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Home My WebLink AboutLegislation 10-22-09City of Miami City Hall 3500 Pan American _ Drive � ........... ; •33133 Legislation Miami, mi ov.co v.+ww.miamigov.com Ordinance File Number: 09-00094 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CIP NOMINATING COMMITTEE;" TO AMEND THE MEMBERSHIP, APPOINTMENT PROCESS AND TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 11.5/Article II/Section 11.5-28 of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1) "CHAPTER 11.5 CIVILIAN COMPLAINT INVESTIGATION AND REVIEW ARTICLE II. THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL Sec. 11.5-28. Membership; nomination of members; terms of office and vacancies; appointment of the CIP nominating committee. (a) Membership. The CIP shall consist of 13 members who shall reflect the racial, gender, ethnic, religious, linguistic, sexual orientation and cultural diversity of the City of Miami. In addition, the members shall include at least two members from each of the City of Miami five commission districts who permanently reside, own real property in, or work or maintain a business in each of those districts. (1) The CIP members shall be appointed as follows: (a) The city commissioners shall select and appoint nine members from the names submitted by the CIP nominating committee; (b) The mayor shall select three members from the names submitted by the CIP nominating committee which selections shall be ratified and appointed by the city commission; City of Miand Page 1 of 4 Printed On: 10/14/2009 File Number.' 09-00094 (c) The chief of police of the city shall appoint one member, who shall serve at the will of the chief of police. (b) Nomination of members. (1) The city remm;6&en—CIP shall appoint a CIP nominating committee to solicit and screen applications, interviewotp ential candidates to be appointed for membership and submit nominations to the city commission for appointment to the iRitial GIR The CIP, upon majority vote, shall submit nominees the city commission for appointments to fill vacancies on the CIP. All appointments to the CIP should be made diversity-ef +. he Gitr to maintain the diversity and composition of the CIP set forth in section 11.5-28(a_) above. (2) The CIP nominating committee shall solicit applications in English, Spanish and Creole for members of the CIP in public notices disseminated throughout the community and through the media and city NET Offices. In addition, applications may be submitted to the CIP directly by members of the city commission and community based, civic and social service groups, leagues and organizations. (3) All applications considered by the CIP nominating committee and the CIP shall be evaluated without regard to the individual or entity that solicited or submitted the application. (c) Appointment of the CIP nominating committee and selection of appointees to the CIP. (1) The CIP nominating committee shall be composed of five (5) members of the CIP except as set forth in $(c)(2)(i) below, and shall reflect the racial, gender, ethnic, religious, linguistic, sexual orientation and cultural diversity of the city. (2) The CIP nominating committee shall also include a member from each of the city's five districts who permanently resides in, owns real property in, or works or maintains a business in such district. (i) In the event the CIP does not include at least two (2) members representing each of the five commission districts, then the CIP shall fill vacancies on the CIP nominating committee with members of the general public who permanently reside in, own real property in, or work or maintain a business in, the unrepresented districts. To fill such vacancies, the CIP shall solicit applications in English, Spanish and Creole for CIP nominating committee members in public notices disseminated throughout the community and through the media and city NET Offices, with an emphasis on the unrepresented City of Miand Page 2 of 4 Printed On: 10/14/2009 File Number- 09-00094 district or districts. In addition, applications may be submitted by community based, civic and social service groups, leagues and organizations. CIP nominating committee members who are not members of the CIP shall be approved by a maiority vote of the CIP. (ii) When the composition of the CIP includes at least two (2) members from each of the five commission districts, each member of the CIP nominating committee who is not a member of the CIP shall be replaced by a CIP member representing the respective commission district. (3) No CIP nominating committee member shall serve on more than two consecutive nominating committees. 04(d) Qualifications for members of the CIP. (a)(_1) All members of the CIP shall be either permanent residents of the city, own real property in the city, or work or maintain a business in the city, except for the appointee of the chief of police, and shall have good reputations for integrity and community service and shall have no record of a felony conviction. (b)(2 No appointee to the CIP, nor any member of the appointee's immediate family, except for the appointee of the chief of police, shall be currently employed by the city nor be a sworn former employee of the city police department. No appointee may be currently a party or party's legal representative in litigation against the city. The filing of a complaint against the city alleging liability of the city through actions of any police or other sworn or enforcement personnel shall immediately disqualify any appointee from serving on the CIP. Any appointee who has been the legal representative of any party in litigation against the city is prohibited from serving on the CIP for two years from the conclusion of such litigation. (z)g Upon assuming the duties of the CIP, members shall complete training in ethics, conflict of interest, Florida Sunshine Law, and shall commit to complete Citizens Police Academy Training or approved training through NACOLE (National Association of Citizens' Oversight of Law Enforcement) or equivalent programs. If the individual appointed by the chief of police is a former police officer or if any of the other appointees have completed citizens police academy training or approved training through NACOLE (National Association of Citizens' Oversight of Law Enforcement) or equivalent programs within one year prior to the individual's appointment to the CIP, such individual is exempt from the requirement for such law enforcement training only. (b)(g) The city commission shall appoint all members of the CIP (except the appointee of the chief of police) by majority vote exclusively from the nominations submitted to it by the nominating committee. (&)(fl Vacancies (other than the position to be filled by the city police chief) in the membership of the CIP shall be filled by the city commission by majority vote exclusively from names submitted to it by the CIP. d)(e) Terms of office. The terms of office of the members of the CIP appointed by the city commission shall be for three years, 9xsect-fer thei^i+-�,-�;al terr;s-that shall befGUF FReFAberj free Ist. The terms of the members appointed by the city commission shall be unaffected by the terms of the mayor and city commissioners. CIP members shall continue to serve until their successors have been appointed and qualified. To effect the transition of the existing membership of the CIP, as of the effective date of this ordinance, the nominating committee chair of the existing CIP shall compose a committee that reflects the requirements of this ordinance and submit proposed new members consistent with the requirements of this ordinance directly for appointment by the City Commission. No CIP member shall serve more than six consecutive years on the CIP. City of Miami Page 3 of 4 Printed On. 10/1412009 File Number. 09-00094 Section 2. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 3. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS -t/ JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 Printed On: 10/14/2009