HomeMy WebLinkAboutCover Memo SR 6-10-10Second Reading ordinance
CITY OF NHANH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Co ission
FROM: Julie O. Bru, City Attorney&
DATE: May 28, 2010
RE: Civilian Investigative Panel
Matter ID No.: 08-2718
This memorandum addresses concerns expressed at the City Commission meeting of
May 13, 2010 regarding FR.2, relating to the Civilian Investigative Panel,
The Civilian Investigative Panel was created pursuant to the requirements of Section 51
of the City Charter. Section 51 provides in relevant part:
"The city commission shall, by ordinance, create and establish a civilian
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 who shall be nominated by the public and aDDointed by the citv
commission;" (emphasis added)
City Code Chapter 11.5, adopted February 14, 2002, implemented Charter Section 51
by creating the City of Miami Civilian Investigative Panel.
As currently enacted, Section 11.5-28 of the City Code provides that the CIP shall
consist of 13 members appointed as follows:
(1) nine members appointed by the City Commission from the names submitted by the
CIP nominating committee;
(2) three members selected by the Mayor from the names submitted by the CIP
nominating conunittee, "which selections shall be ratified and appointed by the City
Commission" (emphasis added); and
(3) one member appointed by the chief of police who serves at the will of the chief of
police.
During the May 13, 2010 City Commission meeting, a question was raised about
whether the Mayor's selection of members of the CIP from names submitted by the CIP
nominating committee for ratification and appointment by the City Commission is consistent
with the provision of Section 51 of the City Charter described above. The Mayor's selection
from the names submitted by the CIP nominating committee, for ratification and appointment
by the City Commission, does not conflict with City Charter Section 51. At the time of
enactment of Charter Section 51, the City Commission specifically provided for the Mayor's
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participation in the process of selecting CIP members in response to community input
supporting such participation by the Mayor.
Charter Section 51 does not prohibit a role for the Mayor in selecting members of the
Civilian Investigative Panel so long as the ultimate appointment of the members is made by the
City Commission. The City Commission can, in its discretion, amend the City Code to
structure the Mayor's role so that the Mayor can continue to participate in the selection of
members of the CIP. If so, Section 11.5-28 of the City Code can be amended, to provide that
the Mayor will recommend two members (rather than three, as discussed on May 13, 2010)
from the names submitted by the CIP nominating committee for consideration for appointment
by the City Commission. In this case, the existing language of Section 11.5-28(a) (2) would
also be amended to clarify that the Mayor's participation is to be that of recommending
members for appointment by the City Commission, and that the City Commission is not
compelled to ratify or appoint the Mayor's selections. The ordinance attached provides for
this.
If it is your decision that the Mayor should no longer select members from the names
submitted by the CIP nominating committee for ratification and appointment by the City
Commission, Section 11.5-28 can be amended, to remove the Mayor's ability to make
selections and, therefore, to provide that the CIP will consist of 11 members rather than 13.
The City Commission can decide to make other changes to the Mayor's role in the
selection process (for example, the number of selections the Mayor can make), for which
appropriate City Code revision(s) would be needed and drafted.
IT/dd
Enclosure(s)
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