Ordinance 2025-4706 ORDINANCE NO. 2025-4706
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE IV, ENTITLED "OFFICERS AND EMPLOYEES,"
BY AMENDING DIVISION 5 THEREOF, ENTITLED "OFFICE OF
INSPECTOR GENERAL", BY AMENDING SECTION 2-256 THEREOF, .
ENTITLED "OFFICE OF INSPECTOR GENERAL",TO AUTHORIZE
"RED FLAG" REVIEW BY THE OFFICE OF THE INSPECTOR
GENERAL OF PROPOSED OR IMPENDING CITY ACTION; AND,
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City's Finance and Economic Resiliency Committee ("FERC") discussed
the proposed "Red Flag" ordinance and passed a motion to forward the ordinance to the full City
Commission with a favorable recommendation at its October 18, 2024 meeting; and
WHEREAS,the proposed ordinance amends City Code Section 2.256(d)to add additional
responsibilities for the Office of the Inspector General ("OIG"), to include notifying the City
Commission and/or City Administration when any proposed or impending City action would result
in a violation of City policies or rules, or governing law, or when such action would result in waste,
fraud, abuse, or inefficiency; and
WHEREAS, the Mayor and City Commission find that OIG monitoring of proposed or
impending acts of the City, through either the City Commission or the City Administration, adds a
valuable additional tool to ensure the provision of lawful, ethical, and efficient provision of
government services to the residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 2.256 of Article IV, of Chapter 2 of the City Code, entitled "Administration,"
is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE IV. OFFICERS AND EMPLOYEES
* * *
Sec. 2.256. Office of inspector general.
* * *
(d) Functions, authority, and powers.
* * *
(16) The Inspector General shall notify members of the City Commission and/or City
Administration whenever the Inspector General has concluded, after consultation
with the City Attorney, that an action expected to be taken by the City Commission,
or by any official or employee of the city, would violate any city policy, procedure,
ordinance or other applicable law unless such notice would interfere with an ongoing
criminal investigation or ongoing litigation matter or adversarial administrative
proceeding. The notice may be made orally or in writing in such form and detail as
the Inspector General shall determine will best serve the interests of the City.
(17) The Inspector General shall notify members of the City Commission and/or City
Administration whenever the Inspector General has conclusively determined that
any item appearing on a meeting agenda of the City Commission or any of its
committees will have a significant negative impact involving waste, fraud, abuse, or
inefficiency in connection with any city program, project, contract, or expenditure,
and the notice could serve to avoid or diminish such impact. The notice may be
made orally or in writing in such form and detail as the Inspector General shall
determine will best serve the interests of the City.
(18) The Inspector General shall respond, publicly or privately, to any inquiry made by
any member of the City Commission or any other city official regarding any city
matter whenever, in the judgment of the Inspector General, such response would
serve to support or promote integrity and efficiency in city operations without
interfering with an ongoing investigation, audit, inspection, review or any matter
requiring confidentiality.
(19) The Inspector General shall exercise the functions, authority, and powers provided
for in this section in such a manner that will assist the City Commission and City
Manager in protecting the public trust while carrying out their respective duties under
the City Charter, and maintain the independence of the Office of the Inspector
General pursuant to the City Charter and the Independence Standard for Offices of
Inspector General established by the Association of Inspectors General.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the Miami
Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish
such intention, and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect 10 days after passage.
PASSED AND ADOPTED this (? day of march. , 2025.
ATTEST:
teven Meiner, Mayor
-74
MAR 2 0 2025
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Alex J. Fernandez)
APPROVED AS TO
FORM & LANGUAGE
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- A.-' City Attorney RPR Date
Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: March 19, 2025 9:25 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY
CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE IV, ENTITLED
"OFFICERS AND EMPLOYEES," BY AMENDING DIVISION 5 THEREOF,
ENTITLED "OFFICE OF INSPECTOR GENERAL", BY AMENDING SECTION 2-
256 THEREOF, ENTITLED "OFFICE OF INSPECTOR GENERAL," TO
AUTHORIZE "RED FLAG" REVIEW BY THE OFFICE OF THE INSPECTOR
GENERAL OF PROPOSED OR IMPENDING CITY ACTION; AND, PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The proposed ordinance is presented for the consideration on first reading by the sponsor,
Commissioner Alex Fernandez.
The City's Finance and Economic Resiliency Committee ("FERC") discussed the proposed "Red
Flag" ordinance and passed a motion to forward the ordinance to the full City Commission with a
favorable recommendation at its October 18, 2024 meeting.
The proposed ordinance amends City Code Section 2.256(d)to add additional responsibilities for
the Office of the Inspector General ("OIG"), to include notifying the City Commission and/or City
Administration when any proposed or impending City action would result in a violation of City
policies or rules, or governing law, or when such action would result in waste, fraud, abuse, or
inefficiency.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 3/6/2025
See BIE at: https_ ://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
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•
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Condensed Title
9:25 a.m. 2nd Rdg, OIG "Red Flag" Ordinance. (Fernandez) CA
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 2/26/2025 — R5 K
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* , {* -
FcroR Joseph M.Centorino.Inspector General
TO: Finance and Economic Resiliency ittee Members
FROM: Joseph Centorino, Inspector Gener
DATE: October 8,2024
RE: OIG Comments on Proposed Red g Ordinance C4J
OIG No. 24-23
This item involves a proposal of Vice-Mayor Alex Fernandez that was referred to the Finance and
Economic Resiliency Committee ((FERC)that would enact a Red Flag Ordinance requiring the
Office of the Inspector General to review City Commission agendas and make recommendation
concerning all agenda items that would likely result in an expenditure greater than$100,000.
The OIG values the opportunity to express its views on issues of importance in the City falling
within its mandate to ferret out waste,fraud,abuse and inefficiency.It does so regularly in audits,
investigations, reviews and inspections carried out by OIG staff, resulting in written reports with
findings on matters to which it has dedicated significant research.Final reports generated in this
fashion are usually forwarded directly to the City Commission with affected members of the City
Administration copied. As public records, they are also accessible on the OIG website and are
made available to the public as well as the media.
The OIG follows the procedural requirements set out in the City's enabling ordinance for the 0IG,
which requires that reports containing findings affecting any party be provided in draft form to
such parties who may provide written responses to the reports within 30 working days. Such
responses are attached to or incorporated within the reports before they are finalized and made
public.The OIG also follows the Independence Standard for Offices of Inspector General set out
in the Principles and Standards for Offices of Inspectors General,"established by the Association
of Inspectors General. Key provisions of these guidelines are intended to ensure that an OIG
maintain its independence as an oversight agency that is not under the direct control or influence
of the governing body of an agency or its administration.
The OIG's independence requires as a corollary to its function that it maintain a separation
between its oversight work and managerial decisions of the City Administration. While it may
comment as it deems appropriate on issues under consideration,as well as specific proposals or
decisions that may address such issues, it must do so in a way that does not compromise its
independence.Any given policy, program,contract,or expenditure may at some point fall within
its purview and be subject to an OIG analysis and report. However, the OIG maintains no
administrative decision-making or policy-making authority, and it is not suitable for an OIG to
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critically review any administration decision or Commission policy proposal in which it played an
authoritative role.
Additionally, the OIG must maintain strict confidentiality on information pertaining to certain
investigative and/or audit matters for it to properly perform its functions. On such matters, no
comment may be made to anyone not authorized to receive the confidential information,which
may preclude even an acknowledgement of the existence of any given investigation or audit to a
public official.
With these parameters in mind, the OIG met on more than one occasion with the Vice-Mayor,
who proposed the Red Flag Ordinance,as well as with the City Attorney,to work on the wording
of an ordinance that would fulfill the beneficial intention of the original proposal to maximize the
value that the OIG may add to the City Commission and Administration consideration of matters
within OIG authority, but also maintain its independence and not stretch its limited resources
beyond what is available to it.
The attached amendment to the OIG's enabling ordinance provides four separate means of
accomplishing the stated intent of the original proposed ordinance for the OIG,within appropriate
procedural guidelines,to take the following actions:
(1) Notify members of the City Commission and/or City Administration regarding the violation
of any city policy,procedure,ordinance or law.
(2) Notify members of the City Commission and/or City Administration regarding agenda
items that may pose a significant negative impact involving waste, fraud, abuse or
inefficiency.
(3) Respond to an inquiry made by a member of the City Commission or any other City official.
(4) Assist the City Commission and City Manager in carrying out their respective duties under
the City Charter.
It should be noted that the OIG has taken some of these actions in the past without the benefit of
these more specific guidelines.The adoption of these provisions will provide the basis for the OIG •
to expand its mission within these stated guidelines in a way that will further promote the City's
commitment to high standards of transparency, accountability, and integrity, as well as protect
the OIG's independence under the City Charter.
OFFICE OF THE INSPECTOR GENERAL.City of Miami Beach
1 130 Washington Avenue,6'^Floor,Miami Beach,FL 33139
Tel:305.673.7020• Fax:305.587.2401 • Hotline:786.897.1111
tmail:CitvofMiamiBeachOlGreSmiamibeOChE.00v
Websile:www,mbinspectorgeneral.com
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