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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.
..Body
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 f() 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 ten (10) members from the names
submitted by the CIP nominating committee;
(2) The mayor shall recommend two ) 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 member, who shall
serve at the will of the chief of police.
() In the event a vacancy continues to exist on the CIP for more than ninety
(90) days, the vacancy shall be filled by an alternative method described
in sub -section (h) below.
(b) Nomination of members.
(1) The CIP shall appoint a CIP nominating committee to solicit and screen
applications, interview potential candidates to be appointed for
membership and submit such candidates. The CIP, upon majority vote,
shall submit nominations 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 of the CIP set forth in subsection
(a).
(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 L) members of
the CIP, with one member representing each of the five L5j commission
districts, except as set forth in subsection (2)a. CIP nominating committee
members shall be approved by a majority 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.
a. In the event the CIP does not include at least one member
representing each of the five ff) 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 district or districts. In addition,
applications may be submitted by community based, civic and
social service groups, leagues and organizations.
b. When the composition of the CIP includes at least two (2)
members from each of the five L) commission districts appointed
by the commission, any member of the CIP nominating committee
who serves pursuant to subsection (2)a. shall be replaced by a
CIP member representing the same commission district.
(3) No CIP nominating committee member shall serve on more than two a)
consecutive nominating committees.
(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 ,(,2) 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 , year prior to the
individual's appointment to the CIP, such individual is exempt from the requirement for
such law enforcement training only.
(e) [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 nominations submitted to it by the nominating committee unless the
appointment is made as described in sub -paragraph (h) below.
(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 submitted to it by the CIP, unless the
appointment is made as described in sub -paragraph (h) below.
(g) Terms of office. The terms of office of the members of the CIP appointed by the
city commission shall be for three ) 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 mcmbership
city commission. In no event, however, shall a No CIP member serve more than
six (6) consecutive years on the CIP.
LILO Alternate appointment process. In the event a vacancy exists on the CIP for
more than ninety (90) days, such vacancy shall be filled as applicable by either
the mayor or a nomination by the commissioner who nominated the member
whose position has become vacant with subsequent appointment by the
commission. Such appointment shall be effective for the remainder of the
unexpired term or until the mayor or the nominating commissioner leaves office.
* * tF * *1I
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}
..Footnote
{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 (10) 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
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, July 10, 2014
9:00 AM
REGULAR
City Hall Commission Chambers
City Commission
Tomas Regalado, Mayor
Wifredo (Willy) Gort, Chair
Keon Hardemon, Vice Chair
Marc David Sarnoff, Commissioner District Two
Frank Carollo, Commissioner District Three
Francis Suarez, Commissioner District Four
Daniel J. Alfonso, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Minutes July 10, 2014
FR.2 ORDINANCE First Reading
14-00527
Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
Attorney 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.
Motion by Commissioner Sarnoff, seconded by Vice Chair Hardemon, that this matter be
WITHDRAWN PASSED by the following vote.
Votes: Ayes: 3 - Commissioner(s) Gort, Sainoff and Hardemon
Absent: 2 - Commissioner(s) Carollo and Suarez
Victoria Mendez (City Attorney): Commissioners, as to -- going back to FR.2. Then, if you
allow me to bring this back in September just with one line basically having that stop gap
measure.
Chair Gort: Make sure you talk to the other board, and talk to us, and come back to us.
Ms. Mendez: Okay. Thank you.
Chair Gort: Thank you. FR.3.
Todd B. Hannon (City Clerk): Excuse me, Chair. For administrative purposes, can we ••- if FR.2
is not going to be acted upon, if we can -- is there going to be a -- are you --?
Ms. Mendez: .1 guess it's a definite deferral or withdrawn; I'll withdraw it.
Mr. Hannon: Okay. If 1 can have a motion to withdraw FR.2,
Commissioner Sarnoff So move.
Vice Chair Hardemon: Second.
Chair Gort: It's been moved by Commissioner Sarnoff; second by Vice Chairman Hardemon.
Any further discussion? Being none, all in favor, state -- say "aye."
The Commission (Collectively): Aye.
Mr. Hannon: Thank you.
City of Miami Page 2 Printed on 8/20/2014