HomeMy WebLinkAboutR-21-0405City of Miami
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Legislation
Resolution: R-21-0405
File Number: 10813
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/27/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DIRECTING THE CITY ATTORNEY TO ENGAGE AN INDEPENDENT
INVESTIGATOR OR INVESTIGATORS (COLLECTIVELY, "INVESTIGATOR")
TO INVESTIGATE THE ALLEGATIONS RAISED BY CHIEF OF POLICE ART
ACEVEDO IN HIS MEMORANDUM DATED SEPTEMBER 24, 2021,
ATTACHED AND INCORPORATED, AS WELL AS VARIOUS ADDITIONAL
TOPICS AS SPECIFIED HEREIN; DIRECTING THE INVESTIGATOR TO
ISSUE A REPORT TO THE CITY COMMISSION IN THE CITY COMMISSION'S
INVESTIGATORY CAPACITY.
WHEREAS, the City Commission has empaneled itself as a Committee of the City
Commission of the City of Miami ("City") pursuant to Section 14 of the Charter of the City of
Miami, Florida, as amended ("City Charter'), and the same is hereby appointed and created as
an investigative committee ("Investigative Committee") pursuant to Section 14 of the City
Charter; and
WHEREAS, the Investigative Committee shall consist of the following members of the
City Commission:
Honorable Alex Diaz de La Portilla
Honorable Ken Russell
Honorable Joe Carollo
Honorable Manolo Reyes
Honorable Jeffery Watson; and
WHEREAS, the City Commission has appointed Commissioner Jeffery Watson as the
Chair of the Investigative Committee pursuant to Section 14 of the City Charter for purposes of
issuing subpoenas; and
WHEREAS, the City Commission has instructed the City Attorney to engage an
independent investigator(s) ("Investigator') to carry out the investigation into the matters
described herein; and
WHEREAS, the City Commission will not have an actual role in the investigation except
as described herein by forming itself, signing the subpoenas, and divesting its investigative
powers to the independent Investigator; and
WHEREAS, the City Commission shall not conduct the investigation itself; and
WHEREAS, the Investigator shall conduct the investigation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 10813 (Revision:) Printed On: 1011212021
File ID: 10813 Enactment Number: R-21-0405
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 Attorney is hereby directed to engage an Investigator to investigate:
(1) the allegations raised by Chief of Police Art Acevedo ("Chief') in his memorandum dated
September 24, 2021, attached and incorporated as Exhibit "A" ("Memorandum"); (2) the process
of assignment and selection of sergeant -at -arms, the operational procedures in place to
determine their duties in general, and the process to resolve any internal conflict/or interference
of sergeant -at -arms in their assignments; (3) how the Chief was selected, including but not be
limited to, any vetting of the Chief (prior to employment with the City) and/or whether there was
a conflict or overreach in the selection by any employee or official of the City; (4) any and all
misconduct by any employee or official of the City (including but not limited to elected officials
and the Chief) in relation to the allegations raised in the Chief's Memorandum; (5) the allegation
that the Chief was involved in an automobile accident that was not properly reported; and (6)
any and all other alleged misconduct by the Chief.
Section 3. The Investigator(s) shall issue its independent findings to the City
Commission/Investigative Committee at the conclusion of the investigation, who will in turn,
pass it on to the City Manager, without any action, other than possible discussion.
Section 4. This Resolution shall be effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ndez, Cify Attor iey 10/1212021
City of Miami Page 2 of 2 File ID: 10813 (Revision:) Printed on: 1011212021