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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney DATE: September 23, 2021� RE: City Commission Meeting - September 23, 2021 Waiver of the requirements of Chapter 164, Florida Statutes, and authorization of legal action relating to Miami -Dade County Department of Corrections and Rehabilitation's failure to provide provisions or accommodations for the transportation of jail inmates released from Turner Guilford Knight Correctional Center. File No.: 10700 The attached proposed Resolution seeks to waive the requirements of Chapter 164, Florida Statutes, by a four -fifths affirmative vote and authorize and direct the City Attorney to take any and all legal actions necessary, in law or in equity, against Miami - Dade County regarding Miami -Dade County Department of Corrections and Rehabilitation's failure to provide provisions or accommodations for the transportation of jail inmates released from Turner Guilford Knight Correctional Center, in unincorporated Miami -Dade County, back to the inmates' originating communities and cease from further transporting released inmates to the City for purposes of abandoning those individuals within the City and further seeking injunctive relief to prohibit further transportations of released jail inmates in the City and to seek any and all additional remedies. Attachment(s) cc. Arthur Noriega V, City Manager Miriam Santana, Agenda Coordinator VM/BLM/JCP City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution Enactment Number: R-21-0398 File Number: 10700 Final Action Date:9/23/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE REQUIREMENTS OF CHAPTER 164, FLORIDA STATUTES, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL LEGAL ACTIONS NECESSARY, IN LAW OR IN EQUITY, AGAINST MIAMI-DADE COUNTY ("COUNTY") REGARDING THE MIAMI- DADE COUNTY DEPARTMENT OF CORRECTIONS AND REHABILITATION'S FAILURE TO PROVIDE PROVISIONS OR ACCOMMODATIONS FOR THE TRANSPORTATION OF JAIL INMATES RELEASED FROM THE TURNER GUILFORD KNIGHT CORRECTIONAL CENTER LOCATED AT 7000 NW 41 ST STREET IN UNINCORPORATED MIAMI-DADE COUNTY BACK TO THE INMATES' ORIGINATING COMMUNITIES AND TO CEASE FROM FURTHER TRANSPORTING RELEASED INMATES TO THE CITY OF MIAMI ("CITY") FOR PURPOSES OF ABANDONING THOSE INDIVIDUALS WITHIN THE BOUNDARIES OF THE CITY; FURTHER AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF TO PROHIBIT FURTHER TRANSPORTATIONS OF RELEASED JAIL INMATES INTO THE CITY AND TO SEEK ANY AND ALL APPROPRIATE REMEDIES; FURTHER FINDING THAT CONTINUED TRANSPORTS FROM THE COUNTY IS DECLARED TO BE AN IMMEDIATE DANGER TO THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC WHICH REQUIRES IMMEDIATE ACTION. WHEREAS, all person arrested in any municipality or any unincorporated areas throughout Miami -Dade County are transported to the Turner Guilford Knight Correctional Center ("TGK") located at 7000 Northwest 41 st Street, which is owned by Miami -Dade County ("County"), operated by the County's Department of Corrections and Rehabilitation ("MDCR"), and serves as a pre-trial detention facility for inmates awaiting a disposition of their criminal charge(s); and WHEREAS, there are several ways inmates are released from TGK including the posting of a bail bond at any time for bondable charges, qualifying for a pre-trial release program, and a variety of criminal court orders issued pursuant to a hearing for release of an individual; and WHEREAS, based on information and belief, inmates who should be released from TGK, without the availability to secure personal transportation, continue to be transported by MDCR to a designated release location surrounding the Richard E. Gerstein Justice Building located within the boundaries of the City of Miami ("City") and abandoned on the City's streets with no means of returning to the municipality or unincorporated areas of the County from where the inmates were originally arrested; and WHEREAS, the County and MDCR's failure to provide any provisions or make accommodations for the transportation of TGK releasees back to the inmates originating communities creates an immediate danger to the health, safety, or welfare to the residents, businesses, and visitors to the City and, therefore, requires immediate action; and WHEREAS, without the ability to return to their homes, released inmates inevitably wander through the City committing crimes, assimilating with the homeless population, and harassing residents, business owners, and visitors of the City, resulting in the expenditure of City resources and services to abate the issue created by the releasees; and WHEREAS, the City has previously informed the County of the City's opposition to the abandonment of TGK releasees within the boundaries of the City and any further action by the County and MDCR creates a detrimental impact to the City; and WHEREAS, Chapter 164, Florida Statutes, titled "Florida Governmental Conflict Resolution Act," is designed to provide Florida's governmental entities with a formal out -of -court mechanism to resolve intragovernmental conflicts; and WHEREAS, the residents, visitors, and business employees and owners of the City have been forced to carry a disproportionate burden in tolerating the criminal behavior of TGK releasees and the City has had to expend enormous resources without any contribution from the County or MDCR; and WHEREAS, the County has failed to balance the impact that such failure to properly transport has had, and will continue to have, on the City and the City's residents, visitors, and businesses; and WHEREAS, the City Commission finds that an immediate danger to the health, safety, or welfare of the public requires immediate action or that significant legal rights will be compromised if a court proceeding does not take place before the provisions of Chapter 164, Florida Statutes, are complied with; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby waives the requirements of Chapter 164, Florida Statutes, by a four -fifths (4/5ths) affirmative vote and hereby authorizes and directs the City Attorney to take any and all legal actions necessary, in law or in equity, against the County regarding MDCR's failure to provide provisions or accommodations for the transportation of jail inmates released from TGK, in unincorporated Miami -Dade County, back to the inmates' originating communities and cease from further transporting released inmates to the City for purposes of abandoning those individuals within the City and further authorizes the City Attorney to seek injunctive relief to prohibit further transportations of released jail inmates into the City and to seek any and all additional remedies. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ria r dez, ty ktor �ey 9/14/2021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.