OIG Ordinances
Pertinent OIG
Related Legislation in the Code of Miami-Dade County
The OIG's primary statutory
authority is codified in Section 2-1076 of the Code of Miami-Dade
County. The Code Section, as reprinted below, includes the most recent
amendments made to the OIG's authority.
Additional references to the OIG's statutory authority are found throughout
the Code of Miami-Dade County, which can be accessed here:
[link to www.municode.com]
Sec. 2-1076. Office
of the Inspector General.
- Created and
Established.
- Minimum Qualifications,
Appointment and Term of Office.
- Contract.
- Functions,
Authority and Powers.
- Physical Facilities
and Staff.
- Procedure
for Finalization of Reports and Recommendations Which Make Findings
as to the Person or Entity being Reviewed or Inspected.
- Reporting.
- Removal.
- Abolition
of the Office.
- Effective
Term.
(a)
Created and Established. There is hereby created
and established the Office of Miami-Dade County Inspector General. The
Inspector General shall head the Office. The organization and administration
of the Office of the Inspector General 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.
(b) Minimum
Qualifications, Appointment and Term of Office.
(1) Minimum qualifications. The Inspector General
shall be a person who:
(a) Has at least ten
(10) years of experience in any one, or combination of, the following
fields:
(i) as a Federal,
State or local Law Enforcement Officer;
(ii) as a Federal
or State court Judge;
(iii) as a Federal,
State or local government attorney;
(iv) progressive
supervisory experience in an investigative public agency similar
to an inspector general's office;
(b) Has managed and
completed complex investigations involving allegations of fraud, theft,
deception and conspiracy;
(c) Has demonstrated the ability to work with local, state and federal
law enforcement agencies and the judiciary; and
(d) Has a four-year degree from an accredited institution of higher
learning.
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(2) Appointment. The Inspector General shall
be appointed by the Ad Hoc Inspector General Selection committee ("Selection
Committee"), except that before any appointment shall become effective,
the appointment must be approved by a majority of the whole number
of members of the Board of County Commissioners at the next regularly
scheduled County Commission meeting after the appointment. In the
event that the appointment is disapproved by the County Commission,
the appointment shall become null and void, and the Selection Committee
shall make a new appointment, which shall likewise be submitted for
approval by the County Commission. The Selection Committee shall be
composed of five members selected as follows:
(a) The State Attorney
of the Eleventh Judicial Circuit for Miami-Dade County;
(b) The Public Defender
of the Eleventh Judicial Circuit for Miami-Dade County;
(c) The Chairperson
of the Miami-Dade Commission on Ethics and Public Trust;
(d) The President
of the Miami-Dade Police Chief's Association; and
(e) The Special Agent
in charge of the Miami Field Office of the Florida Department of
Law Enforcement.
The members of the
Selection Committee shall elect a chairperson who shall serve as chairperson
until the Inspector General is appointed. The Selection Committee
shall select the inspector General from a list of qualified candidates
submitted by the Miami-Dade County Employee Relations Department.
(3) Term. The Inspector General shall be
appointed for a term of four years. In case of a vacancy in the position
of Inspector General, the Chairperson of the Board of County Commissioners
may appoint the deputy inspector general, assistant inspector general,
or other Inspector General's office management personnel as interim
Inspector General until such time as a successor Inspector General
is appointed in the same manner as described in subsection (b)(2)
above. The Commission may be majority vote of members present disapprove
of the interim appointment made by the Chairperson at the next regularly
scheduled County Commission meeting after the appointment. In the
event such appointment shall be disapproved by the County Commission,
the appointment shall become null and void and, prior to the next
regularly schedule Commission meeting, the Chairperson shall make
a new appointment which shall likewise be subject to disapproval as
provided in this subsection (3). Any successor appointment made by
the Selection Committee as provided in subsection (b)(2) shall be
for the full four-year term.
Upon
expiration of the term, the Board of County Commissioners may by majority
vote of members present reappoint the Inspector General to another
term. In lieu of reappointment, the Board of County Commissioners
may reconvene the Selection Committee to appoint the new Inspector
General in the same manner as described in subsection (b)(2). The
incumbent Inspector General may submit his or her name as a candidate
to be considered for selection and appointment.
(4) Staffing
of Selection Committee. The Miami-Dade County Employee Relations
Department shall provide staffing to the Selection Committee and as
necessary will advertise the acceptance of resumes for the position
of Inspector General and shall provide the Selection Committee with
a list of qualified candidates. The County Employee Relations Department
shall also be responsible for ensuring that background checks are
conducted on the slate of candidates selected for interview by the
Selection Committee. The County Employee Relations Department may
refer the background checks to another agency or department. The results
of the background checks shall be provided to the Selection Committee
prior to the interview of candidates.
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(c) Contract.
The Director of the Employee Relations Department
shall, in consultation with the County Attorney, negotiate a contract
of employment with the Inspector General, except that before any contract
shall become effective, the contract must be approved by a majority
of Commissioners present at a regularly schedule Commission meeting.
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(d) Functions, Authority and Powers.
(1) The Office shall
have the authority to make investigations of county affairs and the
power to review past, present and proposed County and Public Health
Trust programs, accounts, records, contracts and transactions.
(2) The Office shall
have the power to require reports from the Mayor, County Commissioners,
Manager, County agencies and instrumentalities, County officers and
employees and the Public Health Trust and its officers and employees
regarding any matter within the jurisdiction of the Inspector General.
(3) The Office shall
have the power to subpoena witnesses, administer oaths and require the
production of records. 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 touching on the matter in question. 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 or the U.S. Attorney for the Southern
District of Florida where the State Attorney or the U.S. Attorney for
the Southern District of Florida has explicitly notified the Inspector
General in writing that the Inspector General's investigation is interfering
with an ongoing criminal investigation.
(4) The Office shall
have the power to report and/or recommend to the Board of County Commissioners
whether a particular project, program, contract or transaction is or
was necessary and, if deemed necessary, whether the method used for
implementing 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 Board of County Commissioners
in determining whether the project or program is the most feasible 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.
(5) The Office shall
have the power to analyze the need for, and the reasonableness of, proposed
change orders. The Inspector General shall also be authorized to conduct
any reviews, audits, inspections, investigations or analyses relating
to departments, offices, boards, activities, programs and agencies of
the County and the Public Health Trust.
(6) The Inspector General
may, on a random basis, perform audits, inspections and reviews of all
County contracts. The cost of random audits, inspections and reviews
shall, except as provided in (a)-(n) in this subsection (6), be incorporated
into the contract price of all contracts and shall be one quarter (1/4)
of one (1) percent of the contract price (hereinafter "IG contract fee").
The IG contract fee shall not apply to the following contracts:
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(a) IPSIG
contracts;
(b) Contracts for legal services;
(c) Contracts for financial advisory services;
(d) Auditing contracts;
(e) Facility rentals and lease agreements;
(f) Concessions and other rental agreements;
(g) Insurance contracts;
(h) Revenue-generating contracts;
(i) Contracts where an IPSIG is assigned at the time the contract is
approved by the Commission;
(j) Professional service agreements under one thousand dollars ($1,000.00);
(k) Management agreements;
(l) Small purchase orders as defined in Administrative Order 3- 2;
(m) Federal, state and local government-funded grants; and
(n) Interlocal agreements.
Notwithstanding the foregoing,
the Commission may by resolution specifically authorize the inclusion
of the IG contract fee in any contract. Nothing contained in this Subsection
(c)(6) shall in any way limit the powers of the Inspector General provided
for in this Section to perform audits, inspections, reviews and investigations
on all county contracts including, but not limited to, those contracts
specifically exempted from the IG contract fee.
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(7) Where the Inspector General detects corruption or fraud, he or she
shall notify the appropriate law enforcement agencies. Subsequent to
notifying the appropriate law enforcement agency, the Inspector General
may assist the law enforcement agency in concluding the investigation.
When the Inspector General detects a violation of one of the ordinances
within the jurisdiction of the Ethics Commission, he or she may file
a complaint with the Ethics Commission or refer the matter to the Advocate.
(8) The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect
and review the operations, activities and performance and procurement
process including, but not limited to, project design, establishment
of bid specifications, bid submittals, activities of the contractor,
its officers, agents and employees, lobbyists, County staff and elected
officials in order to ensure compliance with contract specifications
and detect corruption and fraud.
(9) The Inspector General
shall have the power to review and investigate any citizen's complaints
regarding County or Public Health Trust projects, programs, contracts
or transactions.
(10) The Inspector General
may exercise any of the powers contained in Section 2-1076 upon his
or her own initiatives.
(11) The Inspector General
shall be notified in writing prior to any meeting of a selection or
negotiation committee where any matter relating to the procurement of
goods or services by the County is to be discussed. The notice required
by this subsection (11) 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 hours prior to the scheduled meeting. The Inspector
General may, at his or her discretion, attend all duly noticed County
meetings relating to the procurement of goods or services as provided
herein, and, in addition to the exercise of all powers conferred by
Section 2-1076, may pose questions and raise concerns consistent with
the functions, authority and powers of the Inspector General. An audio
tape recorder shall be utilized to record all selection and negotiation
committee meetings.
(12) The Inspector General
shall have the authority to retain and coordinate the services of Independent
Private Sector Inspectors General (IPSIG) or other professional services,
as required, when in the Inspector General's discretion he or she concludes
that such services are needed to perform the duties and functions enumerated
in subsection (d) herein.
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(e) Physical Facilities and Staff.
(1) The County shall
provide the Office of the Inspector General with appropriately located
office space and sufficient physical equipment facilities together
with necessary office supplies, equipment and furnishings to enable
the Office to perform its functions.
(2) The Inspector General
shall have, subject to budgetary allocation by the Board of County
Commissioners, the power to appoint, employ, and remove such assistants,
employees and personnel and establish personnel procedures as deemed
necessary for the efficient and effective administration of the activities
of the Office.
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(f) 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 Code, 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 shall have 10 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 (f) shall not apply when the Inspector General, in conjunction
with the State Attorney, determines that supplying the affected person
or entity with such report will jeopardize a pending criminal investigation.
(g)
Reporting. The Inspector
General shall annually prepare and submit to the Mayor and Board of
County Commissioners a written report concerning the work and activities
of the Office including, but not limited to, statistical information
regarding the disposition of closed investigations, audits and other
reviews.
(h) Removal. The Inspector
General may be removed from the office upon the affirmative vote of
two-thirds (2/3) of the whole number of members of the Board of County
Commissioners.
(i) Abolition of the Office. The Office
of the Inspector General shall only be abolished upon the affirmative
vote of two-thirds (2/3) of the whole number of members of the Board
of County Commissioners.
(j) Retention of current Inspector General. Notwithstanding any provision to the contrary, the incumbent
Inspector General, Christopher R. Mazzella, shall serve
a four-year term of office commencing on December 20, 2005, as provided in the Memorandum of Understanding approved by Resolution No. R-1394-05, and shall not be subject to the appointment process provided for in Section 2-1076(b)(2).
(Ord. No. 97-215, § 1,
12-16-97; Ord. No. 99-63, § 1, 6-8-99; Ord. No. 99-149, § 1, 10-19-99;
Ord. No. 00-105, § 1, 7-25-00; Ord. No. 01-114, § 1, 7-10-01;
Ord. No. 05-51, § 1, 3-1-05; Ord. No. 07-165, § 1, 11-06-07)
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