HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7210
Date: 02/13/2020
Commission Meeting Date: 02/13/2020
Requesting Department: City Commission
Sponsored By:
District Impacted:
Type: Resolution
Subject: Develop Memorandum of Understanding with FDLE and FBI
Budget Impact Analysis
Item has NO budget impact
Total Fiscal Impact:
Reviewed By
City Commission
Maricarmen Lopez
Meeting
Completed
02/13/2020 9:00 AM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
02/21/2020 1:30 PM
Office of Management and Budget
Christopher M Rose
Budget Review
Completed
02/26/2020 4:02 PM
Office of the City Attorney
Barnaby L. Min
Deputy Attorney Review
Completed
03/09/2020 11:49 AM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
03/09/2020 11:53 AM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
03/09/2020 12:22 PM
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City of Miami
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Legislation
Resolution
Enactment Number: R-20-0034
File Number: 7210
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:2/13/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO DEVELOP A
MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE FLORIDA DEPARTMENT
OF LAW ENFORCEMENT ("FDLE") AND/OR THE FEDERAL BUREAU OF
INVESTIGATION ("FBI"), AS APPROPRIATE, TO DIRECT ALL CRIMINAL
INVESTIGATIONS, EXCLUDING THOSE RELATING TO MISDEMEANORS OR
TRAFFIC OFFENSES, OF CITY OF MIAMI ("CITY") ELECTED OFFICIALS AND
THEIR PRESENT AND FORMER (WITHIN THE PAST TWO (2) YEARS)
PERSONNEL TO FDLE AND/OR THE FBI, AS APPROPRIATE, FOR INVESTIGATION
IN ORDER TO AVOID ANY PERCEIVED CONFLICTS IN ANY SUCH PROCESSES;
FURTHER DIRECTING THAT THE MOU SHALL BE BROUGHT BEFORE THE CITY
COMMISSION FOR APPROVAL WITHIN THIRTY (30) DAYS; AND FURTHER
DIRECTING THE CITY MANAGER UNTIL THE MOU IS APPROVED BY THE CITY
COMMISSION TO FORWARD ANY PENDING CRIMINAL INVESTIGATIONS OF CITY
ELECTED OFFICIALS AND THEIR PRESENT AND FORMER PERSONNEL TO FDLE
AND/OR THE FBI.
WHEREAS, the need for criminal investigations into elected officials of the City of Miami
("City") or of their present and former personnel occasionally arises; and
WHEREAS, the handling of such investigations by the Miami Police Department may
create the perception of a conflict or impropriety; and
WHEREAS, the Miami City Commission desires that any such investigations proceed in
a transparent manner, free from potential perceived conflicts; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an
emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby directs the City Manager to take any all
necessary steps to develop a memorandum of understanding ("MOU") with the Florida
Department of Law Enforcement ("FDLE") and/or the Federal Bureau of Investigation ("FBI") to
direct all criminal investigations, excluding those relating to misdemeanors or traffic offenses, of
City elected officials and their present and former (within the past two (2) years) personnel to
FDLE and/or the FBI, as appropriate, for investigation in order to avoid any perceived conflicts
in any such processes.
Section 3. The MOU shall be brought to the City Commission within thirty (30) days for
its approval.
Section 4. In the interim, until the MOU is approved by the City Commission, the City
Commission hereby directs the City Manager to forward any and all pending criminal
investigations, excluding those relating to misdemeanors or traffic offenses, of City elected
officials and their present and former (within the past two (2) years) personnel to FDLE and/or
the FBI.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i . nd- eCity Attor ey 3/9/2020