Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #10813 Date: Commission Meeting Date: 09/27/2021 Requesting Department: City Commission Sponsored By: District Impacted: All Type: Resolution Subject: Direction to the City Attorney - Investigation into Chief of Police Allegations Budget Impact Analysis Item has NO budget impact Total Fiscal Impact: Reviewed By Office of the City Attorney Maricarmen Lopez Attorney Review Skipped 09/27/2021 11:58 AM City Commission Maricarmen Lopez Meeting Completed 09/27/2021 10:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 09/29/2021 9:25 AM Office of Management and Budget Leon P Michel Budget Review Completed 09/30/2021 3:12 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 10/04/2021 2:28 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 10/12/2021 10:18 AM Office of the City Clerk City Clerk's Office Rendered Completed 10/12/2021 10:40 AM v City of Miami Legislation r=f Resolution Enactment Number: 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: 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: \�j 1 ,Afr--�N,C? ��� i ria i "ndez, Cify Attor iey 10/1212021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.