HomeMy WebLinkAboutLegislation SRFile 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 app9iRted as fqllqws: who shall reflect the
racial, aender. ethnic, religious, linguistic, sexual orientation and cultural diversity of the Citv of Miami.
The membership shall include at least two members from each of the five City of Miami commission
districts who permanently reside in, own real property in, or work or maintain a business in, each of
those districts.
(4-) The CIP members shall be appointed as follows:
(a1) The city commissioners shall select aiae ten members from the names submitted by the CIP
nominating committee;
(2) The mayor shall seleGt thFee recommend two members from the names submitted by the CIP
nominating committee Which-selestiees shall --be—ratified and appe ^ted for consideration for
City of Miami Page 1 of 4 File Id: 09-00094 (Version: 5) Printed On: 6/11/2010
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Legislation
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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 app9iRted as fqllqws: who shall reflect the
racial, aender. ethnic, religious, linguistic, sexual orientation and cultural diversity of the Citv of Miami.
The membership shall include at least two members from each of the five City of Miami commission
districts who permanently reside in, own real property in, or work or maintain a business in, each of
those districts.
(4-) The CIP members shall be appointed as follows:
(a1) The city commissioners shall select aiae ten members from the names submitted by the CIP
nominating committee;
(2) The mayor shall seleGt thFee recommend two members from the names submitted by the CIP
nominating committee Which-selestiees shall --be—ratified and appe ^ted for consideration for
City of Miami Page 1 of 4 File Id: 09-00094 (Version: 5) Printed On: 6/11/2010
File Number: 09-00094
appointment by the city commission;
'(s3) 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 CIP shall appoint a CIP nominating committee to solicit and screen
applications, interviewotp ential candidates to be appointed for membership and submit such
candidates to RGMiRatiGRG tG the nit y GGR;MOSSiGR fnr annniRtmon+ tG +ho iRi+ial GIR The CIP, upon
maiority vote shall submit nominations to the city commission for appointments to fill vacancies on the
CIP. All appointments to the CIP should be made with Seas+t+vi+tte the FaGial, geRder, ^ethRie-
FeligieQ6,li-, Rga RiG a fd-GUIWFa divnFGit, of the Gi+y 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.
hayiRg F99tG iR and ties te the Gity ef Miami and Miami Dade GGwRty. Sand gFeyps, leagues and
(1) The CIP nominating committee shall be composed of five (5) members of the CIP, with one (1)
member representing each of the five commission districts, except as set forth in §(c)(2)(i) below. CIP
nominating committee members shall be approved by a maiority vote of the CIP.
(2) The CIP nominating committee shall reflect the racial, gender, ethnic, religious linguistic, sexual
orientation and cultural diversity of the city.
In the event the CIP does not include at least one (1) member 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
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File Number: 09-00094
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
district or districts. in addition, applications may be submitted by community based, civic and social
service groups, leagues and organizations.
iii When the composition of the CIP includes at least two (2) members from each of the five
commission districts appointed by the Commission, any member of the CIP nominating committee
who serves pursuant to section 11.5-28(c)(2)(i), above, shall be replaced by a CIP member
representing the same commission district.
(3) No CIP nominating committee member shall serve on more than two consecutive nominating
committees.
{4 (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.
(s)(3) Upon assuming the duties of t -he CiP membership members shall complete training in ethics,
conflict of interest, and the 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
(NatiORal nsseGiat;GR of QtiZeRS' QV8%i Jho of Law E49FGGR4e4t) 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.
(a)(e) 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.
(&)(f) 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, exGept fns the initial tepms that shall be f9UF McMbe o f9F th,eo
let. 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
nominating committee that reflects the requirements herein; and submit nominations of proposed new
CIP members consistent with the requirements of this {ordinance} directly for appointment by the City
Commission. No CIP member shall serve more than P44e six consecutive years on the CIP.
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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 TO CORRECTNESS:
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.
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