Resolution 2018-30437 RESOLUTION NO. 2018-30437
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A
SPECIAL ELECTION ON NOVEMBER 6, 2018, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE
CITY OF MIAMI BEACH, FLORIDA, A BALLOT QUESTION
ASKING WHETHER THE CITY CHARTER SHOULD BE
AMENDED TO CREATE THE OFFICE OF INSPECTOR
GENERAL, AND ESTABLISH THE OFFICE'S POWERS
(INCLUDING THE POWER TO SUBPOENA WITNESSES,
ADMINISTER OATHS, AND REQUIRE THE PRODUCTION OF
RECORDS), PROVIDED THAT SUCH OFFICE'S
APPOINTMENT, TERM, FUNCTIONS, AND POWERS SHALL
BE FURTHER ESTABLISHED BY ORDINANCE.
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, AS FOLLOWS:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida, and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 6, 2018,
for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
Special Election hereby called, with acceptance of the certification of the results of the Special
Election to be performed by the City Commission. The official returns for each precinct shall be
furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts
have been tabulated.
SECTION 3.
That the voting precincts in the City of this Special Election shall be as established by
the proper and appropriate Miami-Dade County election officials. All electors shall vote at the
polling places and the voting precincts as determined by the Miami-Dade County election
officials.'
' Pursuant to City Code Section 38-3(b), "[t]he City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statutes § 50.031 and on the City's website, the
polling places for the election twice, once in the third week and once in the first week prior to the
week in which the election is to be held."
SECTION 4.
Not fewer than thirty days' notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3
of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED
BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00
P.M. ON NOVEMBER 6, 2018, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
Establishing City of Miami Beach Office of Inspector General
Shall City Charter be amended to create the Office of Inspector General, which shall be
independent and empowered to:
• investigate, audit, review, and oversee municipal matters including City
contracts, programs, projects, and expenditures, in order to identify
efficiencies, and detect, investigate, and prevent fraud, waste,
mismanagement, misconduct, and abuse of power; and
• subpoena witnesses, administer oaths, and require production of records;
provided such Office's appointment, term, functions, and powers shall be further
established by ordinance?
YES
NO
The Notice shall further set forth pertinent information regarding eligibility of electors to
participate in this Election.
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SECTION 6.
That the official ballot to be used in the Special Election to be held on November 6,
2018, hereby called, shall be in substantially the following form, to wit:
OFFICIAL BALLOT
Establishing City of Miami Beach Office of Inspector General
Shall City Charter be amended to create the Office of Inspector General, which shall be
independent and empowered to:
• investigate, audit, review, and oversee municipal matters including City
contracts, programs, projects, and expenditures, in order to identify
efficiencies, and detect, investigate, and prevent fraud, waste,
mismanagement, misconduct, and abuse of power; and
• subpoena witnesses, administer oaths, and require production of records;
provided such Office's appointment, term, functions, and powers shall be further
established by ordinance?
YES
NO
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on October 9, 2018. All
persons eligible to vote in this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
a registered voter shall be responsible for properly filling out the registration form and returning
it to the Miami-Dade County Elections Department. All questions concerning voter registration
should be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue,
Miami, Florida 33172; Telephone: (305) 499-VOTE (8683).
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SECTION 9.
That voters participating via a Vote-by-Mail ballot in this Special Election shall be entitled
to cast their ballots in accordance with the provisions of the Laws of the State of Florida with
respect to such voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
If any section, sentence, clause or phrase of the ballot measure set forth above in this
Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then
the holding shall in no way affect the validity of the remaining portions of the ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 15day of ft I/� , 2018.
ATTEST: o
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Ian Gelber ie.
NJ
Mayor
NJc. { icor
Ra el E. Gr nado
City Clerk
(Sponsored by Mayor Dan Gelber, and co-sponsored by Commissioners John Elizabeth
Aleman, Ricky Arriola, Michael Gongora, Kristen Rosen Gonzalez, Mark Samuelian, and Micky
Steinberg)
r„ APPROVED AS TO
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BALLOT QUESTION AND PROPOSED CITY CHARTER AMENDMENT
NOVEMBER 6, 2018 SPECIAL ELECTION
1. BALLOT QUESTION:
Establishing City of Miami Beach Office of Inspector General
Shall City Charter be amended to create the Office of Inspector General, which shall be
independent and empowered to:
• investigate, audit, review, and oversee municipal matters including City contracts,
programs, projects, and expenditures, in order to identify efficiencies, and detect,
investigate, and prevent fraud, waste, mismanagement, misconduct, and abuse of
power; and
• subpoena witnesses, administer oaths, and require production of records;
provided such Office's appointment, term, functions, and powers shall be further established by
ordinance?
YES
NO
II. PROPOSED AMENDMENT TO CITY CHARTER
ARTICLE II. - CITY COMMISSION
Sec. 2.03. - Powers of the city commission.
The Commission may also investigate the official acts and conduct of any City official, and
by similar investigations may secure information upon any matter. In conducting such
investigations, the Commission may require the attendance of witnesses and the production of
books, papers and other evidence.
The Inspector General shall be appointed by the Ad Hoc Inspector General Selection
Committee, as further established by ordinance; however, before any appointment by the Ad
Hoc Inspector General Selection 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.
The independent City Auditor shall be appointed by the City Commission; both appointment
and removal of the independent City Auditor shall be made by the City Commission. Duties,
method of selection and method of compensation of the independent City Auditor shall be
established by ordinance.
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ARTICLE IX. - OFFICE OF INSPECTOR GENERAL
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 Selection Committee, as further established by ordinance; however, before
any appointment by the Ad Hoc Inspector General Selection 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.
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Resolutions - R7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: July 25, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FORA SPECIAL ELECTION ON NOVEMBER
6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE
CITY OF MIAMI BEACH, FLORIDA, A BALLOT QUESTION ASKING WHETHER
THE CITY CHARTER SHOULD BE AMENDED TO CREATE THE OFFICE OF
INSPECTOR GENERAL, AND ESTABLISH THE OFFICE'S POWERS (INCLUDING
THE POWER TO SUBPOENA WITNESSES, ADMINISTER OATHS, AND
REQUIRE THE PRODUCTION OF RECORDS), PROVIDED THAT SUCH
OFFICE'S APPOINTMENT, TERM, FUNCTIONS, AND POWERS SHALL BE
FURTHER ESTABLISHED BY ORDINANCE.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber and Co-Sponsored by the City Commission
ATTACHMENTS:
Description
❑ Memorandum
o Resolution
Page 1187 of 1464
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAUU. AGURA, CITY ATTORNEY COMMISSION MEMORANDUM
To: Mayor Dan Gelber Date: July 25. 2018
Members of the City Commission
cc: Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk ^
From: Raul J. Aguila, City Attornewc CD
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON
NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A BALLOT
QUESTION ASKING WHETHER THE CITY CHARTER SHOULD BE
AMENDED TO CREATE THE OFFICE OF INSPECTOR GENERAL, AND
ESTABLISH THE OFFICE'S POWERS (INCLUDING THE POWER TO
SUBPOENA WITNESSES, ADMINISTER OATHS, AND REQUIRE THE
PRODUCTION OF RECORDS), PROVIDED THAT SUCH OFFICE'S
APPOINTMENT, TERM, FUNCTIONS, AND POWERS SHALL BE
FURTHER ESTABLISHED BY ORDINANCE.
On December 13, 2017, the Mayor and City Commission referred a discussion to the Finance
and Citywide Projects Committee (the "Committee"), regarding the creation of a City of Miami
Beach Office of Inspector General. Following several discussions by the Committee, and
pursuant to the Committee's direction, the attached Resolution is hereby submitted for
consideration by the City Commission.
The Resolution calls a Special Election on November 6, 2018, to submit to the City's voters a
ballot question asking whether the City Charter should be amended to create the Office of
Inspector General and establish the Office's powers, provided that such Office's appointment,
term, functions, and powers shall be further established by Ordinance. The proposed City
Charter amendment is attached to the Resolution.
If the proposed City Charter amendment is approved by the City's voters on November 6, 2018,
an Ordinance will be presented to the City Commission for its approval.
Page 1188 of 1464