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Home My WebLink AboutR-00-0369J-0.0-407 4/27/00 00 -369 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING A SIX (6) MEMBER COMMITTEE TO INVESTIGATE AND REVIEW THE CITY OF MIAMI POLICE DEPARTMENT AND ITS INVOLVEMENT IN THE REMOVAL OF ELIAN GONZALEZ FROM HIS LITTLE HAVANA RESIDENCE ON APRIL 22, 2000, AND THE SUBSEQUENT ACTIONS TAKEN BY THE MIAMI POLICE DEPARTMENT DURING CITIZENS' DEMONSTRATIONS FROM THE TIME OF THE INCIDENT THROUGH APRIL 25, 2000; PROVIDING FOR APPOINTMENT OF MEMBERS TO THE COMMITTEE; SETTING FORTH THE COMMITTEE'S RESPONSIBILITIES AND POWERS, INCLUDING REQUESTS FOR THE ISSUANCE OF SUBPOENAS; STIPULATING THAT SAID COMMITTEE SHALL CONDUCT ITS ACTIVITIES CONSISTENT WITH APPLICABLE LAW AND CONTRACTUAL REQUIREMENTS; REQUIRING A FINAL REPORT TO BE. PRESENTED TO THE CITY COMMISSION AT A CITY COMMISSION MEETING WITHIN NINETY (90) DAYS FROM THE ADOPTION OF THIS RESOLUTION, WITH AN EXTENSION OF NO MORE THAN NINETY (90) ADDITIONAL DAYS, IF NECESSARY; ALLOCATING FUNDS THEREFOR, IN THE AMOUNT NOT TO EXCEED $25,000, FROM SPECIAL PROGRAMS AND ACCOUNTS UNTIL FURTHER CITY COMMISSION CONSIDERATION OF FUNDING; AND DIRECTING THE CITY MANAGER TO PRESENT A REPORT TO THE CITY COMMISSION AS TO THE TOTAL ESTIMATED DOLLAR ALLOCATIONS NECESSARY TO COVER EXPENSES TO BE INCURRED BY THE COMMITTEE DURING THE EXECUTION OF ITS DUTIES AND PRESENT SAME TO THE CITY COMMSSION FOR ITS REVIEW AND CONSIDERATION. WHEREAS, on April 22, 2000, the United States Government removed Elian Gonzalez from his Little Havana residence, which precipitated many demonstrations by members of the community; and CITY COMMISSION MEETING OF, APR 2 7 2000 Resolution No. WHEREAS, the City Commission wishes to investigate and review the Miami Police Department's involvement in such action; and WHEREAS, the City Commission further wishes to investigate the actions taken by the City of Miami involving the citizens of the community during, the demonstrations that took place subsequent to Elian Gonzalez' removal through April 25, 2000; and WHEREAS, it is the desire of the City Commission to establish a committee for the purpose of gathering information related to the investigations; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A six (6) member Committee is hereby created to investigate and review the City of Miami Police Department and its involvement in the removal of Elian Gonzalez from his Little Havana residence on April 22, 2000, and the subsequent actions taken by the Miami Police Department during citizens' ey Page 2 of 5 I C� demonstrations from the time of the incident through April 25, 2000, and shall be composed as follows: a. five (5) members to be named by the individual members of the City Commission, with the appointment of the individuals being considered official upon the filing of each name with the City Clerk; and b. one (1) member to be named by the Mayor whose name shall also be filed with the City Clerk. Section 3. The herein Committee is hereby charged with the responsibility of: a. securing and reviewing information related to the involvement of the Department of Police in the removal of Elian Gonzalez from his home in Little Havana on April 22, 2000; and b. reviewing information related to the actions and incidents taken by the Miami Police Department involving citizens of the community during demonstrations of protest of Elian Gonzalez' removal by the Department of Police, including the incident involving Grisel Ybarra on Tuesday, April 25, 2000; and C. investigating and reviewing complaints of any persons related to such incidents; and d. reporting its findings and making recommendations to the City Commission meeting at a City Commission Meeting within ninety (90) days from the adoption of this Resolution, with an extension of no more than ninety (90) additional days, if necessary, said Committee to rely on advice from the City Attorney to ensure that its activity will not interfere with other ongoing investigations. Section 4. The Committee may request from the City Commission the issuance of subpoenas which shall be issued pursuant to the City Commission's authority under Section 14 of the Charter of the City of Miami, Florida, for the limited Page 3 of 5 Ao so purpose of requiring attendance of witnesses and the production of books, papers, and other evidence, which subpoenas shall be signed by the presiding officer of the Commission and which subpoenas may be served pursuant to the Charter. Section 5. The Committee shall exercise its powers so as not to interfere with any ongoing investigations. Section 6. The Committee shall conduct its activities consistent with applicable law, including the Florida Government in the Sunshine Law and contractual requirements. Section 7. Funds in the amount not to exceed $25,000 are hereby allocated from Special Programs and Accounts until further City Commission consideration of funding. Section 8. The City Manager is hereby directed to prepare a report of the estimated total dollar allocations necessary to cover expenses to be incurred by the Committee during the execution of its duties and to present same to the City Commission for its review and consideration. Section 9. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1/ �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 5' ` ® . r PASSED AND ADOPTED this 27th day of April 2000. 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 pl". • prcvidedi ssid legislation now a becomes effective with the elapse often (10) y : rom t'r �...:. f :.mmissi tion regarding same, without the Mayr ?xercisi et Cx-5- ATTEST : Miter J. . City Clerk WALTER J. F APPROV < -C TORNEY W 72:BSS CITY CLERK SRM CORRECTNESS:t/ Page 5 of 5 .JOE CAROLLO MAYOR April 26, 2000 of ffliami, Alor'*Fa Donald H. Warshaw, City Manager City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130 Mr. Warshaw: 3500 PAN AMERICAN DRIVE MIAMI, FL 33133 (305) 250-5300 FAX (305) 854-4001 Pursuant to the powers provided in the Charter of the City of Miami, specifically Section (4)(g)(6), I hereby remove you from your position as City Manager. Your removal shall become effective on Sunday, May 7th, 2000, -at 5:00 p.m. unless my directive is overridden by a four-fifths vote of the current members of the City Commission. Carollo e iayor 00m CITY --)F= SII: MI. FLORIDA INTER -OFFICE MEMORANDUM Donald Warshaw April 26, 2000 City Manager �LR'Ecr Investigation Joe Sanchez RE-ERE''C s Commissioner ENCLOSURES: FILE I respectfully request that your office commence an investigation into the actions of the City of Miami Police Department and their involvement in the removal of Elian Gonzalez from his Little Havana residence in addition to the aggressive action taken against citizens of our community in their peaceful demonstrations. In addition, I am going to suggest to the City Commission at tomorrows commission meeting that we ask Mr. Norman Braman, who I have spoken personally with, to chair an independent committee of Community Leaders that represent a cross section of our community to immediately launch a fact finding mission regarding the City of Miami Police Department involvement of the removal of Elian Gonzales from the Gonzalez residence as well as the City of Miami Police Department actions against the citizens. This investigation shall incorporate the initial notification of the Chief of Police of the planned raid on the Gonzalez `residence to the present time, including the Grisel Ibarra's incident in front of TeleMiami TV Station located at 2920 NW 71' Street on Tuesday, April 24th and any other complaints presented to Internal Affairs Section of the Police Department. It is paramount that cool heads prevail until we gather all the facts so we can make an informed decision based on the facts and not emotion. nr� CC: Mayor Joe Carollo Commissioner Johnny Winton Commissioner Willy Gort Commissioner Arthur Teele Commissioner Tomas Regalado Y`S 2A 20JAPROO T T goo T T `11.0,-1.19- 1 9 c 9 ct$ CL C 0 LL DURK PHOTO 4t - I c. 10 1 4f � c Lg EU`1 Q c C o U 010-# CIA 2aAPROO WALGREENS ONE HOUR PHOTO o NeL co y 6 \J U L c a) / a c ro -sN cco� o .-E\ 010 #10H 230PROO UALSREENS ONE H LIE' PHOTO � � %a ai IN IN i, N 23APROO WALGREENS ONE HOUR PHOTO e4:-