HomeMy Public PortalAbout15-9119 TO OPERATE AS A BOARD OF INQUIRY INTO CURRENT AND PROSPECTIVE FISCAL STATUS AND PERSONNEL MATTERSSponsored by: Commissioner T. Pinder
RESOLUTION NO. 15 -9119
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA- LOCKA, FLORIDA TO AUTHORIZE
THE CITY COMMISSION (OR THEIR AUTHORIZED
PROXIES) TO OPERATE AS A BOARD OF INQUIRY
TO INQUIRE INTO CURRENT AND PROSPECTIVE
FISCAL STATUS AND PERSONNEL MATTERS OF
THE CITY PURSUANT TO ARTICLE VIII SECTION
2(B) OF THE FLORIDA CONSTITUTION AND
ARTICLE II, SECTION 2.5(5) OF THE CHARTER OF
THE CITY OF OPA- LOCKA; PROVIDING FOR THE
APPOINTMENT OF A HEARING EXAMINER;
CONVENING THE BOARD OF INQUIRY
PROVIDING FOR AN INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa- locka, Florida pursuant to
Article VIII Section 2(b) of the Florida Constitution and Article II Section 2.5 (5) of the
Charter of the City of Opa -locka has the power to inquire into the conduct of any
office, department, agency or officer of the City and to make investigations as to
municipal affairs; and
WHEREAS, the City Commission finds that it necessary and proper to inquire
into the status of the City's current and prospective fiscal condition including but not
limited to revenue and current obligations for the fiscal year(s) 2015 -2016; deficits, if
any, in the general fund, water and sewer fund, and revenue sharing funds for the
year(s) 2010 -2011, 2011 -2012, 2012 -2013, 2013 -2014 and 2014 -2015; the use and
obligations of federal revenue sharing funds for the fiscal year(s) 2010 -2011, 2011-
2012, 2012 -2013, 2013 -2014 and 2014 -2015; and anticipated revenues for the fiscal
year(s) 2015 -2016; and
WHEREAS, the City Commission also finds that it necessary and proper to inquire into the
status of the City's current and prospective personnel matters.
Resolution No. 15 -9119
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE
CITY OF OPA- LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference;
Section 2. Pursuant to Article VIII Section 2(b) of the Florida Constitution and
Article II Section 2.5 (5) of the Charter of the City of Opa- locka, the City Commission
of the City does hereby constitute itself as a Board of Inquiry to inquire into the fiscal
status of the City for the fiscal year(s) 2010 -2011, 2011 -2012, 2012 -2013, 2013 -2014 and
2014 -2015, which inquiry shall include but not be limited to the following: Deficits if
any in the general fund, water and sewer fund, and revenue sharing funds for the
year(s) 2010 -2011, 2011 -2012, 2012 -2013, 2013 -2014 and 2014 -2015, the use and
obligations of federal revenue sharing funds for the fiscal year(s) 2010 -2011, 2011 -2012,
2012 -2013, 2013 -2014 and 2014 -2015; and anticipated revenues for the fiscal year(s)
2015 -2016 as well as inquiries into the personnel matters of the City.
Section 3. That the City Commission shall appoint a Hearing Examiner to
facilitate the exchange of communication between the Board and whomever is
requested to appear before the Board and to also issue opinions to the Board about the
matters presented for review.
Section 4. That the City Commission hereby appoints John Riley as the Hearing
Examiner for the Board of Inquiry and
as the alternate
Hearing Examiner, in the event that the Hearing Examiner cannot serve.
Section 5. The Board of Inquiry shall be vested with the authority, on behalf of
the City Commission to subpoena witnesses, and compel production of books, papers
and other evidence.
Section 6. That the Board of Inquiry shall be comprised of the Mayor and each
member of the City Commission or their authorized proxies. The decision of the
Mayor or a City Commissioner to appoint someone to serve on the Board in their
Resolution No. 15 -9119
stead shall be disclosed to the remainder of the Board at least twenty -four (24) hours
prior to the next scheduled Board meeting.
Section 7. That the City Commission may, in its own discretion, appoint two
(2) residents of the City of Opa- locka, provided that both of the said resident positions
must be filled together at the same time. Either both positions are filled or neither will
position will be filled.
Section 8. That the Board of Inquiry shall convene in the City of Opa -locka at
City Hall on the 2nd floor and as often as the Board shall deem
necessary. The City Clerk is hereby directed to prepare and publish and notice of
each meeting of the Board of Inquiry.
Section 9. The following procedures shall govern proceedings before the
Board:
a. Each Commissioner (or their designee) shall advise the Hearing
Examiner of the persons desired to appear before the Board and the Hearing Examiner
shall prepare and issue said notices to the designated individuals requesting their
appearance.
b. At least twenty -four (24) hours before each scheduled Board of Inquiry
meeting, the Hearing Examiner shall send written notification to the City Clerk and the
Board of the individuals noticed to appear and the topic(s) of the inquiry on which
those individuals will be providing information.
C. The City Clerk shall administer all oaths and affirmations to witnesses
and is hereby directed to obtain a Court Reporter to record the proceedings wherein
testimony of witnesses will be required.
d. Each Commissioner (or their designee) and the Hearing Examiner may
question anyone appearing before the Board, request production of documents or cause
depositions to be taken.
e. The Hearing Examiner shall present a written opinion along with
recommendations to the Board regarding all issues and /or questions raised during the
course of the proceedings. The opinion of the Hearing Examiner may be adopted or
overruled by a majority vote of the Board.
f. Upon adoption of recommendations regarding an inquiry or a finding that
the City Commission's involvement is required, the Hearing Examiner shall present
the findings of the Board to the City Commission for further review or action.
g. Unless otherwise provided by a majority of the City Commission, all
procedures shall approximate procedures generally applicable before commissions and
agencies in the State of Florida.
Resolution No. 15 -9119
h. The City Attorney shall attend each Board of Inquiry meeting and shall at
all times advise the Hearing Examiner, the Board and the Commission as to procedural
and substantive issues of law.
i. The Board of Inquiry may adjourn the hearing at any time by majority vote
of the members present.
Section 8. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 241h day of November, 2015.
Attest to:
qL-"--
anna Flores
ty Clerk
Moved by:
Seconded by:
Commissioner Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago
Vice Mayor Holmes:
Mayor Taylor:
Mayor
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
The Brown Law Group, LLC
City Attorney
COMMISSIONER PINDER
COMMISSIONER SANTIAGO
3 -1
NOT PRESENT
YES
YES
NO
YES