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Ordinance
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3500 Pan American
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Miami, FL 33133
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File Number: 14-00527 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 BYAMENDING
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 thirteen.(13). members who shall reflect the racial,
gender, ethnic, religious, linguistic, sexual orientation and cultural diversity of the city.
The membership shall include at least two (2) members from each of the five (5) city
commission districts who permanently reside in, own real property in, or work or
maintain a business in, each of those districts.
The CIP members shall be appointed as follows:
(1) The city commissioners shall select ton membcrs from the names submitted by the
CIP nominating committee Each city commissioner shall recommend two (2)
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members subiect to appointment by the city commission;
(2) The mayor shall recommend two (2) members from the names submitted by the CIP
nominating committee for consideration for appointment by the city commission;
(3) The chief of police of the city shall appoint one (1) 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
to the city commission for appointments to fill vacancies on the CIP. All
appointments to the CIP should be made to maintain the diversity and
composition heCIP set forth in c.ubsestion (a)
{2) The CIP nominating committee shall solicit applications in English, Spanish and
Creole for members of the CIP in public notices di'seminated throughout the
{3) All applications considered by the CIP nominating committee and the CIP shall be
application.
{c)
{1}
one member representing each of the five commission districts, except as set
by a majority vote of the CIP.
(2) The CIP nominating committee shall reflect the racial, gender, ethnic, religious
; nguisti6 sex„al orientation and c„ltural diver ity of the city
a- In the event the CIP does not include at least one member representing
the CIP nominating committee with members of the general public who
shall solicit applications in English, Spanish and Creole for CIP
nominating committee members in public notices disseminated
throughout the Comm, mitt' and thro„gh 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.
b
of the five commission districts appointer! by the commission ny
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member of the ('ID nominating nnmmittee who serve o ant to
g c�ec o1"1 (2)a shall be replaced by ('ID member representing the
G�l7TCf �. �r:�:vv,w vy u v vl...ivvv y
came commiscion district.
(3) No CIP nominating committce member shall serve on more than two consecutive
nominating committccs.
(d) Qualifications for members of the CIP.
(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.
(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 LQ years from the conclusion of such litigation.
(3) Upon assuming the duties of CIP membership members shall complete training in
ethics, conflict of interest, public records 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 or equivalent programs within one (1) year prior to the individual's appointment to the
CIP, such individual is exempt from the requirement for such law enforcement training only.
(e)Lcj. [Appointment by majority vote.] The city commission shall appoint all members of the
CIP (except the appointee of the chief of police) by majority vote exclusively from the
(f)� [Vacancies.] 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 submitted4n it by Oho C!P
{-g}{ Terms of office. The terms of office of the members of the CIP appointed by the city
commission shall be for three (3) years. 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 membcrship of thc CIP, as of the
cffcctivc date of Ord. No. 13186, thc nominating committee chair of the existing C!P
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submit nominations of propoccd new CIP members consictcnt with the requirements of
this section directly for appointment by the city commission. In no event, however, shall
a Ne CIP member serve more than six (6) consecutive years on the CIP.
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}
APP'' OVED AS TO FORM AND COIIRECTNESS:
VI TORIA ' ENDEZ
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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