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Home My WebLink AboutLegislation 7-9-09File Number: 09-00094 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5 CIVILIAN COMPLAINT INVESTIGATION AND REVIEW, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "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; appointment; terms of office and vacancies; appointment of the GID nominating Gommittee (a) Membership. The CIP shall consist of 4-3 nine 9 members, selected from those nominated by the public, and appointed as fellows by the City Commission: (1) The sCity commissioners shall ruler.+ ARGI A PGin+ nine momhorc from the RaMGS Guiharrvmi++ d by ... ... .., r. �.,.... .. .....„ ....� ., ,.,.. ... .. ... ., a,cccs�- �- +ho rIP .-.....a nr. rnmmi++� each propose one (1) member from their respective Districts; g GG „ (2) The mayor shall select propose two (2) three members from the names submitted by the Q -R (3) The city manager shall propose one (1) member; (3 4) The chief of police of the city shall appoint one (1) member, who shall serve at the will of the chief of police- and is exempt from the term limitations and nomination provisions set forth in this City of Miand Page 1 of 4 Printed On: 6/2/2009 City of Miami ` Legislation Ordinance File Number: 09-00094 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5 CIVILIAN COMPLAINT INVESTIGATION AND REVIEW, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "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; appointment; terms of office and vacancies; appointment of the GID nominating Gommittee (a) Membership. The CIP shall consist of 4-3 nine 9 members, selected from those nominated by the public, and appointed as fellows by the City Commission: (1) The sCity commissioners shall ruler.+ ARGI A PGin+ nine momhorc from the RaMGS Guiharrvmi++ d by ... ... .., r. �.,.... .. .....„ ....� ., ,.,.. ... .. ... ., a,cccs�- �- +ho rIP .-.....a nr. rnmmi++� each propose one (1) member from their respective Districts; g GG „ (2) The mayor shall select propose two (2) three members from the names submitted by the Q -R (3) The city manager shall propose one (1) member; (3 4) The chief of police of the city shall appoint one (1) member, who shall serve at the will of the chief of police- and is exempt from the term limitations and nomination provisions set forth in this City of Miand Page 1 of 4 Printed On: 6/2/2009 File Number.- 09-00094 article. (b) Procedure for appointment. No appointment shall be made by the city commission to membership on the CIP until notice is given in a newspaper of general circulation in the city of the vacancies at least thirty (30) days prior to the making of an appointment, soliciting and encouraging the public and professional or citizen organizations to nominate names of persons and their qualifications for consideration as prospective appointees. All appointments shall consider the racial, ethnic, religious linguistic and cultural diversity of the city. At least ten days (10) before making of any appointment the list of names nominated by the public shall be available for public inspection and consideration, together with a short statement of the qualifications of each person. In reaching a decision on appointment the city commission shall give due consideration to the names submitted. No person shall be appointed to membership on the CIP, whose name and qualifications have not been made publicly available in the manner set out, other than incumbent members. appGiRtR;eR thiz ipitial GIP. All app()iRtMeRtS te the GIP should be made with GeRSitivity te the FaGia-� geRdeF ethniGrnli@iG1 rc jinn, risJti6 and cultural diversity of the�ity— y .�. ate, rn ria haViRq FGGtG iR and ties to the City Gf Miami and Miami Dade Gounty. Said gFeups, leaguer, and aFgaRizations shall be selioited and given ROWe to submit to the Gity GleFk ftem their member -ship, the the GIP RGMiRatiR@ GE)Fnmittee. x{43 Qualifications for members of the CIP. ate. 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 t#e 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 City of Miami Page 2 of 4 Printed On: 6/2/2009 File Number. 09-00094 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. sem. 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 Go,—owe; ' for Civilian 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 ^f G� �^G' for Civilian 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. (4)( k64 Vacancies (ether than the r,,, 46GR to be filled by the Gity POI;Ge nhief in the membership of the CIP shall be filled by4he in the same manner set forth in this article for the particular opening where the vacancy exists. Gity rnmmiccinn eXG1 ion ely from R2MeG of 1hmi#ed to it by the GW—. (d) Terms of office. The terms of office of the members of the CIP appointed by the city commission shall be for three years. eXGept for the initial teFms that shall be feuF members for- three years, feuF teFrns of the membeFs appointed by the Gity GGFnFRi5GiGR shall be unaffeGted by the teFms of the may-ef Upon the effective date of this ordinance, all appointments and terms of office of the members shall be pursuant to this Article, as amended. No CIP member shall serve more than aiae two terms or six consecutive years OR the GIP. Membership service prior to appointments made pursuant to the date of this ordinance shall not be calculated against term limitation. 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/ JULIE CITY ATTORNEY City of Miand Page 3 of 4 Printed On: 6/2/2009 File Number.• 09-00094 Footnotes: 11} 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. f2} 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: 6/2/2009