Tuesday, November 4, 2014

Office of Charter Enforcement (OCE)

Most likely many of you have already read about the Office of Charter Enforcement (OCE) that will be installed in our city, as part of the amendments approved during last August’s election.
However, I would like to cover this topic since we recently had a workshop in our city that had the presence of Judge Robert Meyers and The Commission of Ethics of the Miami-Dade County, representatives from the Anti-Corruption Division of the County Police.  In addition, representatives from different parts of the city and residents of Doral were present.  
I highlighted the key points, in a non-textual way and inside the intent of the legislator, that specific order:
a)      The OCE’s responsibility will be the application of the provision of the Federal, State, County Law, Doral City Law and related regulations to the public correction, conduct and to the ethic that shall prevail. It explains the rule that the OCE will supervise and investigate the activities that reflect negatively the Doral City Government executed by the elected officials, by mentioned electors in the constitution, workers and in designated positions.
b)      In order to avoid internal and external meddling of the city, the rule refers that the organization and administration of the OCE would be independent City Council, departments and City Clerks, ensuring the objective of said Office.
c)       Although the rule says the Officer that carries this function inside the OCE should have been named by the Circuit 11 Judge on September 11th 2014, this didn’t take place. First of all, because the amendment results were not certified until September 2nd and because the Presiding Judge of Circuit 11 of Florida refused to appoint it and name it, the Miami-Dade County Commission of Ethic, proposed authority in its defect.
d)      Continuing with the timeline, no later than November 1st 2014, the Selection and Supervision Committee will select a qualified person to direct the OCE.
It was a very interesting workshop conducted by Lawyer Robert Meyers, because his exposition was presented about the procedures to formalize the complaints before the Official of the Constitutional Enforcement.
The procedures will be the following:
  • The office receives a sworn complain from the people.
  • The OCE under its initiative directs the investigation.
  • Of finding a good cause, the office shall issue the written and filed charges through the City Clerk and would form part of a public record.
  • After the investigation is complete and determined there is a Possible Cause, the right agency should be notified.
  • Of being settle that there was no violation, the PCE should publish that there is no violation found.
  • The OCE should deliver the copies of all the final reports.
  • In case of sanctions, the same shall be imposed by the Hearing Officer; the fines shall not exceed $500; the officer should reject to the right or administrative privileges; it could be submitted to rebuke or public censure.
Some of its functions were also highlighted:
  • Every 3 months the OCE should issue a written declaration informing about the status of complaints.
  • The Selection and Surveillance Committee should review the annual declarations and publish the report before the City Council with any recommendation.
  • The OCE should complete its investigations within a six months period that begins starting on the date that the complaint or the date the investigation was started. Issue the results with them, the factors on which the same are based with any other joint remission.
  • The pretend violators have the right of confronting its accusers regarding the accusation results.
Finally, regarding its operation:
  • The OCE could use the Commission of Ethic investigation personnel of the Miami-Dade County if its investigation overpasses the OCE.
  • The OCE Manager should serve for four years.
  • The City Council should provide the OCE with the sufficient funds to complete its tasks.
  • Some amendments to this section should be made through referendums if the council approves it.
It’s important to know the laws and rules, in which our city complies with, participate in open workshops to the public and make suggestions. That way you can contribute to the formation, growth and strengthening of our beautiful city of Doral.






No comments:

Post a Comment