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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