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HomeMy WebLinkAboutR-00-0918J-00-920 10/25/00 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE), EFFECTIVE UNTIL JULY 1, 2001, FOR THE PURPOSE OF CONDUCTING SUCH CRIMINAL INVESTIGATIONS AS MAY BE APPROPRIATE CONCERNING ANY CITY OF MIAMI ELECTED OFFICIAL. WHEREAS, the City of Miami and the Florida Department of Law Enforcement ("FDLE") have agreed to enter into a Memorandum of Understanding for the FDLE to conduct criminal investigations as may be appropriate should a possibility of credible allegations of wrongdoing which would constitute a violation of the public trust by a City of Miami elected official exist; and WHEREAS, with the cooperation and assistance of the Miami Department of Police,-FDLE will conduct these investigations to avoid any real or perceived conflict of interests and ensure CWT° 1 CITY COMMISSION MEETING OF 0 C T 2 6 2000 I solution No- public safety and peace for the citizens of the community and to maintain the integrity of 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 and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorizedll to execute a Memorandum of Understanding, in substantially the attached form, between the City of Miami and the Florida Department of Law Enforcement, effective until July 1, 2001, for the purpose of conducting such criminal investigations as may be appropriate concerning any City of Miami elected official. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2/ 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter .and Code provisions. 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 2 of 3 PASSED AND ADOPTED this 26th day of October 1 2000. JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of by signing it in the designated ignate P�ar I provided, said legislation no th�". d becu.,.-- ;'Ifectivc with the elapse of t (10 day,. r 'rithe fC ommi regarding same, without the May4 ev min A&..tT ATTEST: WALTER J. FOEMAN CITY CLERK FORM AND CORRECTNESS.t LEJLWRO VILARELLO ITY ATTORNEY 786:lg:LB:BSS 9 Page 3 of 3 101 0 — fo-4 FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND THE CITY OF MIAMI MEMORANDUM OF UNDERSTANDING FOR PUBLIC INTEGRITY INVESTIGATIONS WHEREAS the below subscribed agencies, the Florida Department of Law Enforcement (hereinafter "FDLE") and the City of Miami, have joined together in a collaborative effort to investigate credible allegations of criminal conduct perpetrated by City of Miami elected officials which would constitute a violation of the public trust and to refer for prosecution those individuals responsible for committing any such crimes; and WHEREAS, the parties agree that, in all such instances, thorough investigation, collection of evidence and objective analysis are imperative to assure that justice is served; and WHEREAS the investigation. of these City of Miami elected officials may create a real or perceived conflict of interest for the City of Miami Police Department; and WHEREAS, the FDLE is duly authorized by Chapter 943, Florida Statutes, to investigate violations of any of the criminal laws of the state and to make and enter into agreements with other agencies which are deemed necessary, expedient or incidental to the performances of its duties; and WHEREAS the agencies agree that to avoid any such actual or perceived conflict of interest, it is thus fitting for FDLE to conduct such criminal investigations as may be appropriate concerning any City.of Miami elected official and that in return, the City of Miami Police Department will offer unfettered cooperation and assistance in such investigation as provided for in this Agreement; NOW THEREFORE, the parties agree as follows: MISSION STATEMENT The City of Miami recognizes criminal investigations of elected officials within a city government oftentimes raise the potential for an actual or perceived conflict of interest for the City of Miami investigators and the City of Miami Police Department charged with investigating the allegations. In this respect, it is desirable then to request another governmental agency to assist the city government in investigating public integrity crimes. Therefore, FDLE has agreed to investigate credible allegations of criminal wrongdoing perpetrated by elected officials which, if committed, would constitute a breach of the public trust. The parties agree that such investigations will be conducted in accordance with the guidelines promulgated below. INVESTIGATIVE GUIDELINES 1. FDLE agrees to investigate incidents of suspected criminal conduct as described herein, where the suspect is an elected official in the City of Miami. 2. FDLE will be the lead investigative agency in elected official investigations as contemplated by this agreement. FDLE will be solely responsible for all investigative decisions made in such matters. 3. The City of Miami Police Department agrees to provide investigative and forensic services to FDLE, upon request. Such assistance and cooperation shall include, but is not limited to, providing documents, intelligence information or any other information requested by FDLE. 4. The Office of Internal Affairs for the City of Miami Police Department will serve as liaison between the two agencies and shall assist in coordinating efforts and information in investigations contemplated by this agreement. 5. The parties agree that the City of Miami will retain overall direction and responsibility for any internal or administrative investigations initiated in response to allegations against an elected official. The parties agree that the criminal investigative efforts take precedence over any internal or administrative investigations conducted by the City of Miami. No internal report or statement authored or obtained by City of Miami personnel involved in the subject incident that has been provided to the City under order or policy shall be provided, or its contents revealed, to the criminal investigative team or the prosecutor until such time as the criminal investigative team and the FDLE Office of General Counsel agree that the criminal investigation will not be adversely impacted by any immunity that may attach to any such statement. The criminal investigative team and the FDLE Office of General Counsel may consult with the prosecutor to determine whether such statement may adversely impact any subsequent criminal prosecution. However, the criminal investigative team and the FDLE Office of General Counsel will make the final determination regarding use of such statements in FDLE's investigation. To help assure that the criminal investigation is not impeded or negatively affected by internal or administrative investigative efforts, the City of Miami's internal or administrative investigation shall be initiated only after the criminal investigative efforts have been concluded or when otherwise specifically authorized by the FDLE's investigative team. 6. The City of Miami Police Department agrees to reimburse FDLE for any extraordinary investigative costs incurred during the course of and as a result of the criminal investigation. Such costs include, but are not limited to, airfare, rental car and/or other transportation costs and travel expenses. Such extraordinary investigative costs shall be approved by the FDLE MROC Regional Director before submission to the City of Miami Police Department for reimbursement. 7. At the appropriate stage(s) of an investigation initiated under this Memorandum of Understanding, FDLE will forward copies of investigative reports and investigative summaries to the State Attorney, for review. Transmittal of reports and summaries will be done so as to preserve any applicable exemptions from public disclosure and to 00- 918 maintain any confidentiality of information that may apply. FDLE agrees to provide the City of Miami Police Department at the conclusion of the investigation with a completed copy of all investigative reports. Any press release related to investigative activities and responses to public records requests shall be coordinated jointly by FDLE, the City of Miami and any other involved agencies to assure that disclosure, if any, is appropriate and timely. 9. Nothing in this Agreement should be construed as limiting or impeding the basic spirit of cooperation which exists between the agencies involved. TERM OF AGREEMENT This Agreement shall be effective upon execution by the parties. This Agreement shall remain in full force until July 1, 2001, unless earlier canceled in writing. This Agreement may be extended on a year -by -year basis, subject to the continuation of all terms and limitations expressed herein, by execution by the participating Parties of written notification of extension of agreement. Any written cancellation or extension shall be forwarded to FDLE at the address noted above. IN WITNESS WHEREOF, the Parties hereto sign on the date specified. For the Florida Department of Law Enforcement Doyle Jourdan, Regional Director Miami Regional Operations Center Date For the City of Miami Carlos A. Gimenez, City Manager City of Miami Police Department Date 0' H8 CITY OF MIAMI, FLORIDA CA=1 INTER-OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE: OCT 10 2,300 of the City Commission FILE SUBJECT, Proposed Resolution FROM : REFERENCES: Memorandum of Understanding Ci Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute a Memorandum of Understanding between the City of Miami and the Florida Department of Law Enforcement (FDLE), for the purpose of rendering collaboration and cooperation in public integrity investigations. BACKGROUND The Florida Department of Law Enforcement and the City of Miami Police Department have joined together in a collaborative effort to investigate credible allegations of criminal conduct perpetrated by City of Miami elected officials, which would constitute a violation of the public trust, and to refer for prosecution those individuals responsible for committing any such crimes. In the event of a real or perceived conflict of interest for the Miami Police Department, FDLE will conduct such criminal investigations as may be appropriate concerning any elected City of Miami public official and that in return, our Police Department will offer unfettered cooperation and assistance in such investigation as provided for in this agreement. CAG /JLM/lr