146 audits, resulting in net assessments of $3,913,682. Of these, 32 audits of annual filers led to $141,674 in assessments, while 114 audits of monthly filers resulted in $3,772,007 in assessments, including estimated assessments for non-cooperative taxpayers who failed to provide required records. The OIG’s work provides additional revenue for the City and upholds compliance with resort tax regulations. The OIG’s role is limited to auditing, with enforcement or settlement of OIG assessments handled by the City Finance Department. Unpaid assessments may result in property liens for up to 20 years against delinquent taxpayers. Included within the resort tax assessments listed above is an audit assessment leading to the City’s recovery of $671,178 for resort taxes owed by the Fontainebleau Hotel. This recovery is the largest ever made based on a Miami Beach resort tax audit. 13 14 WASTE HAULER AUDITS The OIG conducts financial audits of private waste haulers operating in the City under the supervision of the City Sanitation Division, from which the City collects revenue in three areas of operation: 1) An exclusive single-hauler residential waste collection system for single-family and multi-unit residences up to 8 units, currently held by Waste Connections of Florida, Inc. The City receives a service fee of $16.44 per unit per month for single-family residences and $12.01 per unit per month for multi-family residences. 2) A non-exclusive multi-hauler franchise system for commercial and multi-unit residences over 8 units, currently with two haulers, Waste Connections of Florida, Inc. and Waste Management, Inc. These haulers pay 20% of their gross receipts plus a 2% Public Right-of-Way fee and a 2% Sustainability Fee, totaling 24% in fees under franchise agreements with the City. 3) Numerous Construction and Demolition (C&D) debris haulers holding Sanitation Fee permits and accounts with the City. Haulers must have permits to operate and pay the City a Sanitation Fee equivalent to 20% of gross revenues. C&D haulers were formerly referred to as Roll-Off contractors which changed when the City Commission adopted a proposal by Commissioner Tanya Bhatt in 2024, clarifying its Sanitation Ordinance and ensuring that all C&D contractors remit fees to the City regardless of the type of containers used to collect debris. This change has brought additional revenue to the City. Note: There is currently a proposal pending before the City Commission which, if passed, would raise the 8-unit limit for multi-family units under the residential system (#1 above) to 16 units, thereby limiting the multi-hauler franchise system (#2) to residences over 16 units. As detailed on the next page, during 2025 the OIG performed detailed audits on both franchise haulers in #2 above and two audits on C&D haulers (#3). 15 Franchise Hauler Audits Waste Management, Inc. Audit An internal audit was conducted in compliance with the Non-Exclusive Franchise Waste Contractor Agreement and the associated Service Agreement for Waste Management of Florida, Inc., covering the period from January 1, 2022, to December 31, 2024. Key findings included: 1. Uncollected Late Fees: Eleven late payments totaling $32,720 in penalties and interest were identified. The Finance and Sanitation departments failed to bill Waste Management for these delays. 2. Sustainability Fees Overcharged: Waste Management incorrectly included temporary C&D container revenues in sustainability fee calculations, resulting in customers being overcharged $89,266 . 3. Right-of-Way Fees Underbilled: Permanent roll-off container revenues were excluded from right-of-way fee calculations, leading to a $99,193 underpayment. 4. Non-Compliant Contamination Audits: Contamination audits required to be performed by the franchisee to distinguish exempt recycling material from taxable waste lacked quantifiable data and documentation, raising concerns about unreported revenues. Recommendations included improved billing practices, clearer contractor education, and quality review processes for contamination audits performed by the franchisee. Implementation of corrective action is scheduled for June 30, 2026. Waste Connections of Florida, Inc. Audit The OIG audited Waste Connections of Florida, Inc. for the period January 1, 2022, through December 31, 2024. The audit evaluated compliance with the Non-Exclusive Franchise Waste Contractor Agreement and the associated Service Agreement. Key findings included: 1. Uncollected Late Fees: Five late payments resulted in $72,372 in unbilled penalties and interest due to lack of enforcement by the Finance and Sanitation departments. 2. Sustainability Fees Overcharged: Waste Connections incorrectly included C&D container revenues in sustainability fee calculations, resulting in customers being overcharged $57,356. 3. Questionable Exempt Amounts: $6,066,253 in claimed exemptions lacked documentation to confirm they were related to recycling, raising concerns about underreported revenues. 4. Non-Compliant Contamination Audits: Contamination audits required to be performed by the franchisee to distinguish exempt recycling material from taxable waste failed to meet contractual standards lacked signatures, quantifiable data, and lists of non-compliant accounts. Recommendations included stricter billing enforcement, improved documentation of recycling activities, and quality review processes for contamination audits performed by the franchisee. Implementation of corrective action is scheduled for June 30, 2026.. 15 16 C&D Sanitation Fee Audits Eastern Waste Systems Inc. Sanitation Fee Audit This audit reviewed the compliance of Eastern Waste Systems, Inc. (EWS) with City regulations regarding payment of Sanitation Fee revenues for the collection of C&D debris from March 1, 2019, through July 31, 2021. The OIG examined whether EWS properly obtained BTRs, maintained required insurance, filed accurate monthly and annual reports, and remitted Sanitation Fees in accordance with the City Code. [Note: EWS ceased operations in the City in July 2021, becoming part of Coastal Waste & Recycling]. The audit found that, while EWS obtained necessary permits and submitted required reports, its use of dual accounting systems led to discrepancies between its monthly sales reports ($2.3 million) and its revenue reports to the City ($2.7 million). Since reports to the City showed higher gross receipts, no additional tax was assessed. The OIG recommended that contractors report sales as incurred, not when payments are received, to ensure consistency in future filings. The report emphasized the need for accurate, timely reporting and adherence to City regulations. Double Waste Service Inc. Sanitation Fee Audit This audit examined the compliance of Double Waste Service, Inc. (DWS) with City regulations regarding submission of Sanitation Fees for the collection of C&D debris from August 1, 2018, through May 31, 2021. The OIG determined whether the contractor properly obtained BTRs, filed accurate monthly reports, and remitted the required fees per City Code. The audit found that DWS, instead of remitting 20% of gross receipts to the City, submitted only 18% on certain jobs and failed to remit any fees from collection on three invoices. These discrepancies resulted in unpaid permit fees totaling $742, including penalties and interest. The OIG recommended immediate corrective action to ensure proper application of the prescribed rate and timely fee remittance. The audit also confirmed that the contractor eventually provided all necessary documentation after initial delays and highlighted the importance of accurate calculations and compliance with City regulations to avoid financial penalties. 16 17 INVESTIGATIONS AND REVIEWS The OIG Investigative Unit conducts investigations, reviews, and inspections of City operations, programs, and expenditures. These may be opened at the discretion of the OIG but are often prompted by complaints or requests from the City’s elected or appointed officials, residents, or businesses. They range from brief inquiries to formal investigations and may include use of the OIG subpoena power to obtain witness testimony or records. The individual providing the information may choose to remain anonymous. Many investigations result in reports to the City Commission, while some may be handled less formally, depending on the nature of the information provided and the findings of the investigation. Upon closure, all such actions are documented and available as public records. Criminal matters are handled jointly with a law enforcement agency. When ethical violations are found, the OIG may file an ethics complaint with the Miami-Dade Commission on Ethics and Public Trust for enforcement under the Miami-Dade County Ethics Code. Findings of employee misconduct or management issues may be referred to the City Administration or to City Department heads for appropriate action. The following summaries include matters of significance that were closed by the OIG with findings forwarded to the City Commission during 2025. Investigation of Community Development Block Grant – Coronavirus Funds Recipient This investigation found that Early Childhood Quality Consultants, LLC (ECQC) fraudulently obtained a $10,000 grant through the City of Miami Beach Small Business COVID-19 Program. ECQC made false representations in its Duplication of Benefits Affidavit, which was required to confirm that the federal Paycheck Protection Program (PPP) loan funds ECQC had previously received had been fully expended before receiving the City grant. However, bank records showed that the funds remained untouched in a separate account until two years after the grant was awarded. The grant was approved by the City on self-generated profit and loss statements, without verification of supporting bank documentation, contrary to program requirements. Additionally, the OIG found evidence that the salary of an ECQC employee was funded by the countywide Children’s Trust, which provided a yearly grant budget to ECQC exceeding $451,000 and was used to collect grant money from the City, and that ECQC had improperly requested reimbursement from the Children’s Trust for other expenses. This information was forwarded to the Miami-Dade County OIG, which conducted further investigation, leading to the Children’s Trust rescinding its funding to ECQC. The OIG recommended that the City pursue remedies to recover the funds, strengthen verification procedures for future grants, and consider restrictions on future applications from ECQC. The City is engaged in negotiations for repayment of the funds to the City. 17 18 Investigation of Poseidon Ferry No-Bid Contract and Public Subsidy This investigation, initiated based on a citizen complaint, revealed that the City of Miami Beach entered into a $600,000 no-bid contract with Poseidon Ferry, LLC to operate a cross-bay water taxi service without having conducted proper due diligence on the company’s financial health or operational capacity. The contract was approved following a 6–1 City Commission vote to waive competitive bidding. Notably, the City Procurement Department was not involved in the process, and no formal assessment was made of Poseidon’s financial status, operational ability, or service history. Poseidon Ferry had a documented history of failure, having previously attempted and failed three times to operate a similar service. In its last year of operation, the company reported losses exceeding $500,000. Despite these red flags, the City executed a one-year agreement with Poseidon in March 2024. The service was launched on June 30, 2024, but was quickly plagued by mechanical failures, low ridership, and financial instability. Within 21 days, operations were suspended. The City terminated the agreement on September 16, 2024. Prior to the termination, the City had made subsidy payments totaling $65,000 to Poseidon for a program that failed and caused substantial embarrassment to the City. The investigation concluded that the City’s decision to bypass competitive procurement and due diligence requirements placed it at risk of financial loss and reputational harm. The OIG issued recommendations aimed at strengthening procurement integrity, including requiring due diligence for all proposed contracts regardless of procurement method, mandating vendor disclosure of bankruptcy filings and outstanding debts, ensuring that all bid waivers are placed on the regular Commission agenda for full discussion, and instituting independent risk assessments whenever procurement safeguards are waived. This case highlighted the need for transparency, accountability, and best procurement practices in all City contracting decisions. 19 Review of Log Cabin Restoration Project The OIG’s review of the demolition and removal of the historic Log Cabin in North Beach was prompted by a resident’s complaint alleging gross negligence, willful misconduct, and breach of fiduciary duty by City officials. While the factual predicate provided by the resident was deemed insufficient to justify a full-blown OIG investigation of the allegations, the OIG recognized that the public interest in this project and its questionable execution justified a review of the City's actions as part of the OIG's ongoing oversight of City programs and expenditures. The OIG found no evidence of intentional misconduct; however, it did find significant procedural failures that denied the Log Cabin a historic designation which may have saved the structure from demolition. With no historic designation and a determination that the Log Cabin was structurally unsound, it was dismantled and its salvageable components stored for future use. No maintenance or repair work was performed on the deconstructed Log Cabin for four years. Funding and restoration efforts were delayed due to project prioritization and difficulties in securing consultants. In 2024, the City Commission moved the project to a higher funding priority and design work began to construct a new Log Cabin incorporating the salvaged materials. The OIG continues to monitor this project. Investigation of Alleged Lobbyist Registration and Contingency Fee Violations on Belle Isle Project The OIG, in collaboration with the Miami Dade Commission on Ethics and Public Trust (COE), reviewed alleged violations of the Miami Beach Code relating to lobbyist registration requirements and prohibited contingency fees. The allegations involved a local developer who agreed to pay the Belle Isle Residents Association (BIRA) $1.2 million in exchange for public support of the developer’s pending project. Representatives of BIRA did not register to lobby prior to their appearances at public hearings related to the zoning change. The COE found that BIRA’s officers, as unpaid neighborhood representatives, were exempt from lobbyist registration, and that there was no evidence of personal compensation constituting a prohibited contingency fee, i.e., a payment to an individual in exchange for that person’s support of a City project conditioned upon the City’s approval of the project. However, the COE found that BIRA representatives failed to file required disclosure forms before contacting City officials, a requirement that had not been enforced previously by the City. The OIG recommended amending the City Code to clarify that contingency fee prohibitions apply to both individuals and entities. Additionally, the OIG encouraged the Commission to pass an Ordinance to require that those lobbyists actively lobbying the City or participating in quasi-judicial hearings file financial and advocacy disclosures. Finally, the OIG recommended that registered associations engaged in lobbying on a quasi-judicial matter should be required to disclose any contribution received from an applicant within two years prior to the lobbying activity with an appropriate penalty for non- disclosure. Following the report, the Commission passed an Ordinance, sponsored by Commissioner David Suarez, strengthening the City’s regulations regarding lobbyist registration, disclosures, and ethical conduct. It ensures that all individuals who engage in lobbying activities are properly registered, reinforces prohibitions on contingency fees, and clarifies enforcement mechanisms. 20 Inquiry into Alleged Prohibited Gift Solicitation/Conflict of Interest Involving a Planning Board Member This matter was initiated following complaints from anonymous sources that a member of the City Planning Board may have solicited a contribution from a developer to a “mobility fund” in connection with the developer’s application for approvals for a proposed development; and that the same individual may have had a voting conflict of interest in voting on matters where he was employed by a not-for- profit entity whose director, who supervised that employee, appeared before the board to lobby on an issue on behalf of the employing entity. A video recording of a portion of the Planning Board meeting where the solicitation allegedly occurred was reviewed by the OIG. Following a lengthy inquiry, it was concluded that under the County Ethics Code the solicitation involved a suggested contribution toward a legitimate City interest that did not involve the Planning Board member’s personal interest, nor would the member’s voting on an issue on which the member’s supervisor was appearing before the board directly affect the member’s personal interest. Therefore, neither issue amounted to a violation of the County Code. However, the OIG, citing the “appearance” of a conflict that can be created where a member of a quasi-judicial board votes on matters on which his/her supervisor and employing entity have taken a public position before the same board on which the member sits, recommended that the City avoid appointments of individuals whose known employment could lead to such situations. Investigation of Alleged Deceptive Conduct in Solicitation of City Employees to Join AFSCME Bargaining Unit This investigation was opened following allegations received by the OIG in an anonymous complaint claiming that representatives of the AFSCME bargaining unit had solicited employees in the Public Works Department who were ineligible for membership in the bargaining unit by leading them to believe that they were eligible to join the unit, resulting in their paying union dues but being unable to enjoy any union benefits. The complaint alleged that the union had done so to regain its lost certification as a bargaining unit due to lack of membership. The OIG located 13 employees who had joined the union under that misapprehension, some of whom had attempted unsuccessfully to obtain refunds from AFSCME. After interviewing the employees as well as union representatives, the OIG determined that there was insufficient evidence to prove any intentional fraud but noted that insufficient or incorrect information had been provided to the employees to regarding their eligibility. After OIG discussions with an attorney for AFSCME regarding this matter, the union agreed to refund the dues paid by the employees and all 13 employees involved were provided refunds. 20 21 GENERAL OBLIGATION BOND OVERSIGHT: FOCUS ON FIRE- STATION #1 The OIG provides periodic reports on its oversight of the City’s 2018 General Obligation Bond (G.O.B.) projects, highlighting trouble spots such as project delays or wasteful practices that may jeopardize completion of planned projects. On September 15, 2025, the OIG documented in detail the City’s wasteful practices in connection with the Fire-Station #1 project. In 2024, a previous OIG report highlighted the importance of ensuring that major City projects proceed without interruptions or modifications once they have reached advanced stages of design or are shovel- ready, citing the Fire-station #1 project. This led to the adoption by the City Commission of a useful "Stop the Pause" Ordinance, establishing more stringent voting thresholds for actions that could pause, delay, stop, or materially modify critical infrastructure projects at advanced stages. Although the Ordinance did not apply to non-infrastructure projects, the OIG supported it as a positive step toward greater fiscal responsibility and suggested that it could be extended in the future to cover additional projects such as Fire-station #1. Fire-station #1 had been identified in 2018 as a critical facility which should be included in the G.O.B. program. Following an extensive review, the Administration identified the South Shore Community Center (SSCC) on 6th Street as the only location which met all the necessary elements, including the ability to withstand a Category 5 hurricane. After nearly two years of design and pre-construction work, a Commission Resolution adopted in September 2023 authorized the mayor to execute an agreement leading to a fully designed and funded project for construction at the SSCC location. Three months later, the City Commission voted to halt the demolition of the SSCC building and instructed the administration to identify alternative locations for Fire-Station #1. In February 2024, the Commission adopted a Resolution directing the City Administration to again study the relocation of the project to a site located at the western boundary of Flamingo Park. At that time, $4,000,000 had already been spent on the project, including $2.1 million allocated in G.O.B. funds. It was determined that moving the project to Flamingo Park would cost an estimated additional $15-$20 million due to costs associated with construction escalation as well as additional design and pre-construction services, increased construction scope, impacts to the track, locker-room building, field house, artificial turf and drainage, plus fees and other incidentals. The Commission was also advised by the City Administration that relocation of the facility to that site could result in at least 24-30 months of project delays from the original project timeline, with a new completion date during the Fall of 2028. [Continued on next page] 21 22 Notwithstanding the increase in costs to relocate the site to Flamingo Park, millions of dollars already spent, expert opinions from staff and consultants, and consistent advocacy from the G.O.B. Oversight Committee in favor of the SSCC location, the Commission voted in June 2024 to proceed with the relocation of Fire-station #1 to the Flamingo Park site. This decision required an amendment to the contract with the design team for an additional $2,611,752, bringing the total amount of the design contract to $4,276,375, which was completed in May 2025. The proposed use of park land also necessitated a countywide referendum, which resulted in a favorable vote on that site. In July 2025, in response to opposition from the Flamingo Park neighborhood, the Commission voted to remove both the Flamingo Park and South Shore Community Center locations from further consideration. The Tranche 1 appropriation from the G.O.B. for the Fire-Station #1 project was $5,746,058. As of the date of the 2025 OIG report, $4,796,766 had been expended and $1,858,869 was encumbered (although on hold) leaving only $477,730 of the Tranche 1 money. The report recommended that the City study the cumulative impact of this practice on project costs and timelines, weigh its costs and benefits, and assess whether there should be changes in the approval process for G.O.B. and other City projects. The OIG report noted that the Fire-station #1 project, with its anticipated impact on the City's ability to plan and execute much-needed future municipal projects, was the most notable example of waste among current G.O.B projects and that, “an honest appraisal and sober cost-benefit analysis” of the project’s status…should now create a consensus for ending the waste.” The report also recommended that the scope of the 2024 "Stop the Pause" Ordinance be expanded to cover more of the major projects undertaken by the City to avoid what occurred with Fire-Station #1. Following the release of the OIG report, the City Commission again took up the Fire-Station #1 issue at its December 17, 2025, meeting. After a lengthy discussion, the Commission voted 7-0 to locate the facility at the original SSCC site on 6th Street recommended by the City Administration in 2018. 22 Current Fire Station Planned Fire Station – 6th street 23 PROCUREMENT OVERSIGHT Contract Procurement is considered among the most vulnerable areas in local government to ethical compromise or corruption. The OIG Contract Oversight Specialist monitors the City’s procurement process with the cooperation of the City’s Procurement Director and staff. This oversight provides close observation and analysis of the bid process, evaluation of submissions, negotiations, and contract award, to promote efficiency and transparency and to ensure that decisions are fair, objective, and without bias or prejudice toward any participant. The OIG uses a Risk Assessment Worksheet for each contract exceeding one million dollars, or which involves a project likely to attract public interest. Each contract examined is scored on nine risk factors related to the nature and conditions of the project or program involved. The OIG calculates and applies the scores to rate each contract as having a high, medium, or low risk level. The OIG notifies key members of the City Administration of contracts with high-risk scores for special managerial oversight. The Contract Oversight Specialist then follows each solicitation throughout the procurement process, monitoring evaluation meetings, bid protests, and awards. The OIG considers the risk scores in determining appropriate contracts for audit, review, investigation, or inspection. The OIG periodically issues reports to the Commission and Administration summarizing risk assessment activity and identifying high-risk contracts in the City. In its most recent report covering the period of February 1, 2025, through November 30, 2025, there were 106 solicitations, 31 with low-risk scores, 9 with medium-risk scores, and 9 with high-risk scores. 24 IN MEMORIAM “Nothing can dim the light that shines from within.” -Maya Angelou Jane Wairimu Sukuro Deputy Chief Auditor Office of the Inspector General, City of Miami Beach October 20, 1964 – May 25, 2025 24 25 CITY CHARTER, SECTION 9.01 The Office of Inspector General is herein established as an independent body to perform investigations, audits, reviews, and oversight of municipal matters including City contracts, programs, projects, and expenditures, in order to identify efficiencies, and to detect, investigate and prevent fraud, waste, mismanagement, misconduct, and abuse of power. The Office shall have the power to subpoena witnesses, administer oaths, and require the production of records, in order to conduct its investigations. The Inspector General shall be appointed by the Ad Hoc Inspector General Section Committee, as further established by ordinance; however, before any appointment by the Ad Hoc Inspector General Section Committee shall become effective, the appointment must be approved by a majority vote of the City Commission. The Inspector General may be removed from office upon a five-sevenths (5/7) vote of the City Commission. Such Office’s appointment, reappointment, term, functions, authority, and powers shall be further established by Ordinance. (Res. No. 2018-30437, 7-25-18, passed by voters 11-6- 18) MIAMIBEACH 25 26