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HomeMy WebLinkAboutLegislationNA--3 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00727 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THAT FORMER COMMISSIONER ARTHUR EARLE TEELE, JR., HAS BEEN CLEARED OF ALL THE CRIMINAL CHARGES BY REASON OF WHICH HE WAS SUSPENDED FROM OFFICE; URGING GOVERNOR CHARLIE CRIST TO REVOKE THE SUSPENSION AND THEREBY ENABLE HIS WIDOW TO RECOVER BACK PAY AND SUCH OTHER EMOLUMENTS AND ALLOWANCES AS SHE MAY BE ENTITLED TO UNDER THE LAW. WHEREAS on November 14, 1997, Arthur Earle Teele Jr. was elected as a Commissioner of the City of Miami, and was subsequently re-elected on November 15, 2001; and WHEREAS, on September 14, 2004, the State Attorney for the Eleventh Judicial Circuit filed a two -count criminal information charging Commissioner Teele with two third-degree felonies: corruption by threat against a public servant and aggravated assault with a deadly weapon; and WHEREAS, on September 22, 2004, by Executive Order 04-212, the Governor of the State of Florida suspended Commissioner Teele from public office; and WHEREAS, on January 4, 2005, the State Attorney for the Eleventh Judicial Circuit filed an amended criminal information, charging Commissioner Teele with an additional ten counts of compensation/reward for unlawful official behavior; and WHEREAS, on February 16, 2005, the jury trial commenced as to the charges of corruption by threat against a public servant and aggravated assault with a deadly weapon; and WHEREAS, on March 2, 2005, the jury rendered its verdict finding Commissioner Teele not guilty on the aggravated assault with a deadly weapon and guilty on the charge of corruption by threat against a public servant; and WHEREAS, on March 3, 2005, by Executive Order 05-46, the Governor of the State of Florida, amended Executive Order 04-212, to reflect the suspension of Commissioner Teele as being further supported by the amended criminal information filed by the state on January 4, 2005; and WHEREAS, on March 18, 2005, the trial court entered a judgment of guilt as to the charge of corruption by threat against a public servant; and WHEREAS, on May 4, 2005, Commissioner Teele was sentenced to two years probation in state court; and WHEREAS, on July 14, 2005, the United States Attorney's Office filed a 26 count indictment in federal court, including charges of conspiracy to commit mail and wire fraud, wire fraud, mail fraud, City of Miami D7- 667d7'7 d / Page 1 of 3 Printed On: 5/23/2007 File Number: 07-00727 money laundering' conspiracy, money laundering promotion, money laundering concealment, and money laundering; and WHEREAS, on July 27, 2005, Commissioner Teele committed suicide; and WHEREAS, on August 12, 2005, the State Attorney's Office dismissed the ten counts of compensation/reward for unlawful official behavior; and WHEREAS, on December 13, 2005, the Federal District Court granted the United States' motion to dismiss the federal indictment against Commissioner Teele because of his death; and WHEREAS, on April 18, 2007, the Third District Court of Appeals reversed Commissioner Teele's conviction and sentence on the charge of corruption by threat against a public servant and subsequently on May 22, 2007, the trial court entered a judgment of acquittal; and WHEREAS, the Florida Supreme Court has ruled that a suspension from office does not destroy, but merely suspends, the right acquired by an election to the office; and WHEREAS, Florida Statute Section 112.51 (6), provides that if a municipal official is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of arrest, indictment, or information by reason of which he or she was suspended, then the Governor shall forthwith revoke the suspension and restore such municipal to office and the official shall be entitled to and be paid full back pay and such other emoluments or allowances to which he or she would have been entitled for the full period of the suspension; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami City Commission takes notice of the fact that Commissioner Teele has been cleared of all charges by reason of which he was suspended from office on September 22, 2004, by the Governor, and urges Governor Charlie Crist to revoke the suspension of former City Commissioner Arthur Earle Teele, Jr., and thereby enable his widow to recover back pay and such other emoluments or allowances as she might be entitled to under the law. Section 3. The City Clerk is directed to transmit a copy of this Resolution to Governor Charlie Crist. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM A • CORRECTNESS: JOR = L. ' ERNANDEZ CITY ' TONEY City of Miami Page 2 of 3 Printed On: 5/23/2007 File Number. 07-00727 Footnotes: {1} 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. City of Miami Page 3 of 3 Printed On: 5/23/2007