Miami sets limitations on new inspector general’s office

Written by Genevieve Bowen on October 22, 2024

Miami is moving forward with staffing a new inspector general’s office after city officials approved the final language of an ordinance defining the investigative authority and outlining its duties.

The city commission on Oct. 15 passed legislation establishing the Office of the Inspector General after voters overwhelmingly approved its creation in an August special election. The new government oversight agency replaces the former Office of the Independent Auditor General and holds broader investigative authority, including subpoena power to require individuals to testify as part of its investigations.

Commissioner Manolo Reyes, introduced the measure at a January meeting, saying Miami needed a structural change and a truly independent inspector general with the authority to investigate alleged misconduct at any level of government.

Voters were asked on the Aug. 20 ballot whether to eliminate and replace the old office with a new government oversight agency. Of the 33,000 city voters in that election, 79.32% endorsed the measure.

Last week, commissioners approved the final reading of the ordinance establishing the office 4-1, with Joe Carollo voting no. He cited concerns about anonymous allegations and the possibility of misuse to initiate illegitimate investigations.

The city attorney cited the ordinance, noting that it outlines the process for lodging complaints, which must be submitted under oath. The clause states, “The Inspector General shall have the power to review and investigate any sworn, non-anonymous complaints, on a form acceptable to the Inspector General, regarding city programs, agencies, contracts or transactions, officials or employees. Such sworn complaint must be based upon personal knowledge or information other than hearsay and signed under oath or affirmation by any person.”

The new office has a broader scope of duties than its predecessor and more power to investigate potential corruption cases. It has the authority to issue subpoenas, requiring individuals to appear and provide answers as part of its investigations, a power the previous office did not have.

The inspector general also can audit, investigate and oversee the city’s procurement process, including project design, establishment of bid specifications, bid submittals, activities of contractors, its officers, agents and employees, lobbyists, city staff and elected officials to ensure compliance with contract specifications and detect corruption and fraud.

Moving forward, a selection committee is to recommend a candidate for inspector general to the commission. After receiving approval from a majority of commissioners, the candidate will be appointed to a four-year term.

The selection committee’s five members are the state attorney and public defender of the Eleventh Judicial Circuit Court for Miami-Dade, the chairperson of the Miami-Dade Commission on Ethics and Public Trust, the president of the Miami-Dade Police Chief’s Association and the special agent in charge of the Miami Field Office of the Florida Department of Law Enforcement.

The commission must also determine the initial budget and staffing levels for the inspector general’s office, which are to be formalized through a future resolution.