Office of Inspector General Ordinance 1.16.19ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE IV, ENTITLED
"OFFICERS AND EMPLOYEES," BY CREATING DIVISION 5,
ENTITLED "OFFICE OF INSPECTOR GENERAL," TO CREATE
THE CITY OF MIAMI BEACH OFFICE OF INSPECTOR
GENERAL; ESTABLISH THE MINIMUM QUALIFICATIONS,
APPOINTMENT, AND TERM OF OFFICE; ESTABLISH AN AD
HOC INSPECTOR GENERAL SELECTION COMMITTEE;
PROVIDE FOR A CONTRACT OF EMPLOYMENT; DEFINE THE
FUNCTIONS, AUTHORITY, AND POWERS OF THE OFFICE;
PROVIDE THAT THE INSPECTOR GENERAL SHALL SERVE
AS THE CITY'S INTERNAL AUDITOR; PROVIDE FOR
PHYSICAL FACILITIES AND STAFFING; ESTABLISH A
PROCEDURE FOR ISSUANCE OF REPORTS AND
RECOMMENDATIONS; PROVIDE FOR AN ANNUAL BUDGET;
REQUIRE ANNUAL REPORTING; PROVIDE FOR REMOVAL OF
THE INSPECTOR GENERAL; PROVIDE FOR THE AMENDMENT
OR REPEALER OF THIS ORDINANCE; AND PROVIDE FOR
ABOLITION OF THE OFFICE; AND PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") is committed to high standards of ethics,
transparency, and accountability; and
WHEREAS, Section (A)(18) of the Citizens' Bill of Rights declares that "[t]he public's
confidence and trust in City of Miami Beach operations and government must meet the most
demanding ethical standards and demonstrate the highest level of achievement in its adherence
to ethics laws. City of Miami Beach officials and employees are agents of the people and hold
their positions for the benefit of the public—as public servants, they are to observe in their official
acts a high standard of conduct and to discharge faithfully the duties of their office regardless of
personal considerations and interests, recognizing that promoting the public interest and
maintaining the respect of the people in their government must be of foremost concern. In
upholding the values of accountability and responsibility, all city officials and employees shall
abide by applicable codes of ethical conduct, and be subject to all penalties provided for in such
regulations"; and
WHEREAS, City Charter Section 2.03 authorizes the City Commission to "investigate the
official acts and conduct of any City official, and by similar investigations may secure information
upon any matter"; and
WHEREAS, on November 6, 2018, the City's voters approved an amendment to the City
Charter, creating Article IX, which creates the City of Miami Beach Office of Inspector General;
establishes the functions of the office; provides the Inspector General with the power to subpoena
witnesses, administer oaths, and require production of records, in order to conduct its
investigations; and provides that the Inspector General's appointment, term, functions, authority,
and powers shall be further established by Ordinance; and
WHEREAS, the purpose of the Office of Inspector General is to identify efficiencies, and
to detect and prevent fraud, waste, mismanagement, misconduct, and abuse of power in the City
of Miami Beach; and
WHEREAS, in light of the policies stated above, the Mayor and City Commission now
desire to implement the provisions of the newly created Article IX of the City Charter, entitled
"Office of Inspector General," by adopting the City Code amendments set forth herein.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Division 5, entitled "Office of Inspector General," of Article IV, entitled "Officers and
Employees," of Chapter 2, entitled "Administration," of the Miami Beach City Code, is hereby
created to state as follows:
CHAPTER 2
ADMINISTRATION
Article IV. Officers and Employees
Division 5. Office of Inspector General
Sec. 2-276. Office of Inspector General.
Created and established. The City of Miami Beach Office of Inspector General is hereby
created 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 and prevent fraud, waste, mismanagement, misconduct,
and abuse of power. For purposes of this section, the Office of Inspector General shall be
referred to as the Office. The Inspector General shall head the Office. The organization and
administration of the Office shall be sufficiently independent to assure that no interference or
influence external to the Office adversely affects the independence and objectivity of the
Inspector General.
ill) Minimum qualifications, appointment, and term of office.
Minimum qualifications. The Inspector General shall be a person who:
Lq) has at least ten (10) years of cumulative experience in any one or in any
combination, of the following professions or fields:
federal, state, or local government attorney;
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(ii) progressive supervisory experience in an investigative public agency
similar to an inspector general's office'
iii) federal, state, or local law enforcement officer; and/or
Ly) federal or state court judge;
IL) has at a minimum, a four-year degree from an accredited institution of higher
learning:
L) has demonstrated the ability to work with local, state, and federal law enforcement
agencies and the judiciary;
f) has managed and completed complex investigations involving allegations of
fraud, waste, mismanagement, misconduct, and abuse of power
has not been employed by the City (in any capacity other than as the City's
Inspector General, or as a member of the Office management personnel) during
the two (2) year period immediately prior to appointment;
Lf) has significant operational and/or audit experience, at least five (5) years of which
is in the public sector
(q) has not been found guilty of or entered a plea of nolo contendere to any felony
or any misdemeanor involving a breach of public trust; and
11.1] has not been subject to any finding of a violation, or any other enforcement action
by the Miami-Dade County Commission on Ethics and Public Trust or the Florida
Commission on Ethics.
L) Appointment. The Inspector General shall be appointed by the Ad Hoc Inspector
General Selection Committee (hereinafter referred to as the Selection Committee).
Before any appointment by the Selection Committee shall become effective, the
appointment must be approved, at the next regularly scheduled City Commission
meeting after the appointment, by a majority vote of the City Commission. In the event
that the appointment is not approved by the City Commission, the appointment shall
become null and void and the Selection Committee shall promptly make a new
appointment, which shall likewise be submitted for approval by the City Commission.
The Selection Committee shall be composed of seven (7) members selected as follows:
(a) The State Attorney in and for the Eleventh Judicial Circuit of Florida
(b) The Miami-Dade County Inspector General;
(c) The Executive Director of the Miami-Dade Commission on Ethics and Public Trust
14) The City Attorney',
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(e) A member of the City's Audit Committee, who shall be selected by majority vote of
the Audit Committee; and
11) Two (2) members with at least five (5) years of experience in a senior management
position in the fields of accounting or general business, each of whom shall be
selected by majority vote of the City Commission.
The members of the Selection Committee shall elect a chairperson who shall serve as
chairperson until the Selection Committee's appointment of the Inspector General is
approved by the City Commission. The Selection Committee shall select the Inspector
General from a list of qualified candidates submitted by the City Manager's designee
who shall be the City's Human Resources Director.
a) Term. The Inspector General shall be appointed for a term of four (4) years. In case of
a vacancy in the position of Inspector General, the City Commission shall promptly
appoint a qualified member of the Office management personnel as Interim Inspector
General, until such time as a successor Inspector General can be appointed, in the
manner described in subsection (b)(2) above. Any successor appointment made by the
Selection Committee as provided in subsection (b)(2) shall be for a full four-year term.
At least 30 days prior to the expiration of each term, the City Commission may, by
majority vote, re-appoint the Inspector General to another term. In the event that the
City Commission fails to re-appoint the Inspector General prior to the expiration of a
term the City Commission shall reconvene the Selection Committee to appoint an
Inspector General, in the manner described in subsection (b)(2). Nothing herein shall
be construed to prevent the incumbent Inspector General from submitting his or her
name to the Selection Committee as a candidate to be considered for appointment.
L) Staffing of Selection Committee. The City Manager's designee, who shall be the Human
Resources Director, shall provide staffing to the Selection Committee; shall advertise
as necessary, the acceptance of resumes for the position of Inspector General; and
shall provide the Selection Committee with a list of qualified candidates. The Human
Resources Director shall also be responsible for ensuring that background screening
investigations are conducted on any candidate selected for interview by the Selection
Committee. The results of the background screening investigations shall be provided
to the Selection Committee prior to the interview of candidates.
fp] Contract. The City Attorney shall negotiate a contract of employment with the Inspector
General, except that before any contract shall become effective, the contract must be
approved by majority vote of the City Commission.
Functions, authority, and powers.
a) The Office shall have the authority to conduct any reviews, audits, or investigations
relating to any past, present, and proposed City contracts, programs, projects, and
expenditures.
j) The Office shall be authorized to conduct any reviews, audits inspections, or
investigations relating to City departments, agencies, boards, and committees.
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a) The Office shall have the power to require reports from the City Manager, City
departments, City agencies, boards, and committees, and City officers and employees
regarding any matter within the jurisdiction of the Inspector General.
0_) The Inspector General shall, subject to the provisions in subsections (d)(4)(a) and
(d)(4)(b) below, have the power to subpoena witnesses, administer oaths, and require
the production of records regarding any matter within the jurisdiction of the Office. In
the case of a refusal to obey a subpoena issued to any person, the Inspector General
may make application to any circuit court of this State which shall have jurisdiction to
order the witness to appear before the Inspector General and to produce evidence, if
so ordered, or to give testimony related to the matter in question.
(a) Prior to issuing a subpoena, the Inspector General shall notify the State Attorney
and the U.S. Attorney for the Southern District of Florida. The Inspector General
shall not interfere with any ongoing criminal investigation of the State Attorney
and/or the U.S. Attorney for the Southern District of Florida, where the State
Attorney and/or the U.S. Attorney has explicitly notified the Inspector General, in
writing, that the Inspector General's investigation is interfering with an ongoing
criminal investigation.
(b) The subpoena power set forth in this subsection (d)(4) shall not extend to
subpoenas to law enforcement officers in connection with investigations of
complaints against them.
(5) The Inspector General shall have the power to report and/or recommend to the City
Commission and/or City Manager whether a particular project or program is, or was
necessary and, if deemed necessary, whether the method used for implementinq the
project or program is, or was, efficient both financially and operationally. Any review of
a proposed project or program shall be performed in such a manner as to assist the
City Commission and City Manager in determining whether the project or program is
the most feasible or efficient solution to a particular need or problem. Monitoring of an
existing project or program may include reporting whether the project is on time, within
budget, and in conformity with plans, specifications, and applicable law.
Op The Office shall have the power to analyze the need for, and the reasonableness of,
proposed change orders.
L'D The Inspector General may, on a random basis, perform audits, inspections, and
reviews of all current City contracts.
oi The Inspector General is empowered to conduct investigations that may result in
referrals to law enforcement agencies and/or criminal investigations - provided
however, as follows:
(a) In the event that the Inspector General detects corruption or fraud, the Inspector
General shall promptly notify all appropriate law enforcement agencies.
Subsequent to notifying the appropriate law enforcement agency or agencies, the
Inspector General may assist each law enforcement agency in concluding the
investigation.
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(b) In the event that the Inspector General detects a violation of any of the ordinances
within the jurisdiction of the Miami-Dade County Commission on Ethics and Public
Trust (hereinafter referred to as the Ethics Commission), the Inspector General will
promptly refer the matter to the Ethics Commission.
n As applicable to the City's procurement of goods and services, the Inspector General
shall have the power to audit, investigate, monitor, inspect, and review the operations
activities, performance, and procurement process (including, but not limited to
establishment of bid specifications, bid submittals, past contract performance, and
other activities) of a bidder, contractor, subcontractor, consultant, or subconsultant, or
any such entity's officers, agents, employees, or lobbyists, as well as any such related
activities of City staff, in order to ensure compliance with bid and contract specifications
and to detect and prevent fraud, waste, mismanagement, misconduct, and abuse of
power.
(10) The Inspector General shall be notified, in writing, prior to any meeting of a selection
committee where any matter relating to the procurement of goods or services by the
City is to be discussed. The notice required by this subsection (d)(10) shall be given to
the Inspector General as soon as possible after a meeting has been scheduled, but in
no event later than twenty-four (24) hours prior to the scheduled meeting. The Inspector
General may, at the Inspector General's discretion, attend all City meetings relating to
the procurement of goods or services as provided herein, and, in addition to the
exercise of all powers conferred by this section, may pose questions and raise concerns
consistent with the functions, authority, and powers of the Inspector General.
(11) The Inspector General may review, audit, or investigate any expenditure of City funds
in excess of $50,000.
(12) The Inspector General may investigate any matter involving an allegation of misconduct
by an employee or public officer, subject to the referral provisions of subsection (d)(8)
hereof.
(13) The Inspector General shall have the power to review and investigate any complaint
filed by a member of the City Commission, the City Manager, or any member of the
public, regarding a City contract, program, project, expenditure, or City employee or
public officer.
(14) With the exception of the internal audit functions enumerated in subsection (e), and the
General Obligation Bond Program functions enumerated in subsection (f), both of which
must be performed, the Inspector General may exercise any of the powers set forth in
this section upon the Inspector General's own initiative. However, the Inspector General
shall utilize best efforts to perform its investigations, audits, reviews, and oversight in
accordance with the following order of precedence: (i) referrals from the City
Commission, (H) requests by the City Manager, (iii) complaints submitted by members
of the public, and (iv) matters initiated by the Inspector General.
(15) The Inspector General shall have the authority, subject to budgetary allocation by the
City Commission, to retain and coordinate the services of other professionals (except
for legal services, which shall be provided and or retained by the Office of the City
Attorney), as required when, in the Inspector General's discretion, the Inspector
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General concludes that such services are needed to perform the duties and functions
enumerated in subsection (d) herein. Any such retention and/or procurement of
services shall be coordinated through the City's Procurement Department.
Internal audit. The Inspector General shall serve as the City's internal auditor and, in such
capacity, shall, at a minimum, perform the following functions:
) audits required by the City Code, State law, or a City contract to be performed by the
internal auditor
12i parking-related audits'
Di resort tax audits'
(4) audits of franchise waste fees; and
L5i any other audit requested by the City Commission or City Manager.
(f) General Obligation Bond Program. The Inspector General shall review, audit, inspect, and
investigate City contracts, programs, projects, procurements, and expenditures associated
with the City's General Obligation Bond Program.
(q) Physical facilities and staff.
The City Manager shall provide the Office with appropriately located office space and
sufficient physical facilities, together with necessary office supplies, equipment and
furnishings, to enable the Office to perform its functions.
gp The Inspector General shall have, subject to annual budgetary allocation by the City
Commission, the power to appoint, employ, and remove such employees, consultants,
and/or independent contractors as deemed necessary for the efficient and effective
administration of the activities of the Office. All such employees shall be City employees
and, accordingly, the Office's personnel-related matters shall be coordinated through
the City's Human Resources Department.
Lb] Procedure for finalization of reports and recommendations which make findings as to the
person or entity being reviewed or inspected. Notwithstanding any other provision of this
section, whenever the Inspector General concludes a report or recommendation which
contains findings as to the person or entity being reported on, or who is the subject of the
recommendation, the Inspector General shall provide the affected person or entity a copy
of the report or recommendation, and such person or entity shall have thirty (30) working
days to submit a written explanation or rebuttal of the findings before the report or
recommendation is finalized, and such timely submitted written explanation or rebuttal shall
be attached to the finalized report or recommendation. The requirements of this subsection
(h) shall not apply when the Inspector General, in conjunction with the State Attorney and/or
U.S. Attorney, determines that supplying the affected person or entity with such report will
jeopardize a pending criminal investigation.
fp Budget. The Inspector General's budget is subject to annual approval of the City
Commission, in conjunction with its annual budget process. Within sixty (60) days of
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appointment, the Inspector General shall submit a proposed annual budget to the City
Commission covering the City fiscal year following the year in which the Inspector General
is appointed. In each subsequent City fiscal year, the Inspector General shall submit a
proposed budget to the City Commission in accordance with the City's regular budget
process. Each proposed budget shall include a reasonable estimate of operating and capital
expenditures of the Office. The City Commission shall provide sufficient funds, as
determined by the City Commission, for the Inspector General to carry out his or her duties
in an efficient manner.
LD Reporting requirements. The Inspector General shall annually prepare and submit to the
City Commission a written report concerning the work and activities of the Office including
but not limited to, detailed results of the Office's investigations, audits, and reviews; the
financial impact of the Office's activities; and statistical information regarding the disposition
of closed investigations, audits and other reviews. In addition to the foregoing, the Inspector
General shall, at least quarterly, prepare and submit to the City Commission a written report
concerning the planning and execution of the General Obligation Bond Program including
but not limited to, progress reports, financial analyses, and potential risks.
(k) Removal. The Inspector General may be removed from office upon the affirmative vote of
fa majority OR five-sevenths (517)1 of the members of the City Commission.
Amendment or repealer. Any amendment to this section which, whether through
amendment, exemption, repeal, or otherwise, reduces the powers and duties of the Office
of Inspector General, or creates less stringent standards or regulations, shall require the
affirmative vote of [a majority OR five-sevenths (5/7)1 of the members of the City
Commission.
(m) Abolition of the Office. Notwithstanding the provisions of subsection (j), the Office is created
pursuant to Article IX of the City Charter and, therefore, the Office may only be abolished
upon approval by a majority vote of the City's voters voting in a Citywide referendum.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
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re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on
PASSED and ADOPTED this day of , 2019.
ATTEST:
Dan Gelber
Mayor Rafael E. Granado
City Clerk
(Sponsored by the Mayor and City Commission)
Underline denotes additions
Strike-th-rough denotes deletions
FAATTO\KALWORDINANCES\Office of Inspector General - Jan 2019.docx
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