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City of Miami, Florida FRANCIS SUAREZ Office of the Mayor i, Florida ‘Veto and Veto Message TO: Honorable Members of the City Commission Miami, Florida FROM Mayor Francis Suarez “1 3. Miami, Florida Date: Monday, December 23, 2019 Pursuant to the authority vested in me under the provisions of 4(g)(5) of the Charter of Miami, Florida, I hereby veto: Resolution (R-19-0522) Resolution directing the independent auditor general to investigate the accusations presented at the December 12, 2019 City Commission meeting during the discussion of agenda item DLS January 9, 2020 Commission Meeting Veto Message: Texercise my right to veto the recent decision of the City of Miami Commission (“Commission”), which directed the Independent Auditor General to investigate the accusations presented at the December 12, 2019 City Commission meeting. Under the auspices of a discussion item regarding code enforcement, a Commissioner accused the City Manager of abusing his power by submitting an improper permit with the City’s building department, Without providing an opportunity for the City Manager to address these claims (or even be present to face the accusations and the accusers), the Commission directed the Independent Auditor General to investigate the accusations against the City Manager. One of the main values enshrined in our constitution is separation of powers. The United States Supreme Court decision of Marbury v. Madison, which is probably the single most important decision in American constitutional law, recognized that determining constitutional authority inescapably involves separation of power analysis. Here, the Commission — the same commission that raised the accusations against the City Manager — controls the Independent Auditor General. For instance, the City Charter requires that the Independent Auditor General report directly to the Commission, and the Commission appoints the director of the office. Section 48(a) and (b). The Commission can suspend and remove the director. fd. Finally, the Commission approves the professional assistants and support personnel in the city’s annual budget. Section 48(d). ‘The Commission seeks to act as judge, jury, and executioner. The Commission’s actions to empower the Independent Auditor General to investigate the accusations against the City Manager runs afoul of our constitutional limits. Having concluded that it would not be in the best interest of the City of Miami or its, residents, I submit this veto. Ffancis Suarez layor City of Miami Page 2