For the second time in two weeks, the Miami City Commission declined to approve an employment contract for the city’s independent inspector general.
The Miami City Commission declined to approve an employment contract for the city’s new inspector general for a second time on Thursday, after Commissioner Joe Carollo expressed concerns that, by acting, the commission would be “anointing” a king.
Miami residents voted last year to create an Independent Office of Inspector General (OIG) after a series of political scandals involving Miami’s mayor, the city manager and two city commissioners undermined public trust in city government.
The City Commission obliged, voting in July to appoint former Miami Police Major Antonio Diaz as the city’s first inspector general. The city then negotiated an employment contract with Diaz, but the contract requires commission approval.
“I do have an obligation of making sure that the hands of this city are not so tied into the future, where we are not just assuring independence, but we are anointing a king,” Carollo said.
Carollo asked for a deferral at Thursday’s commission meeting – the second such deferral since the commission’s summer recess – and the OIG contract was removed from the agenda.
Carollo declined to say what he objects to in the proposed contract, but Miami District 2 Commissioner Damian Pardo pointed to a possible point of friction.
Although the OIG was established as an independent office, the commission has reserved the right to fire the inspector general with a four-fifths vote.
The employment contract, as written, would allow Diaz to seek binding arbitration – and reinstatement – if four commissioners vote to terminate him. Pardo said that provision in the contract will help to guarantee the OIG’s independence.
“If you are doing your job as an inspector general, you may very well upset four votes on this dais,” Pardo said Thursday. “The change in this contract says, alright, if you get terminated by four votes, you have the right to go to arbitration. And, in arbitration, if you are found to be terminated without cause, you get reinstated. That’s the change.”
If four commissioners want to fire the inspector general with cause, however, the proposed contract lists just two valid reasons: a felony conviction, or a conviction for theft. Pardo said that portion of the contract may need revision.
“We can broaden that,” Pardo told the Spotlight. But, he added, the inspector general needs to insulated against any political backlash at City Hall. “This is very important to the whole concept of the independent inspector general.”
The issue may come back before the commission at its next meeting on October 23.
As the city’s first inspector general, Diaz will have the power to perform audits, conduct investigations, and serve subpoenas to ferret out fraud, waste and abuse at City Hall.
Under the terms of the proposed four-year employment contract, Diaz will earn $295,000 a year, with a $800 monthly car allowance and other benefits.
While an Inspector General could help expose corruption after it occurs, it won’t do much to cure it with a 4/5 Commission vote to fire him and the inevitable lengthy arbitration thereafter.
Instead, I support StrongerMiami.org’s ballot referendum to let citizens decide if they want: Even-year elections aligning with State and National elections; All districts fairly drawn respecting geographic boundaries and neighborhoods; Changing from 5 Commission districts to 9.
Only the change to 9 districts is even debatable. Smaller districts with clear and logical boundaries will bring closer scrutiny of each Commissioner. “Smaller and closer” means more accountability.
Will it be harder for new unknown candidates to run for election? Will “big developer money” then select all candidates? Well, hello! That’s what happens now. I think we’ll have more newcomers.
Will the Commission be less efficient because Commissioners will have to count to 5 instead of 3 to pass anything. I think the opposite. They’ll have to build consensus for City-wide items while preserving and protecting their own district’s priorities. Kind of like the balancing act families must do.
How about extra expense for taxpayers to pay? Nope. The expense “pie” — including the funding for the former five Neighborhood Enhancement Team (NET) offices that the Commissioners usurped for themselves years ago — will just have 9 slices instead of 5.
Smaller. leaner, more efficient and more accountable.This is why all five of our current Commissioners are adamantly opposed to this change. And that’s why I support StrongerMiami.org’s ballot referendum.