HomeMy WebLinkAboutR-01-0844J -01-678-D5
8/9/01
RESOLU'T'ION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING
TO THE ELECTORATE A PROPOSED CHARTER AMENDMEN'T', AMENDING
THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
KNOWN AS CHAR'T'ER AMENDMENT NO. 4, TO AUTHORIZE THE CI'T'Y
COMMISSION, TO CREATE AND ESTABLISH, BY ORDINANCE, A
CIVTLTAN INVESTIGATIVE PANEL TO ACT AS INDEPENDENT
CITIZENS' OVERSIGHT OF THE SWORN POLICE DEPARTMENT, To
BE (A) COMPOSED OF AN APPOINTEE OF THE CHIEF OF POLICE
WHO IS NOT A CITY OF MIAMI. POLICE OFFICER, AND
EXCLUSIVELY OF A NUMBER OF CIVILIAN MEMBERS TO BE
DETERMINED WI•I0 SHALL BE NOMINATED BY THE PUBLIC AND
APPOINTED BY THE CITY COMMISSION; (B) ADVISED BY
INDEPENDENT COUNSEL WHO IS A COMPETENT MEMBER OF 'THE
FLORIDA BAR WITH AT LEAST SEVEN YEARS MEMBERSHIP IN THE
FLORIDA BAR AND IS GENERALLY KNOWLEDGEABLE IN MUNICIPAL
LAW, AND APPOINTED BY THE PANEL WITH THE APPROVAL OF THE
CITY ATTORNEY AND WITH AUTHORITY TO REMOVE BY THE CITY
ATTORNEY; (C) STAFFED WITH PROFESSIONAL PERSONNEL
NCLUDING AN "INDEPENDENT COUNSET.,, " AND OPERATED ON AN
ANNUAL APPROVED BUDGET; (D) AUTHORIZED WITH "SUBPOENA
POWERS" THAT MAY ONLY BE USED UPON THE APPROVAL, OF THE
"INDEPENDENT COUNSEL" AND IN "CONSULTATION" WITH THE
STATE ATTORNEY OF MTAMI-DADS COUNTY, FURTHER, THE CIP
MAY NOT CONFER IMMUNITY AND MUST ADVISE ALL CITY
EMPLOYEES APPEARING BEFORE IT THAT NO ADVERSE
CONSEQUENCES WILL RESULT PROM THE VALID EXERCISE OF
THEIR RIGHT TO BE FREE FROM SELF INCRIMINATION, FURTHER,
ALL ACTIONS OF THE CIP SHALL NOT INTERFERE WITH ANY
PENDING OR POTENTIAL CRIMINAL INVESTIGATION OR
PROSECUTION; AND (LE) AUTHORIZF',D TO (1) CONDUCT
INDEPENDENT INVESTIGATIONS OF POLICE MISCONDUCT, (2)
REVIEW POLICIES OF THE POLICE DEPARTMENT, AND (3) MAKE
RECOMMENDATIONS TO THE CITY MANAGER AND/OR DIRECTLY TO
THE POLICE CHIEF, TO WHICH A TIMELY WRIT'T'EN RESPONSE
SHAL:I, BE RECEIVED WITHIN 30 DAYS; CALLING AND PROVIDING
FOR A SPECIAL MUNICIPAL ELECTION '.l.'0 BE HELD ON
NOVEMBER 6, 2001, FOR THE PURPOSE OF SUBMITTING CHARTER
AMENDMENT NO. 4 TO THE ELEC'T'ORATE AT SAID REFERENDUM;
DESIGNATING AND APPOINTING THE CITY CLERK AS THE
OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH
RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND
RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A
CERTIFIED COPY OF THE HEREIN RESOLU`:CION TO BE DELIVERED
TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY,
FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF S[1C'II
SPECIAL MUNICIPAL ELECTION. CITY coBpIOit
AUG - 9 2001
masouldon HA
WHEREAS, on July 1.9, 2007., by its adoption of Resolution
No. 01-72.5, the City Commission directed the City Attorney to
prepare a proposed Charter. Amendment to provide for the creation
and establishment of a Civilian Investigative Panel, to act as
independent citizens' oversight of the Police Department; and
WHEREAS, the proposed CharuG.r. Amendment is set forth in its
final form in this Resolution; and
WHEREAS, the proposed amendment shall be submitted to the
electorate at a Special Municipal Election to be held on
November 6, 2001, as called for and provided herein;
NOW, THEREFORE, BE TT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recita.s and findings contained in the
Preamble to this Resolution are adopted_ by ref erence and
incorporated as if fully set forth in this Section.
Section 2, A new Section is proposed to be added to the
Charter of. the City of Miami, Florida (Chapter 10847, Laws of
Page 2 of 11 01— 844
Florida, as amended), entitled "Civilian Investigative Panel," in
the following particulars :l-/
PART 1.
CHARTER AND RELATED LAWS
Subpart A
The Charter
Sec. 51. U
Civilian Investigative Panel..
Tile City Commission shall, by_ ordinance, create
and establish a Civi.Iian Inve.�stja�t-ive Panel to acL as
independent citizens' __ov J lit of tne sworn Police
E2paj�_tment, to bo (A) composed of an ap22�j.n-�ee of the
Chief of Police who is not a City
_jf Miami Police
Officer, and exclusively_ of a number of civilian
members to be determined who shall be nominated t6 . e
pLi_b.ic and appointed. -_hccity Commission; (B
advised by Independent Counsel who is --a c ' ompetent
member of the Florida Bar with at: least seven years
M C-11 m b e rs hJ - p i. n the Florida Ba 1- and is 9 n e �7 2.1.1. y
knowledgeable in municipal_ and__!a2Lqinted by the
Panel with the approval of the Ci Ly Attorney a_n_q_ with
authority to remove by the City Attorney (C) staffed
with professional -'-- p ' ersonne]. including an "Independent
COUL-ISC1, and operated on an annual approved budget;
authorized with "subr)oena powers" that may only be
used upon the approval of the "Independent: Counse-l" and
in "C.onsulLation" with the State Attorney of lyl ami -Dade
County, further, the CIF may not confer immunity and
muss: advise a] I City employees. ap ear.iin.. before it than.
no adverse consequences will result from the valid
exercise , of t.heir righ�t to be free from self
incrimination, further, all actions of the CIP shall
not interfere with,_. any pending— or potential criminal
- --------- --
investigation q;_posecution; arid (E) authorized to (T)-
conduct independent investigations Of police
misconduct, (2) review poll.cies of the Police
Department, and (3) make recommendations to the Cid
Managerand/or directly to the Police Chief, to which a
timely w-�Itten responso shal-1- be received within 30
days."
Underscored words and/or E i-giiras shall Ur added. The remaining
provi!-jiorts are: now in (effect and' remain Unchanged, Asterisks indicate
cjui�_ted and uncl)ariged material.
Page 3 of 11 � 1. — (S 1 1
4 4
The Charter Amendment proposed in this Section shall be
known as Charter Amendment No. 4.
Section 3.
In accordance
with the
provisions of the
City
Charter. (Chapter
10897, haws of
Florida,
1925, as amended)
and
§503 of the Miami -Dade County Home Rule Charter, a Special
Municipal. i�lec:tion is called and directed to be held in the City
of Miami, Llo.r.i.da, from, 7:00 A.M. until 7:00 P.M., on Tuesday,
November o, 2001, for the purpose of submitting to the qualified
electors of the City of MI-amifor their approval or disapproval
the measure known as Charter Amendment No. 4.
Section 4. The Special. Municipal Election shall be held
at t:he voting places in the precincts designated, all as shown on
Elle list attached hereto and made a part hereon and referred to
as Exhibit No. 1 cr as may be designated by the Supervisor of
Elections of Miami --Dade County, Florida, in conformity with the
provisions of the general laws of the State. The Precinct
!;lection CIe.r_ks and inspectors to serve at said polling places on
said election date shall be those designated by the Supervisor of
IJl_ections of Miami -[lade County, Florida, for such purpose in
accordance with the general laws of the State. A descript-ion of
the registration books and records which pertain to election
Page 4 of 11 01— 844
precincts wholly or partly winhin the City and which the City i.s
adopt i.ng and des res to use for ho.l ding sueh Spc:c.i.al Municipal
Elocti.on is as follows: all regisLration cards, books, records
and certificates pertaining to electors of the City of Miami and
established and maintained as official. by the Supervisor of
Elections of Miami -Dade County, Florida, in conformity with the
provisi ons of the: general laws of the Stare of F.l orida, are
adopted and declared to be, and shall hereafter be recognized and
accepted as, officia.] reg.i:stration cards, books, records and
certificates of the City of Miami.
Section 5. Tn compliance ,with Section 100.342, Florida
SLaLutes (2000) , the City Clerk is authorized and directed to
publish notice of tho adoption of the herein Resalution and of
the provisions hereof, at. Least- twice, once in the fifth weak and
once in the third week prior- to the week in which the aforesaid
Special Municipal Election is to be held, in newspaper (s) of
general circulation i.n the City of Miami., Florida, which noti.ce
shall be subsL-antia ;.l y in r_he following form:
Page 5 o1: 1.1 01— 844
0 •
"NOTICE, OF SPFCIAL MUNICIPAL ELECTT.ON
TO BE HELD ON
TUESDAY, NOVEMBER 6, 2001.
IN THE CITY OF MIAMI, FLORIDA
PURSUANT TO RESOLUTTON NO. O1 -
A Special Municipal Election will be held on
Tuesday, November. 6, 2001. from 7:00 A.M. until
7:00 P.M. in the Ci -:y of ?Miami., Florida, at the polling
places in the several election precincts designated by
the Board of County Commissioners of Miami -Dade County,
Florida, as set forth herein, unless otherwise provided
by law, for the purpose of submitting Lo the qualified
electors of the CJ.ty of Miami, Florida, the `:oliowing
question:
"Shall the City Commission, by ordinance,
create an independent. Civi.l.i.an Tnvestigativc
Panel to invostigate misconduct and review
po.li.cies of the Police Department; composed
of a pol..i.ce chief appointee and (.exclusively
of civilian members, nominated by the public,
and approved by the City Commission; staffed
with professional personnel.; operated on an
annual approved budget_; and authorized with
'subpoena powers," used only upon i.ts
counsel.' s approval. and in "consu.ltaLion" with
the State Attorney's Office?"
Charier_ Amendment No. A provi.dos For L -he crcai::i on,
by ordinance of an independent Civilian Inve=stigative,
Panel., to investigate misconduct and review policies of..
the Police Department; composed of a Police Chief
appointee and exclusively of civilian members,
nominated by the public and approved by the City
Commission; staffe=d with profnssional. personnel;
operated on an annual. approved budget; and authorized
with "subpoena powers," used only upon its Counsel's
approval and in "consultation" with the State
Attorney's Office?"
By order of Lhc, Comm-ission of the City of Miami,
Florida.
CITY CLERK
A list of City of Miami polling placos follows:
(Insert list of Ci Ly of Miami Polling Places.)"
Page 6 of 11
0i- S41.1
"OFFICIAL BALLOT
SPECIAL MUNICIPAL ELECTION
TUESDAY, NOVEMBER G, 2001
FOR APPROVAL OR DISAPPROVAL OF
THE FOLLOWING QUESTION:
-------------------------------
�har.ter. Amendment to create
an independent Civilian
Tnvestigative Panel, for
citizens' oversight of Police:
Department.
-------------------------------
YES
(For the Measure)
NO
(Against the Measure)
"Shall the City Commission, by
ordinance, create an
independent Civilian
Investigative Panel to
investigate misconduct and
review policies of the Police
Department; composed of a
police chief.' appo.int-cc and
exclusively of civilian
members, nominated by the
public and approved by the
City Commission; staffed with
professional personnel
operated on an annual approved
budget; and authorized with
"subpoena powers," used only
upon its counsel's approval
and in "cons ultat.ion" with the
State Attorney's Office?"
Section V. Electors desiring to vote in approval of
said Question described above, shall be instructed to punch
Page 7 of 1.1 01— 841.1
Section 6.
The official
ballot to be used
at said
Special
Municipal
Election shall
he in full compliance
with the
laws of
the State
of Florida wi.r-h
respect to absentee ballots and
to the
use of the mechanical voting machines or the
Computer
Election
System,
and shall bo
i.n substantially the
following
foram, to
wit:
"OFFICIAL BALLOT
SPECIAL MUNICIPAL ELECTION
TUESDAY, NOVEMBER G, 2001
FOR APPROVAL OR DISAPPROVAL OF
THE FOLLOWING QUESTION:
-------------------------------
�har.ter. Amendment to create
an independent Civilian
Tnvestigative Panel, for
citizens' oversight of Police:
Department.
-------------------------------
YES
(For the Measure)
NO
(Against the Measure)
"Shall the City Commission, by
ordinance, create an
independent Civilian
Investigative Panel to
investigate misconduct and
review policies of the Police
Department; composed of a
police chief.' appo.int-cc and
exclusively of civilian
members, nominated by the
public and approved by the
City Commission; staffed with
professional personnel
operated on an annual approved
budget; and authorized with
"subpoena powers," used only
upon its counsel's approval
and in "cons ultat.ion" with the
State Attorney's Office?"
Section V. Electors desiring to vote in approval of
said Question described above, shall be instructed to punch
Page 7 of 1.1 01— 841.1
Section Q. The City C]erk shal.1. rause to be prepared
absentee ballots containing the Question set forth in Section 6
above for the use of absentee electors e:ititled to cast such
ballots in said Specia_ Municipal Election.
Section 9. All.
•
shall
•
straight down with
the stylus
through the hole next to the word
"YES" within the
ballot frame
containing
the statement relating
to the Question.
Electors desil:i.rig to
vote to disapprove the
Question, shall
be instructed
to punch
straight down with the
sty] us through the hole next to
the word
"NO" within the bal.l.ot
frame containing
the statemerit
relating to the Question.
Section Q. The City C]erk shal.1. rause to be prepared
absentee ballots containing the Question set forth in Section 6
above for the use of absentee electors e:ititled to cast such
ballots in said Specia_ Municipal Election.
Section 9. All.
qur-LI_fied electors of said City
shall
be
perinitted
to vote in
said Special Municipal Flection
and
the
Supervisor
of Ele:ct:i.ons of Miami. --Dade County, Florida,
i s
requested,
authorized,
and directed to furnish, at
cost
and
expense of
the City of
Miami, a List of all qualified
electors
residing in the City of Miami as shown by the registration books
and records of the Office of said Supervisor of Elections and
duly certify the same for delivery to and for use by ;:he
election officials designated to serve at the respective polling
places in said election precincts.
Section
1.0.
For the purpose
of enabl.i ng persons
to
register who
are
qualified co vote
in said Special.
Municipal
Election to
be
held on November 6,
2001, and who
have noC
Page B of 11
bi- 844
registered under the provisions of the general laws of Florida
and Chapter 16 of the Code of the City of Miami, Florida, or who
have transferred their legal residence from one voting precinct
to another in the City, they may register Monday through Friday,
from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections
Department located aL 1.11 Northwest 1st Street, Miami_, ).Florida,
wi.Lhin such period of time as may be designated by the
Supervisor of Elect.i_aris of Miami. -Jade County, Florida. In
addition to the above place and times, qualified persons may
register at-- such branch offices and may also use any mobile
registration van for the purpose of registration to vote in the
herein described Special Municipal E_i.ection during such times
and on such dates as may be designated by the Supervisor of
Elections of Miami. -Dade county, Florida.
Section 11. WALTER J. FOEMAN, the City Clerk of the City
of Miami, Florida, or his duly appointed successor., i.s
designated and appointed as the official representative of the
Commission of. the City of Miami, Florida, in all transactions
wi.Lh the Supervisor of Elections of Miami -Dade County, Florida,
in relation to maLLers pertaining to the use of the registration
books and the holding of said Special Municipal Election.
Section 12. The City Clerk shall deliver a certified copy
of this Resolution to the Supervisor of Flections of Miami -Dade
Page 9 of 11. 01- 844
• i
County, Florida, not less than forty-five days prior to the. date
of Lhe het:ein Special Municipal Election.
Section 13. It-, is the intention of the CiL-y Commission
that, if. the Charter Amendment set forth in this Resolution is
approved by the eI.ectoraLc at the Specia] Flection on November 6,
2001, the provisions of Lhe Charier Amendment shall. become and be
made: a part of the Charter of ,J -:c Ci Ly of Miami, Florida, a.;
amended, which provision may be renumbered or relettered and that
the word "Resolution" may be changed 'n "section", "article", or
other_ appropriate word to accomplish such intention.
Section
14.
This
Resol.utiort Sha11
become
effective
immediately
upon
its adoption
and signature of
the Mayoral
✓ f Lho Mayor does riot :.iqn vh.i , ft�so] ut.ion, it shall become c l'fcrot.i_vr� aL
Lho (DIA of t-.cen calendar days i:rom the date it way passed and adopted. 1F.
the. Mayor vot.00s Lh.is Reso:l iit:i on, i.L shall become c `focr i ve -immediately
upon override of the veLo by the C.'iAy C•ornmlJJlUr:.
Page 10 of 1.1 j .
- 844
13ASSED AND ADOPTED t:hi.s 9th day of August 2.001 ,
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of
this legislation by signing It in the designated place provided, said legisietion now
becomes Affective with the elapse of ten (10) days from the date of Commission EacRon
regarding same, without the Mayor exercle veto.
ATTEST:
c . Walter J. Foeman, City
VWL-TER J. FOEMAN
CITE' CLERK
APPROV A TO FORM AND CORRECTN17SS,>,�
joeEJ_ONDRO VILARELLO
CI5,T ATTORNEY
5539-D5:MJC:BSS
Page '_1 of 11 j j ^ 8
LIST OF POLLING PLACES FOR WMI
AS OF AUGUST 17, 2009
PC71
LOCA TION
ADDRESS
52
MUSEUM OF SCIENCE'
3250 S MIAMI AVE
501
LITTLERIVER 13APTIST C HURCH
495 NW 77 ST
502
N hW MTP LE'ASA NT13APTIST CI IURCI1
7610 BISCAYNE BD
50.3
11 11 I) - SEWING ROOM
1407 NW 7 ST
504
IIARVEY W SEEDS AMERICAN LEGION 1129
6445 NE 7 AVE
505
ATHALIE RANGH PARK
525 NW 62 ST
506
MORNIIM'GSIDE PARK
750 NIS 55'1'R
507
TI [.NA C'ROWDER FLEMEN`fARY SCHOOL
757 NW 66 ST
508
NFW h1T MORIAI-I BAPTIST CI UR.CH
0700 NW 14 AVE
509
URAPELAND 11EIGHTS PARK
1550 N\V 37 AVE,
510
WI;SLFN' 11NITFD fvTFTHODIST CHURCH
133 PONCE DE LEON BD
511
JORDAN GROVE MISSIONARY BAPT C.:HURCH
5946 NW 12 AVE
512
S'I' PAUL INS'1'I"1'U'I'IONAL AME CHU1tCH
1892 NW 51 '1'R
513
BL•LAFONTI-'rACOI.CY CENTER
6161 NW 9 AVE
514
EDISON SENIOR Pi_.AZA
200 NW 55 ST
515
TOUSSAINT LOUVI-RTL1RL 1 L}-,,MENTARN'
120 NF 59 ST
516
MORNINCiSIDE PARK
750 NI? 55 TR
517
BAY SHORF. L1ITIMR-AN CHURCII
5051 BISCAYNE BD
518
CHURCH OF GOD OF PROPHFCY 111
4525 NW 1 AVE
519
SffADOWI_AWN IiLI?MI'N'I'AIZY SC_IIOOL
149 NW 49 ST
520
MILLER DAWKINS SWIMMING COMPLEX
4800 NW 12 AVE.
521
NEW PROVIDFNCF MISSIONARY HAFT. CHR.
760 NW 53 ST
522
MOOR PARK
765 NW 36 ST
523
MIAMI JACKSON SENIOR IiJUH SCI IOGL
1751 NW 36 ST
524
SIMPSON PARK - RECREATION BUILDING
55 SW 17 RD
526
CURTIS PARK COM:IMUN11Y HOUSE
1901 NW 24 AVE
527
COMSTOCK PARK
1776 NW 28 ST
528
MALCOLM ROSS SENIOR CENTER
2800 NW IS AVE
.529
ROBERT A BALLARD ARMORY
700 NW 28 ST
530
ROBERT A BAL.L.ARD ARMORY
700 NW 28 ST
531
CLAUDE PEPPER COMMUNITY CENTER II
760 tial 18 TR
.532
CIIRIS`I' `l'1-1I' EPISCOPAL CHURCH
3481 fIfB1SC'US ST
533
CULiMER NFIGI113011110OD SERVICE CENTER
1600 NW 3 AVE
534
MIAMI FIRE STATION #2
1901 NORTH MIAMI AVE'
535
DUNBAR IiI.F.\lFNTARY SCHOOL
505 NW 20 ST
536
PHYLLIS WIIIiA'1'1.1'Y ELHIMENTARY SCHOOL
1801 NW 1 .PI.
537
HUGI N1O MARIA DL' HOSTOS CTIt
2902 NW 2 AVE
538
UNITY ON 'I'1-I1313AY
411 NE 21 ST
8/17/01
Page 1 of 3
,,LIST OF POLLING PLACES FOR04MI
AS OF AUGUST 17, 2001
PCT.
LOCA%/ON
ADDRESS
.539
TRINITY CATHEDRAL HALL
464 Nr.. 16 ST
540
NO POLLING PLACE / NO REG. VOTERS
541
SHERATON BISCAYNE BAY HOTEL,
495 BRICKELL AVE
542
JACK ORR S13NIOR CENTER
550 NW 5 ST
543
ORANGE; BOWS. STADIUM - GATE 14
1501 NW 3 ST
.5,14
TRINITY CATHEDRAL I [ALL
464 NE 16 ST
545
POI.ESEI AMERICAN CI.U13 OF MIAMI, INC.
1250 NGV 22 AVE
546
.[ACK ORR SENIOR CENTER
550 NW 5 ST
547
MIAMI FIRE STATION117
314 BEACOM 131)
548
S'I' Nll(''HAEL'S CHURCH
2987 1VL'ST FLAGLER ST
549
KENSINGTON PARK ELEMENTARYSCI-1001.
711 NW 30 AVE
550
MIAMI FIRE. FIGHTF'R 13E:NFVOLFNT ASSOC
2980 NW S RIVER DR
551
STEPHEN PCI -ARK COMMUNITY C:"I'R
16.50 NW 37 AVL
552
ARMANDO RADIA SENIOR CENTER
25 TAMIAMI BLVD
553
ROBERT KING HIGH COMMUNI'I Y HOUSE
7025 \VEST FLAGLER ST
554
ST DOMINIC CATHOLIC CHURCH HA [.1.
5009 NW 7 ST
555
W1?S'I' IiNI) PARK COMMUNITY HOUSE
250 SW 60 AVf
556
RESIDENTIAL PLAZA
5617 NW 7 ST
557
IGLliSIA CRISTIANA REF EL B EN SAM
4585 WEST FLAGLER ST
558
KENLOCII PARK COMMUNITY HOUSE
455 NW 47 AVE
559
IGI.IiSlr1 BAU"TISTA LIBRE EBENI EL.ER
4111 SW 4 ST
560
KINLOCIJ PARK MIDDLE SCHOOL
4340 NW 3 ST
561
SIMPSON PARK — RECREATION BUILDING
55 SW 17 RD
562
JOHN J KOUBEK ('GN'1'I'sR
2705 SW 3 ST
563
LITTLE. HAVANA HOUSING PROJECT 1l1
1759 SW 5 ST
564
ORANGE BOWL. STADIUM - GATE 1211
1501 NW 3 ST
565
RIVERSIDE ELEMENTARY SCHOOL
.1190 SW 2 ST.
566
HOPE CENTER
666 SW 5 ST
.567
MIAMI FIRE STATION 114
1 105 S\fir 2 AVE'
568
SIMPSON PARK — RECREATION 13UMI)1NG
55 SW 17 RD
569
IJTD TOWERS
1,909 13121C'KIE1,1, A\113
570
CORAL WAY NI'TCENTI3R
1300 SW 12 AVE
571
LEI, CORDFRO PRESBYTERIAN CHURCTI
2091 SW 14 AVE;
572
SIIGNANDOAH ELEMENTARY SCHOOI,
1023 SW 21 AVE
573
SIIFNANDOATI PARK COMMUNITY HOUSE
1800 SW 21 AVE
574
SIIENANDOAH PRESBYTERIAN CHURCH
2150 SW 8 ST
575
CORAL GATE. PARI{ CONIMUNITY CE LATER
1415 SW 32. AVE
,576
VETERANS OF FOREIGN WARS 0608
2750 SW 16 ST
8117/01
Page 2 of 3
LIST OF POLLING PLACES FOR 9AMI
• AS OFAUGUST 17, 2009
I'C'I:
LOCATION
ADDRESS
577
DOUGLAS PARI: (''01\41MUNITY 11011S)?
2755 SW 37 AVE
578
IGLi;SIA BAUTISTA RL'SURRF:C(,'ION
2323 SW 27 AVE
579
IULESIA BA13TJSTA RESURRECCION
2323 SW 27 AVE
580
SILVER BLUFF ELEMENTARY SCHOOL,
2609 SW 25 AVE
581
MUSEUM OF SCIENCE
3280 S MIAMI AVE
582
MARRIOTT RESIDENCE INN
2835 TIGERTAIL AVE
583
MIAMI MRF; STATION #8
2975 OAK AVE
584
FRANKIEE S ROLLE SFRVICH CIENTIER
3750 SOUTH DIXIE IIWY
585
ESTI'TI3R M ARMBRISTI:R PARK
236 GRAND AVE
586
MIAMI FADE WATER & SEWLR AUTHORITY
3575 S LEJEUNE RD
587
PEACOCK PARK
2820 MCFAItLANE RD
588
UKRAINIAN AMERICAN CLUB
3.595 NW 35 ST
589
CURTIS PARK COMMUNITY HOUSE
1901 NW 24 AV I,
590
MALCOI.M ROSS SENIOR CLNTElt
2800 NW 18 AVE
591
HADLEY GARDENS
3031 NW 19 AVE
592
N17, -W MT MORIAll BAPTIST CHURCH
6700 NW 14 AVE
593
CITRUS GROVE h4ll)I)Lh SCHOOL
2153 NW 3 S'l-
594
GL CORDLRO PRESITYTERIAN CHURCH
2091 SW 14 AV17
395
DOUGLAS PARK COM\,1LTNITY HOUSE
2755 SW 37 AVE
596
OLIR LADY 01� 1,HBANON CATH CHR
2055 CORAL WAY
597
OUR LADY OF l,I BANON CATHOLIC Clift
2055 CORAL WAY
598
FRANKIE S ROLLS' SERVICE' CENTER
3750 SOUTH DIXIE IIWY
8117/01 Page 3 of 3
PRESIDENT
OWL ,AL' 001T.RA
VICE-PRESIDENT
THOMAS J. ROM I
SECHE:TARY
FRANK CASANOVAS
TREASURER
WILLIAM J. SCAROLA
PAST PRI-SIDrNT
TONY F. RODRIGUEZ
August G, 2000
Tho Only N;monal POlica Oryanlzahon In Tho United Slalos
WALTER E. MIZADLf Y. JR.
MIAMI LODGE No. 20
710 S.W 12 AWNUE MIAPAI 11ORIDA 33130
1'1104E. 0105) 054•5017 FACSIMILE 13611 B54•3861
-GiI~� _
Mayor Joe Carollo and Members of the Miami City Commission
Miami City l-:lall
3500 Pan American Drive
Miami, Florida
Dear Mayor and honorable Members of the City Commission:
This letter will summarize the FOP'S position concerning several substantial legal defects in the proposed
Miami City Charter amendment establishing an independent review.
More than 20 years ago, an advisory committee created by the Miami City Manager to screen police chief
applications was hold by the appeals courts to constitute a "board" because it ultimately made
recommendations to the appointing authority. In the present circumstances, the City Attorney is using
this "board" to make recommendations to this City Commission. Therefore, a "board" has clearly been
created.
The City Attorney was directed in July to assomblo this board by resolution. The City Code in Section 2-
883 requires that all boards be created by City Ordinance and not by resolution. The last time an
independent review board was proposed, the 'l'hird District Court of Appeal disapproved of a board with
subpoena power because the law required that an action be taken by resolution when an ordinance was
required. Therefore, this "board," because it was created by resolution when the City Code requires an
ordinance, is illegally constituted.
In addition, Section 2-888 of the Miami City Code, all City boards shall provide the City Clerk written
notice of their meetings at least seven (7) days prior to the meeting, except in case of emergency. A
meeting held by the City Attorney is not an emergency.
Ifthe Commission wishes to put a charter question before the voters, it must do so in accordance with the
law governing such procedures. We strongly urge you to revisit the actions taken in light of these serious
legal defects.
Fraternally,
Ornel " I" o era
g��
President
Submitted Into the public
o :,:,rd in Minr;ctior,844
Walter
FrtESrGEr+r
Qgvc.. ^A.'.- CO rrAA
VICE. VRS10ENT
THOYA5 ) RQLL
SFCRETAP',
(P7 "r �"-NOVAS
TREASURER
'i.'ILLI!_'A . 50 WICA-A
?AST PnEsim%,"
August G. 2000
WAL?'c F{ c H-' A'��LLY JR
W,IAMI LODGE No. 20
R. Sue Weller
Labor Relations Officer
City of Miami
Labor Relations Department
444 S.W. 2nd .Avenue, 7th Floor
Miami, FL 33130
Re: Proposed Civilian Investigative Panel
Dear Ms. Weller:
I am writing to you regarding the proposed establishment of `The Civilian Investigative panel"
by the City.
The FOP considers the establishment of and the granting of powers and responsibilities to the
Civilian Investigative Panel to be a unilateral change in the terms and conditions of employment.
The manner in which bargaining unit members are investigated by the City, and the bargaining
unit members rights and obligations during those investigations are well established by the
collective bargaining agreement, Civil Service Rules, The Police Officers Sill of Rights, past
practice and prevailing benefits. The FOP hereby demands to bargain over this change that the
City is seeking in the terms and conditions of employment of the unit members. As you well
know, the City and the FOP are at the bargaining table at this time and we certainly will meet in
good faith with the City to negotiate the issues concerning the establishment of and
responsibilities and duties of the
Civilian Investigative Panel.
If the City disagrees and chooses to violate the law and establish a Civilian Investigative Panel,
the FOP demands to bargain over the impact of that decision. The matters upon which the FOP
demands impact bargaining include, but are not limited to the following:
• What will the powers be of the Civilian Investigative Panel?
"311h1' -lifted into t;je pr{hllr,
,arrj Its con"c"ct'o—
Walter
01— 844 cl{,,,r:•1;,,,
• If a unit member is subpoenaed, may the unit member invoke the privilege against self-
incrimination or must that unit member answer questions?
• If' the unit member is required to answer questions, is the unit member given use
immunity for the answers to those questions?
• Will the unit member whose actions are under investigation have the right to be
represented by counsel?
• Will the unit member under investigation have the right to confront the witnesses against
him or her during the course of the investigation?
• At what stage during the course of the investigation will the unit member have the right
to confront witnesses against him or her?
• What rules will govern the unit members conli•ontation of witnesses?
•
Will the City provide the unit member under investigation with an attorney. If'so, how
will that attorney be chosen?
• Will the City pay for the unit member's attorney? If so, how mach will the City pay?
• Will the City appoint and/or pay for attorneys for unit members who are witnesses?
• Will unit members be required to attend the meetings of the Civilian Investigative Panel?
• Will unit members be required to attend the meetings of the Civilian Investigative Panel
while on duty?
• Will unit members be paid for attendance at Civilian Investigative Panel meetings?
• Flow much will unit members be paid for attendance at Civilian Investigative Panel
meetings?
•
Ifa. unit member is subpoenaed to give a statement to a Civilian Investigative Panel, can
that unit member still be required to give a statement to the Police Department?
• Will the Police Department have access to the statements of the unit members?
• Will any other agencies have access to the statement of the unit members?
• Will unit members be allowed to speak to the press about allegations?
• Under what circumstances and in what manner will unit members be required to give
testimony or statements to the Civilian investigative Panel?
Submitted into the pi,tNiic•
mrord in connection
on
$ � �
01— Walter
t^;
• Who will be on the Civilian Investigative Panel?
• Which City of Miami personnel and resources will be assigned to the Civilian
Investigative Panel?
• How much will they be paid when they are assigned to the Civilian Investigative Panel?
• Will the Police Officers Bill of Rights apply to the Civilian Investigative Panel?
• Will the Civilian Investigative Panel be allowed to administer mechanical devices to
witnesses, such as polygraphs, psychological stress evaluators, etc.?
• Who will be present during statements of bargaining unit members?
• How much notice will a bargaining unit member be given prior to eliciting a statement
from him or her?
• Will statements or meetings be televised?
• Will the Civilian Investigative Panel have authority to recommend discipline to the Police
Department? If it does, what standards will it use to recommend discipline'?
• How much notice will the bargaining unit member receive if required to give a
statement?
• Will the bargaining unit member be told if lie or she is a witness or subject?
• All rules of procedure of the Civilian Investigative Panel.
The FOP demands that the City not create a Civilian Investigative Panel prior to bargaining the
creation of it with the POP. In addition, if the City disagrees and contends that it does have the
right to establish the Civilian Investigative Panel, the FOP demand that the City negotiate the
impact of that Panel with the FOP.
Ay,
o ra
:Is
cc: Ronald J. Cohen, Esquire
submitted Into the Public
record in connoc 'on with
item on —
Walter
01. 844 c;,.
Section 51 The Civilian Investigative Panel
The City Commission shall, by ordinance, create and establish a civilian Investigative
panel to act as independent citizens' oversight of The Police Department, to be (A) composed
exclusively of civilian members to be nominated by the public and approved by the City
Commission, (B) authorized to (1) conduct independent investigation of police misconduct, (2)
review policies of the Police Department, (3) recommend disciplinary action to the Police Chief
to which the chief must timely respond in writing, and (4) provide "Whistle Blower' pro(ection;
C ) staffed with professional independent personnel; (D) operated on an adequate annual
approved budget; and (E) authorized with " subpoena powers" to be exercised ill consultation
with The State Attorney of Miami Dade County, provided that the panel may not confer
immunity and must advise all city employees appearing before it that no adverse consequences
will result from the valid exercise of their right to be free from self-incrimination.
Submitted Into the pub►fr,
rectlyd in conrte v vdi �;
item
tHlalte !"'cit rr�<�r'
o1- 844
0
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
•
TO: Mayor. and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: August 9, 2001
RE: Charter Provision to establish a Citizens Investigative Panel
At (lie direction of the City Commission on July 26, 2001, I met with the Coalition of
Community Organizations, the Chief of Police, the State Attorney's representative and the
representative from the Fraternal Order of Police ("FOP") to attempt to craft a Charter provision
creating a Citizens' Investigative Panel ("CIP"). Iadditionally took public input at an open meeting
on August 6, 2001, inviting the media and approximately thirty other interested persons or groups.
The language presented in the attached Resolution, which is annotated with "D4" on the tap left
corner, is that which is the simple directive of the City Commission.
The following information is presented to address the various concerns of the groups and
representatives:
'fhe Coalition of Community Organizations states [ha► th.e minimum requirements for a Charter
amendment are:
• The Panel shall be composed exclusively of civilian members to be nominated by
community organizations.
• The Panel shall have the authority to conduct independent investigations of police
misconduct.
■ The Panel shall have the authority to review policies of the City of Miami Police.
Department.
■ "Whistle Blower" protection shall be ensured.
■ The Panel shall have subpoena powers to be exercised after consultation with the State
Attorney, but its subpoena powers shall not confbr inununity intentionally or
unintentionally.
■ The Panel shall have the authority to recommend disciplinary actions to the Police Chief
to which the chief must timely respond in writing.
• The Panel shall be adequately funded and staffed
Submitted inau the public
record J� cer�rtOzr�J,�h
item �_ on
Walter Foaman
City clelk
01-- 844
Mayor and Members of the City Commission
Charter Provision to establish Citizens investigative Panel
The Chief of Police:
August 9, 2001
Page 2
■ States that the City Commission did not mandate or imply giving the panel the power to
conduct independent investigations. The Panel should not have power to conduct
independent investigations as they may interfere with active and ongoing law
enforcement investigations. However, the Chief does not object to the
panel reviewing/investigating closed investigations,
■ States that the word "consultation" needs to be defined. The language should clearly
indicate that the State Attorney's Office may deny a subpoena in certain circumstances.
However, the Chief does not object to the panel reviewing/investigating closed
investigations. If the case is closed there is no longer a concern about the issuance of
subpoenas.
■ Feels that any language related to consideration to any pending or potential criminal
prosecutions and investigations does not mean anything and creates a false impression
that the panel "will not" interfere with pending or potential criminal
investigations/prosecutions. Also, this sentence does not address administrative
disciplinary proceedings.
■ States that proposed language, during discussions with the groups, regarding Garrity is
inaccurate and misleading, the language needs to clearly indicate that no subpoena will be
issued if a Garrity issue exists or could reasonably exist.
The FOP:
■ Feels that any Citizens' Investigative Panel should not he restricted to the jurisdiction of
the Police Depannient only.
■ Suggests that the creation of the Cil', and the direction of the City Commission that the
City Attorney confer with citizens' groups violates the Miami City Code, and that the
actions of the CIP would impact terms and conditions of employment and therefore
require collective bargaining.
Submitted into the public
The State Attorney: record In cormeft,X
th
Item ..tO�.._. cin
■ Proposes that the following language be added: Walter Foeman
City Clerk
"The panel may not confer immunity and must advise all City employee appearing
before it that no adverse consequences will result from the valid exercise of their right
01— 844
Mayor and Members of the City Commission August 9, 2001
Charter Provision to establish Citizens Investigative Panel Page 3
to be free from self-incrimination. All actions of the Panel shall be taken with
consideration to any pending or potential criminal investigation or prosecution and the
panel shall make every effort not to interfere with same."
Supports the creation of a Civilian Investigative Panel, but cannot support the proposed
Charter language because as currently written this Charter will significantly jeopardize
any criminal investigation or prosecution arising out of acts which the Panel is
empowered to investigate. Although the proposed Charter provides that the Panel may
issue subpoenas only in consultation with the State Attorney, the State Attorney cannot
prevent the Panel from issuing a subpoena, which could have devastating effects on a
pending or potential criminal investigation or prosecution.
To prevent such an occurrence, the State Attorney suggested Charter language that would
require that a subpoena be issued only with the approval of the State Attorney or not until
criminal investigations and prosecutions are concluded.
• Agrees with Chief Martinez that a provision requiring that subpoenas not be issued until
after the criminal investigation is concluded should be added to the Charter in addition to
the language we have proposed.
The community groups advocating for the creation of a Civilian Investigative Panel have
advised us that they will oppose any limitation of the Panel's subpoena power that will
limit its independence. In an effort to reach a compromise that would allow for the
Panel's independence but still protect criminal investigations and prosecutions, we met
with representatives of these community groups and drafted the language that we now are
asking this Commission to add to the Charter. This language was included in a prior draft
of the Charter that was discussed and endorsed by all the community groups that appeared
at the public forum three days ago.
The State Attorney's proposed language that the Panel may not confer immunity and must
advise City employees that no adverse consequences will result from the valid exercise of
their right to be free from adverse consequences is essential because without it a City
employee who should be prosecuted for a violent crime will probably and perhaps
inevitably escape prosecution for that crime. Without this language, a City employee who
is the target of a criminal investigation or the defendant in a prosecution who receives a
subpoena from the Panel may well be given immunity from prosecution if he or she
complies with the subpoena because lie or she reasonably believe that a failure to comply
may result in the loss of employment or sore other adverse consequences. Our proposed
language will assure that this does not happen.
Submitted into the pubft
record In CoriirluBCtli1 b
item ..jon
Waltar Foernan1
City Clerk r
Mayor and Members of the City Commission August 9, 2001
Charter Provision to establish Citizens Investigative Panel page 4
The other language proposed by the State Attorney is a simple statement of the obvious.
The State Attorney strongly believes that the members of the Civilian Investigative Panel
must be cognizant that what they do may have repercussions on a criminal investigation
and prosecution and the Charter should make it clear that all efforts must be made so as
not to interfere with those investigations and prosecutions.
The State Attorney respectfully urges the Commission adopt her proposed changes to the
Charter language, which have been endorsed by the community groups advocating for a
Civilian Investigative Panel, and which are necessary to assure that criminal
investigations and prosecutions are not jeopardized.
W605:MJC:bss
C: Carlos A. Gimenez, City Manager
Raul Martinez, Chief, Police Department
Kathleen Rundle, State Attorney
Paul Mendelson, Assistant State Attorney
Al Cortera, President, FOI'
Members of the Coalition of Community Organizations
Submitted iri80 ttto public
rbrbrd Cok}Gi`ip W th
1
Item on Ao
-Walter 1=oematt
'City Claim
01— 844
Board of Directors
Osvaldo N. Soto, Esq.
Chairman
Victor M. Dfaz, Esq.
Luisa M. Garcfa-Toledo
Oscar Marrero, Esq.
Eduardo Palmer
Vice -Chairpersons
Robert Santos-Albornd
Secretary
Oscar CedcAo
Treasurer
Vicente Rodriguez
Vice -Treasurer
Jaime A. Pdrez
Executive Director
Directors
Ruben Alcalde
lvette Arteaga Morgan
Maribel Balbfn
Roberto Blanch, Ssq.
Frank Coho
Xavier Cortada
Raquel Dugger
Joe Garcia
Teresita Gyori
Marlon Guti6rrer.
Josd Lagos
Carlos Martinez, Esq.
Roymi Membiela
Margarita Muifla, Esq.
Rev. Josd P. Nickse
Radambs Peguero
Joe Pefla
Marcos Regalado
David Rosemond
Mario E. Sdnchez
Teresa Sans6n
Vicente Tong
Juan C, Zapata
SPANISH AMERICAN LEAGUE AGAINST DISCRIMINATION
1JIIsml, Flarida, 'capital at tM Amsrias, • blllttpust Community'.
PRES§ RELEASE
Contact: Osvaldo N. Soto, Esq.
Telephone: 305-567-0010
FAX: 305-567-0799
UNIDOS, who members represent: Latin Builders
Association; Association of Hispanic Educators &
Administrators of Dade County; National Association of
Hispanic Public Administrators; Cuban Accountants
Association in the Exile; Enterprise Inter -American
Association; Facts About Cuban Exiles; National
Association of Cuban American Women; The United
States Latin Chamber of Commerce; Hialeah Hispanic
Chamber of Commerce; Spanish American League
Against Discrimination; Confederation of Cuban
University Professionals in the Exile; Hispanic American
Business Association; Cuban Unity; Cuban Municipalities
in the Exile; Cuban Pedagogue Association; Cuban
American National Foundation; Cuban American Certified
Public Account; and South Beach & Greater Miami
Hispanic Chamber of Commerce, by this mean we would
like to express our opposition to the new language of the
ordinance that will be discussed in the City of Miami
Commission on Thursday, August 9, concerning the
Civilian Investigative Panel (CIP) and, on this respect, we
declare:
0
900 SOUTHWEST FIRST STREET - SUITE 20
Neither UNIDOS, nor the organizations that
integrate it, have been invited to the meetings
organized by small groups of non -Hispanic
organizations for the sole purpose of discussing
the language of the CIP ordinance, except for one
occasion in which we were invited a day before a
meeting when there was nothing left to decided.
The new language of the ordinance is the result of
conversations between the State Attorney's office
and non -Hispanic organizations, while Hispanic
organizations representing 65 per cent of the City
of Miami populations were not even able to
express their opinions.
Submitted Into the public
record IConnect__lo�ry�_W�jth
Walter Foeman
1 - MIAMI, FLORIDA 33130 - TELEPHdQ&26.8585 - FAX: (305) 324-4482
0
• It is sad that all these problems with the City of
Miami Police Department are being brought up
when fist' the first time on the history of the city
there is a Hispanic Chief of Police.
• The ordinance, if approved, may possibly open a
Pandora box further dividing this community.
• There are other ways to deal with the problems
within City of Miami Police Department without
the necessity of creating additional and even
more serious problems.
• The Independent Review Panel of the Miami -Dade
county has done its job and should be followed as
an example if it is finally decided that the CIP is
needed.
Submltti d COp lih
record r1it0oOW
on .5E.MN
Ito Walter Fot
City Clerk
oj.- 844
0
CITY OF MIAM I
CITY ATTORNEY'S OFFICE
MEMORANWM
TO: Mayor and Members of the y C
FROM: Alejandro Vilarello, ) Attor
DATE: July 26, 2001
ission
RE: Schedule Regarding tl�ivilian Investigative Review Panel
On July 19, 2002, the City Commission directed the City Attorney to prepare a
referendum question to amend the Charter of the City of Miami for consideration at an election
to be held on November 6, 2001, proposing, upon approval of the electorate, the creation and
establishment of a Civilian Investigative Panel, to act as an independent citizens oversight panel
to conduct investigations, review shootings and excessive force allegations, criminal inquiries,
and existing policies of the Police Department, to be: (a) composed of nine to eleven civilian
members nominated by the public and approved by the City Commission; (b) staffed with
professional personnel; (c) operated on an annual approved budget; and (d) authorized with
"subpoena powers" that may only be used in "consultation" with the State Attorney of Miami -
Dade County.
The City Commission further directed that the City Attorney meet with various
community groups to discuss the specific elements of the Civilian Investigative Panel. If the
charter amendment question is to be placed on the ballot at the November 6, 2001 election, the
City Commission must take final action on the measure no later than September 6, 2001.
To obtain adequate public input on the proposed question, 1 recommend that the City
Commission review the proposal I will have prepared at the Special City Commission meeting
on August 9, 2001. In anticipation of presentation of the Charter question on August 9, 2001, 1
will meet with the various citizens groups during the next ten days. 1 intend to have the draft
question ready for dissemination to the public on August 6, 2001, which would allow for
flexibility insofar as adjustments to the language and concepts contained in it.
If you wish to provide me with your input on these matters, I would greatly appreciate it.
W601:MJC
C: Carlos A. Gimenez, City Manager
Walter J. Foeman, City Clerk
Submitted into the public
record In conneLW& ith
item �— tart
Walter Foeman
City Clerk
01— .844