Resolution 2020-31147 RESOLUTION NO. 2020-31147
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE CITY'S INSPECTOR
GENERAL ("IG") TO TAKE THE FOLLOWING ACTIONS REGARDING
THE INTERNAL CITY AUDITS PREVIOUSLY PERFORMED ON THE
CITY'S TWO (2) TOWING PERMITTEES, BEACH TOWING SERVICES,
INC., AND TREMONT TOWING, INC. (WHICH AUDITS ARE STILL IN
"DRAFT", NON-FINAL FORM): (1) TRANSMIT THE DRAFT AUDIT
REPORTS TO THE TOWING PERMITTEES, AND ALLOW THE
PERMITTEES TO PROVIDE ANY COMMENTS, IN WRITING, TO THE IG
NO LATER THAN FEBRUARY 1ST, 2020; (2) FOLLOWING THE
FEBRUARY 1ST "COMMENT PERIOD" DEADLINE, REQUESTING
THAT THE IG TAKE SUCH ACTION(S) AS NECESSARY TO FINALIZE
THE AUDITS, (INCORPORATING, AS THE IG DEEMS NECESSARY,
ANY COMMENTS PROVIDED BY THE TOWING PERMITTEES), BY A
DATE NO LATER THAN FEBRUARY 10, 2020; AND (3) REQUESTING
THE IG TO PLACE A FOLLOW-UP DISCUSSION ITEM REGARDING
THE FINAL TOWING AUDIT REPORTS ON THE FEBRUARY 12, 2010
CITY COMMISSION AGENDA; AND FURTHER EXTENDING CURRENT
TOWING PERMITS OF THE TOWING PERMITTEES, CURRENTLY SET
TO EXPIRE ON FEBRUARY 28, 2020, ON A MONTH-TO-MONTH BASIS
FOR UP TO SIX (6) MONTHS AFTER THE EXPIRATION DATE.
WHEREAS, on or about December, 2018, the City of Miami Beach Internal Auditor
(the "City Auditor")and his staff undertook an audit of the City's two (2)towing permittees,
Beach Towing Services, Inc., and Tremont Towing, Inc. (hereinafter, the "Towing
Permittees"); and
WHEREAS, nearing the end of his auditing process, the City Auditor met with
representatives of the Towing Permittees on March 11, 2019, and May 16, 2019, to
discuss the draft audit reports (hereinafter, the "Draft Audit Reports"), and to receive
feedback, suggested revisions, and/or other comments, as is customary during the City's
internal auditing process; and
WHEREAS, on April 30, 2019, the Miami New Times contacted the City requesting
a copy of the Draft Audit Reports, and was informed that such Reports were still in
progress; not yet finalized; and, therefore, not subject to disclosure under Florida Public
Records law; and
WHEREAS, at the June 5, 2019 City Commission meeting, the Towing Permittees,
through their representatives, appeared before the City Commission to request that, in
lieu of finalizing the Draft Audit Reports, the City retain an outside independent auditing
firm to conduct an audit of the Towing Permittees (with such outside auditor to be
contracted by the City, and paid for by the Towing Permittees); and
WHEREAS, following the discussion, the City Commission voted 4-3 to suspend
the City's internal audit (in progress), and hire an outside auditing firm; and
WHEREAS, in accordance with the City Commission's direction, on or about
October, 2019, the City entered into a contract with RSM US LLP to perform the outside
independent audit of the Towing Permittees; and
WHEREAS, although the independent audits were to have been completed by
December 31, 2019, they have not yet commenced; and
WHEREAS, on November 4, 2019, the Miami New Times initiated a lawsuit
against the City to compel the City to release the Draft Audit Reports; and
WHEREAS, on November 14, 2019, the Eleventh Circuit Court for and in Miami-
Dade County ruled for the Miami New Times, ordering the City to provide the Miami New
Times with the Draft Audit Reports of its internal auditor; and
WHEREAS, the City appealed the ruling to the Third District Court of Appeal, and
filed a motion to stay the Lower Court's order, which was granted on November 19, 2019;
and
WHEREAS, the litigation is still pending; and
WHEREAS, in addition, following successful passage of a ballot question on
November 5, 2019, the Mayor and City Commission amended the City Charter to provide
for the creation of a City of Miami Beach Office of Inspector General ("IG"), to perform,
among other things, investigations, audits, reviews, and oversight of municipal matters;
and
WHEREAS, considering (i) the costly public records lawsuit currently pending in
the Third District Court of Appeal; (ii)the establishment of the Office of Inspector General;
(iii) the fact that the Draft Audit Reports prepared by the City's Internal Auditor were near
completion; and (iv) the outside independent audits have not even commenced, at this
time it would be in the best interest of the City to finalize the Draft Audit Reports previously
prepared by the Internal Auditor; and
WHEREAS, it is imperative that the City proceed to finalize the Draft Audit Reports,
not only in light of the aforestated litigation, but because the City's towing permits with the
Towing Permittees expire on February 28, 2020, and the City Commission should be able
to consider the results and findings of the audit reports prior to, and as a component of,
whether to renew the towing permits with the Towing Permittees; and
WHEREAS, furthermore, the City's current towing permits with the Towing
Permittees, which are set to expire on February 28, 2020, should be extended on a
month-to-month basis for up to six months after the expiration date.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the City's Inspector General ("IC") to take the following actions
regarding the internal City audits previously performed on the City's two (2) towing
permittees, Beach Towing Services, Inc., and Tremont Towing,. Inc. (which audits are still
in "draft", non-final form): (1) transmit the draft audit reports to the Towing Permittees,
and allow the permittees to provide any comments, in writing, to the IG no later than
February 1st, 2020; (2) following the February 1st "comment period" deadline, request
that the IG take such action(s) as necessary to finalize the audits, (incorporating, as the
IG deems necessary, any comments providedby the Towing Permittees), by a date no
later than February 10, 2020; and (3) request the IG to place a follow-up discussion item
regarding the final towing audit reports on the February 12, 2010 City Commission
agenda; and further extend current towing permits of the Towing Permittees, currently set
to expire on February 28, 2020,on a month-to-month basis for up to six (6) months after
the expiration date.
PASSED AND ADOPTED this /S day of J("hkG r --- 020.
ATTEST: - -
riyDan Gr, Mayor
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Rafael . Granado, ity lerk
(Sponsored by Commissioner David Richardson)
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APPROVED AS TO
FORM &:LANGUAGE
- FOR EXECUTION
City Attorney Date
Resolutions-R7 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, CityAttomey
DATE: January 15, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE CITY'S INSPECTOR
GENERAL ("IG") TO TAKE THE FOLLOWING ACTIONS REGARDING THE
INTERNAL CITY AUDITS PREVIOUSLY PERFORMED ON THE CITY'S
TWO (2) TOWING PERMITTEES, BEACH TOWING SERVICES, INC., AND
TREMONT TOWING, INC. (WHICH AUDITS ARE STILL IN "DRAFT", NON-
FINAL FORM): (1) TRANSMIT THE DRAFT AUDIT REPORTS TO THE
TOWING PERMITTEES, AND ALLOW THE PERMITTEES TO PROVIDE
ANY COMMENTS, IN WRITING, TO THE IG NO LATER THAN FEBRUARY
1ST, 2020; (2) FOLLOWING THE FEBRUARY 1ST "COMMENT PERIOD"
DEADLINE, REQUESTING THAT THE IG TAKE SUCH ACTION(S) AS
NECESSARY TO FINALIZE THE AUDITS, (INCORPORATING, AS THE IG
DEEMS NECESSARY, ANY COMMENTS PROVIDED BY THE TOWING
PERMITTEES), BYA DATE NO LATER THAN FEBRUARY 10, 2020;AND (3)
REQUESTING THE IG TO PLACE A FOLLOW-UP DISCUSSION ITEM
REGARDING THE FINAL TOWING AUDIT REPORTS ON THE FEBRUARY
12, 2010 CITY COMMISSION AGENDA.
RECOMMENDATION
Pursuant to the request of Vice-Mayor David Richardson, the above-referenced Resolution is
submitted for consideration by the City Commission at the January 15, 2020 Commission
meeting.
Applicable Area
Not Applicable
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Office of the City Attomey
Sponsor
•
Page 1374 of 1618
Vice-Mayor David Richardson
ATTACHMENTS:
Description
o Resolution
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