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Home My WebLink AboutR-00-0408J-00-463 5/11/00 408 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-43, AS AMENDED BY RESOLUTION NOS. 00-270 AND 00-370, AND RESOLUTION NO. 00-369, FORMING TWO AD HOC COMMITTEES, AND CREATING A SINGLE SEVEN (7) MEMBER AD HOC COMMITTEE TO MERGE THE RESPONSIBILITIES OF THE COMMITTEES TO INVESTIGATE AND REVIEW (1) COMMUNITY RELATIONS BETWEEN THE CITY OF MIAMI POLICE DEPARTMENT AND THE PARTICIPATING INDIVIDUALS THAT TRANSPIRED THE WEEK OF JANUARY 3, 2000, AND (2) 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; AUTHORIZING THE ALLOCATION OF ALL FUNDS PREVIOUSLY ALLOCATED TO SAID COMMITTEES FROM SPECIAL PROGRAMS AND ACCOUNTS TO THE NEWLY RESTRUCTURED AD 'HOC COMMITTEE 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 AD HOC COMMITTEE DURING THE EXECUTION OF ITS DUTIES AND PRESENT SAME TO THE CITY COMMSSION FOR ITS REVIEW AND CONSIDERATION. WHEREAS, pursuant to Resolution No. 00-043, as amended by Resolution Nos. 00-270 and 00-370, the City Commission created a seven member Ad Hoc Committee to investigate and review community relations between the City of Miami Police Department and the CITY COMMISSION MEETING OF MAY 1 1 2000 espiution N participating individuals that transpired the week of January 3, 2000, related to the protests and demonstrations concerning Elian Gonzalez' political asylum and custody hearing; and WHEREAS, pursuant to Resolution No. 00-369, the City Commission created 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; and WHEREAS, the City Commission wishes to create a single seven (7) member committee to merge the responsibilities of both committees; 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. Resolution Nos. 00-43, as amended by Resolution Nos. 00-270 and 00-370, and Resolution No. 00-369, created to form two committees, are hereby amended for the purposes of merging the responsibilities of both committees into the functions of one Ad Hoc Committee. Section 3. A. seven (7) member Ad Hoc Committee is hereby created to investigate and review (1) community relations between Page 2 of 5 r�, ? �� 40 8 the City of Miami Police Department and the participating individuals that transpired the week of January 3, 2000, related to the protests and demonstrations concerning Elian Gonzalez' political asylum and custody hearing, and (2) 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, 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 a member of the Police Department to be named by the Chief of Police with said name to be filed with the City Clerk; and C. One (1) member to be named by the Mayor whose name shall also be filed with the City Clerk. Section 4. The herein Ad Hoc Committee is hereby charged with the responsibility of: a. investigating and reviewing community relations between the City of Miami Police Department and the participating individuals that transpired the week of January 3, 2000, related to the protests and demonstrations concerning Elian Gonzalez' political asylum and custody hearing; and b. 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 C. 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 Page 3 of 5 0 incident involving Grisel Ybarra on Tuesday, April 25, 2000; and d. investigating and reviewing complaints of any persons related to such incidents; and e. 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 Ad Hoc Committee to rely on advice from the City Attorney to ensure that its activity will not interfere with other ongoing investigations. Section 5. The Ad Hoc Committee shall exercise its powers so as to not interfere with any ongoing investigations. Section 6. The Ad Hoc 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 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 7. The Ad Hoc Committee. shall conduct its activities consistent with applicable law, including the Florida Government in the Sunshine Law and contractual requirements. Section 8. The allocation of funds previously allocated to said Committees from Special Programs and Accounts'are hereby reallocated to the newly restructured Ad Hoc Committee until further City Commission consideration of funding. Section 9. The City Manager is hereby directed to present a report to the City Commission as to the total estimated Page 4 of 5 0- qU 61 dollar allocations necessary to coverexpenses to be incurred by the Ad Hoc Committee during the execution of its duties and present same to the City Commission for its review and consideration. Section 10. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 11th day of May 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not Indleato approval of this legislation by signing it in the designated ,;,,me provW�d, pcnid I@giaiatign epW becomes effective with the elapse of ten (90) dzyr from the data of �m `�Ir�n goWfl regarding same, without the M*cox cis ve o. /1 ATTEST:city WALTER J. FOEMAN CITY CLERK APPROVED A TO OR ,,0D CORRECTNESS: CI �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 5 of 5 0 U 40 0