HomeMy WebLinkAboutO-12315J-03-40
1/09/03
ORDINANCE NO. 12315
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 11.5 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"CIVILIAN COMPLAINT INVESTIGATION AND REVIEW"
TO PROVIDE AN EXCEPTION TO RESIDENCY,
PROPERTY OWNERSHIP, AND WORKING OR
MAINTAINING A BUSINESS IN THE CITY OF MIAMI
REQUIREMENTS AS IT RELATES TO THE APPOINTMENT
MADE BY THE CHIEF OF POLICE TO THE CIVILIAN
INVESTIGATIVE PANEL; MORE PARTICULARLY BY
AMENDING SECTION 11.5-28 OF THE CODE;
CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR A AN
IMMEDIATE EFFECTIVE DATE.
BE�IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 11.5 of the Code of the City of
Miami, Florida, as amended, entitled "CIVILIAN COMPLAINT
INVESTIGATION AND REVIEW," is amended in the following
particulars:l/
1� Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
12315
"Chapter 11.5
CIVILIAN COMPLAINT INVESTIGATION AND REVIEW
Division 1. The City of Miami
Civilian Investigative Panel
Sec. 11.5-28. Membership; nomination of members;
terms of office and vacancies;
appointment of the CIP nominating
committee.
(3) Appointment of the CIP Nominating Committee
and selection of appointees to the CIP.
(4) Qualifications for members of the CIP
a. All members of the CIP shall be either
permanent residents of the City of
Miami, own real property in the City of
Miami, or work or maintain a business
in the City of Miami, except for the
appointee of the Chief of Police, and
shall have good reputations for
integrity and community service and
shall have no record of a felony
conviction.
b. No appointee to the CIP, nor any member
of the appointee's immediate family,
except for the appointee of the Chief
of Police, shall be currently employed
by the City of Miami nor be a sworn
former employee of the City of Miami
Police Department. No appointee may be
currently a party or party's legal
representative- in litigation against
the City of Miami. The filing of a
complaint against the. City of Miami
alleging liability of the City of Miami
through actions of any Police or other
sworn or enforcement personnel shall
immediately disqualify any appointee
Page 2 of 4 1231-5
from serving on the CIP. Any appointee
who has been the legal representative
of any party in litigation against the
City of Miami is prohibited from
serving on the CIP for two years from
the conclusion of such litigation.
C. Upon assuming the duties of the CIP,
members shall complete training in
ethics, conflict of interest, Florida
Sunshine Law, and shall commit to
complete Citizens Police Academy
Training or approved training through
NACOLE (National Association of
Citizens' Oversight of Law Enforcement)
or equivalent programs.
(5) The City Commission shall appoint all
members of the CIP (except the appointee of
the Chief of Police) by majority vote
exclusively from the nominations submitted
to it by the Nominating Committee.
(6) Vacancies (other than the position to be
filled by the City of Miami Police Chief) in
the membership of the CIP shall be filled by
the Miami City Commission exclusively from
names submitted to it by the CIP.
Section 2. All ordinances or parts of ordinances that
are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be
affected.
Page 3 of 4 12314
Section 4. 1This Ordinance shall become effective
IMMEDIATELY after final reading and adoption thereof.21
PASSED ON FIRST READING BY TITLE ONLY this 9th day of
January 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 23rd day of January 2003.
UEL A. DIAZ, MAY
ATTEST:
PRIVILLA A.T�HOMPSON, CITY CLERK .
APPROVED.d99 T� FORM AND CORRECTNESS :&
RO VILARELLO
ATTORNEY
W1380:GKW:BSS
This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten days from the date it was passed
and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City
Commission or upon the effective date stated herein, whichever is
later.
Page 4 of 4 All,
Second Reading Ordinance 4
0
The Honorable Mayor and Members
TO: of the City Commission
RECOMMENDATION
17
DATE : DEC -9 4 2002 FILE:
SUBJECT: Proposed Ordinance
REFERENCES: Chapter 11.5 Civilian Complaint
Investigation and Review
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Ordinance, amending
Chapter 11.5, Section 3 (d) (1) of the Code of the City of Miami, as amended, entitled "Civilian
Complaint Investigation and Review," to amend the section that relates to the appointment of a
board member by the Chief of Police to the Civilian Investigative Panel (CIP).
BACKGROUND
The CIP ordinance currently requires all members of the CIP, including the Chief's appointment, to
live, work or own a business or property in the City and prevents them from being a current or
former sworn member of the Miami Police Department or City employee. At the time of the
adoption of the original ordinance, the City and the coalition of community organizations agreed
that the Chief of Police should have more flexibility in appointing a member to the panel. This
proposed amendment will allow the Chief of Police more flexibility in selecting his appointment to
the Civilian Investigative Panel (CIP).
IZ) iA
CAGrGW/lr
12315