OIG
Related Legislation in the Code of Miami-Dade
County
Below you will find the OIG's primary
statutory authority codified in Section 2-1076 of the Code of
Miami-Dade County and specific links to additional code provisions relating to the OIG. The Code Section, as reprinted below,
includes the most recent amendments made to the OIG's
authority.
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.
Back to Top
(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 (4) 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 by 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.
Back to Top
(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
scheduled Commission meeting.
Back to Top
(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:
Back to Top
(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.
Back to Top
(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 (1) 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 initiative.
(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 (24)
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.
Back to Top
(e) Physical Facilities and
Staff.
(1) The County
shall provide the Office of the Inspector General 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.
(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.
Back to Top
(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 or entity
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. 06-88, § 2, 6-6-06;
Ord. No. 07-165, § 1, 11-06-07)
Back to Top
Below we highlight additional code provisions relating to the OIG.
| ADDITIONAL AUTHORITY TO TAKE LEGAL ACTION |
| Authority to File Ethics Complaints |
Sec. 2-1074. (a) & (c) |
| Debarment of Contractors from County Work |
Sec. 10-38(i)(1) |
| Authority to Challenge Qualifications of Certain Candidates for County Office |
Sec. 12-11(b) & (c) |
| SPECIFIC AUTHORITY TO INVESTIGATE OR AUDIT |
| Employee Protection Ordinance |
Sec. 2-56.28.16 |
| Public Private Partnerships and Unsolicited Proposals |
Sec. 2-8.2.6(3) |
| Oversight of Procurement |
Sec. 2-8.1 |
| OTHER DUTIES |
| Background Checks of Individuals Appointed to Miami-Dade County Advisory Boards |
Sec. 2-11.38.1 |
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]
Back to Top
|
