Legislative Matter

Miami-Dade Legislative Item
File Number: 110647

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Clerk's Official Copy

File Number: 110647

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-217-11

Control: Board of County Commissioners

File Name: CALL SPECIAL ELECTION CHARTER AMEND INDEPENDENT I.G.

Introduced: 3/22/2011

Requester: NONE

Cost:

Final Action: 3/24/2011

Agenda Date: 3/24/2011

Agenda Item Number:

Notes:

SEE FINAL VERSION 110689 AS ADOPTED. SPECIAL ITEM NO. 17

Title:

RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA TO BE HELD ON TUESDAY, [ ], 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO CREATE THE OFFICE OF INSPECTOR GENERAL WHO SHALL BE INDEPENDENT AND SHALL, AT A MINIMUM, BE EMPOWERED TO PERFORM INVESTIGATIONS, AUDITS, REVIEWS AND OVERSIGHT OF COUNTY CONTRACTS, PROGRAMS, PROJECTS, ABUSE, WASTE AND MISMANAGEMENT AS WELL AS COUNTY FUNDED CONTRACTS, PROGRAMS AND PROJECTS AND PROVIDE INSPECTOR GENERAL SERVICES TO OTHER GOVERNMENTAL ENTITIES WITH SUCH OFFICE’S APPOINTMENT, TERM, POWERS, DUTIES AND RESPONSIBILITIES TO BE FURTHER ESTABLISHED BY ORDINANCE

Indexes:	SPECIAL ELECTION
	INSPECTOR GENERAL
	CHARTER AMENDMENTS

Sponsors:	Joe A. Martinez, Prime Sponsor
	Sally A. Heyman, Co-Sponsor
	Jose "Pepe" Diaz, Co-Prime Sponsor
	Rebeca Sosa, Co-Prime Sponsor
	Sen. Javier D. Souto, Co-Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Dennis C. Moss, Co-Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	3/24/2011	Special Item No. 17	Amended
REPORT:	Note: See Special Agenda Item No. 17 Amended, Legislative File No. 110647 for the amended version.

Board of County Commissioners	3/24/2011	Special Item No. 17 Amended	Adopted as amended				P
REPORT:	Chairman Martinez relinquished the Chair to Vice-Chairwoman Edmonson. Commissioner Martinez acknowledged the Commission for previously supporting his effort for the Office of Inspector General (Inspector General), the Commission on Ethics and Public Trust (Ethics Commission), Commission and the Office of Commission Auditor (Commission Auditor) to have independent budgets. He recommended that the Inspector General be included in the County Charter so that any future Board could not eliminate this Office. It was moved by Commissioner Martinez that the Inspector General be included in the County Charter. This motion was seconded by Commissioner Heyman. Commissioner Bell noted she supported this proposal; however, requested information whether this would pose any additional fiscal impact. County Manager Alina Hudak responded that there would be no additional fiscal impact and that the functions would remain the same other than for a change in jurisdiction under the Charter. Commissioner Moss questioned whether a method existed for the Board to avoid conflicts when the budget requested by the independent Chartered office and the amount approved by the Board differed. County Attorney Robert Cuevas responded that becoming a Chartered office required it to be sufficiently independent. He noted the Board had the authority to control and pass a budget. County Attorney Cuevas said it was the Board’s responsibility to determine the funding level that was reasonably necessary to ensure the Office’s independence; however, this determination could be challenged and become a source of conflict. Commissioner Monestime questioned whether the Board could eliminate a department that was not created by Charter versus one which was created by Charter. County Attorney Cuevas responded that the Board could eliminate a non-chartered department by not funding that department; however, this would not apply to a Chartered office. Commissioner Monestime noted concern with the ongoing financial obligation to fund a newly created Chartered office considering the County’s serious financial condition. Based upon this concern, Commissioner Monestime questioned whether this item required being vetted before making a decision. Commissioner Martinez clarified that the Inspector General was not a new entity and the Office had the ability to inspect, investigate any and all departments including the Board of County Commissioners and the Mayor. It was for this reason Commissioner Martinez noted, he believed the Inspector General needed its independence and that the Inspector General and Ethics Commission should not be eliminated. Commissioner Martinez said the Inspector General provided Board and County department oversight and should be included in the Charter in order to prevent its elimination, irregardless of the County’s budget situation. Commissioner Monestime questioned and County Attorney Cuevas confirmed that County Manager Hudak indicated that there would be no additional fiscal impact to the Inspector General becoming a Chartered office. Vice-Chairwoman Edmonson questioned and County Attorney Cuevas confirmed that the Board established budgets for Chartered offices. County Attorney Cuevas noted the proposed resolution was being approved subject to the inclusion of an election date to be decided upon later in the meeting. There being no further questions or comments, the Board proceeded to vote on the foregoing resolution as amended to include the election date to be decided upon later in the meeting. Chairman Martinez resumed the Chair. Later in the meeting, it was moved by Commissioner Sosa that the Special Election on the proposed Charter Amendment be held on May 24, 2011. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 12-0.

County Attorney	3/22/2011		Assigned	Oren Rosenthal

Legislative Text

TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA TO BE HELD ON TUESDAY, [ ], 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO CREATE THE OFFICE OF INSPECTOR GENERAL WHO SHALL BE INDEPENDENT AND SHALL, AT A MINIMUM, BE EMPOWERED TO PERFORM INVESTIGATIONS, AUDITS, REVIEWS AND OVERSIGHT OF COUNTY CONTRACTS, PROGRAMS, PROJECTS, ABUSE, WASTE AND MISMANAGEMENT AS WELL AS COUNTY FUNDED CONTRACTS, PROGRAMS AND PROJECTS AND PROVIDE INSPECTOR GENERAL SERVICES TO OTHER GOVERNMENTAL ENTITIES WITH SUCH OFFICE�S APPOINTMENT, TERM, POWERS, DUTIES AND RESPONSIBILITIES TO BE FURTHER ESTABLISHED BY ORDINANCE

BODY

WHEREAS, Section 2-1076 of the Code of Miami-Dade County currently provides for an Office of the Inspector General; and
WHEREAS, the current Office of Inspector General is not provided for by the Miami-Dade County Home Rule Charter (�Charter�); and
WHEREAS, the amendment of the Charter to create an Office of Inspector General shall provide additional independence and authority to the Office of the Inspector General; and
WHEREAS, it is in the interest of the citizens of Miami-Dade County to have an Independent Office of the Inspector General to investigate County and County funded contracts, programs, projects, abuse, waste and mismanagement,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. A countywide special election is hereby called and shall be held in Miami-Dade County, Florida on Tuesday, [ ], 2011, for the purpose of submitting to the qualified electors of Miami-Dade County the proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof.
Section 2. Notice of such election shall be published in accordance with Section 100.342, Florida Statutes.
Section 3. The result of such election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such election. All qualified electors of Miami-Dade County, Florida shall be entitled to vote at said election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until twenty-nine (29) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of general election laws. The question shall appear on the ballot in substantially the following form:
HOME RULE CHARTER AMENDMENT
ESTABLISHING INDEPENDENT INSPECTOR GENERAL

SHALL THE CHARTER BE AMENDED TO CREATE THE OFFICE OF INSPECTOR GENERAL WHO SHALL BE INDEPENDENT AND SHALL, AT A MINIMUM, BE EMPOWERED TO PERFORM INVESTIGATIONS, AUDITS, REVIEWS AND OVERSIGHT OF COUNTY CONTRACTS, PROGRAMS, PROJECTS, ABUSE, WASTE AND MISMANAGEMENT AS WELL AS COUNTY FUNDED CONTRACTS, PROGRAMS AND PROJECTS AND PROVIDE INSPECTOR GENERAL SERVICES TO OTHER GOVERNMENTAL ENTITIES WITH SUCH OFFICE�S APPOINTMENT, TERM, POWERS, DUTIES AND RESPONSIBILITIES TO BE FURTHER ESTABLISHED BY ORDINANCE?

YES

NO

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of general election laws.
Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this question. The form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws.
Section 8. This special election on the proposal aforesaid shall be held and conducted in accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The County Mayor or his or her designee, the Finance Director, and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This election shall be a nonpartisan election. Election officials in connection with this election shall be appointed in accordance with the provisions of general election laws.
Section 9. This election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 3.07 of the Home Rule Charter.
MIAMI-DADE COUNTY HOME RULE CHARTER

ARTICLE-91

GENERAL PROVISIONS

* * *

>>SECTION 9.11. INSPECTOR GENERAL.

There is hereby created and established an Office of the Inspector General. The Inspector General shall head the Office of the Inspector General. The minimum qualifications, term, powers, duties and responsibilities of the Inspector General as well as the organization of the Office of the Inspector General shall be set forth by Ordinance. Such Ordinance shall, at a minimum, provide that: (1) the Office of Inspector General be sufficiently independent to assure that no interference or influence external to the Office adversely affects the independence and objectivity of the Inspector General; (2) the Office of the Inspector General be empowered to perform investigations, audits, reviews and oversight of County contracts, programs, projects, abuse, waste and mismanagement as well as County funded contracts, programs and projects; and (3) the Office of Inspector General be empowered to provide inspector general services to other governmental entities and municipalities upon the approval of a request to provide such services by a majority of the Board of County Commissioners.<<

1Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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