HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #16605
Date: 09/03/2024
Commission Meeting Date: 10/24/2024
Type: Ordinance
Subject: Repeal - Chapter 11.5 -
Civilian Complaint Investigation Review
PURPOSE OF ITEM:
Requesting Department: City Manager's
Office
Sponsored By:
District Impacted:
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER 11.5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "CIVILIAN COMPLAINT
INVESTIGATION AND REVIEW," IN ITS ENTIRETY; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Budget Impact Analysis
Total Fiscal Impact:
N/A
City Commission
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Office of the City Clerk
Reviewed B
Joseph Castro
Marie Gouin
Natasha Colebrook -Williams
Arthur Noriega V
Valentin J Alvarez
Juan Carlos Perez
George K. Wysong III
Joseph Castro
Maricarmen Lopez
Mayor's Office
City Clerk's Office
City Clerk's Office
Meeting
Budget Review
Deputy City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Unsigned by the Mayor Completed
Signed and Attested by the City Clerk Completed
Rendered Completed
09/12/2024 9:00 AM
09/16/2024 8:54 AM
09/17/2024 10:28 AM
09/17/2024 11:33 AM
09/17/2024 12:00 PM
09/17/2024 12:00 PM
09/17/2024 6:49 PM
09/26/2024 9:00 AM
10/24/2024 9:00 AM
11/01/2024 2:52 PM
11/01/2024 3:41 PM
11/04/2024 9:41 AM
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
City of Miami
Legislation
Ordinance
Enactment Number:14322
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16605 Final Action Date: 10/24/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING
CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "CIVILIAN COMPLAINT INVESTIGATION AND
REVIEW," IN ITS ENTIRETY; FURTHER AMENDING CHAPTER
18/ARTICLE III, TITLED "FINANCE/CITY OF MIAMI PROCUREMENT
ORDINANCE," SPECIFICALLY BY AMENDING SECTION 18-72, TITLED
"APPLICATION AND EXCLUSIONS," AND SECTION 18-74, TITLED
"CONE OF SILENCE," TO REMOVE REFERENCES THERETO;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, on April 12, 2024, House Bill 601 was signed by the Governor, amending
section 112.533, Florida Statutes, effective July 1, 2024; and
WHEREAS, Section 112.533, Florida Statutes, now preempts a municipality from
adopting or enforcing any ordinance relating to the receipt, processing, or investigation of
complaints of misconduct against law enforcement or correctional officers, except as expressly
provided in that section; and
WHEREAS, Section 112.533, Florida Statutes, also preempts civilian oversight of law
enforcement agencies' investigations of complaints of misconduct by law enforcement or
correctional officers; and
WHEREAS, Chapter 11.5 of the Code of the City of Miami, as amended ("City Code"),
titled "Civilian Complaint Investigation and Review" establishes the City of Miami Civilian
Investigative Panel ("CIP"); and
WHEREAS, the CIP was created for the express purpose of receiving, processing, and
conducting investigations of complaints of misconduct alleged against law enforcement officers
of the Miami Police Department ("MPD"); and
WHEREAS, the CIP acts as an independent civilian oversight board of the sworn officers
of MPD and departmental investigations conducted thereof relating to potential misconduct by
law enforcement officers; and
WHEREAS, the CIP conducts independent investigations of closed MPD Internal Affairs
cases for the purposes of determining their own conclusion into complaints of misconduct by
MPD officers; and
WHEREAS, House Bill 601 expressly limits only the Chief of Police to establish a civilian
oversight board to review the policies and procedures of his or her department and its
subdivisions; and
WHEREAS, Chapter 11.5, Article I and Article II, of the Code must be repealed to
comply with Florida law;
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 11.5 of the City Code is hereby repealed in its entirety:1
"Chapter 11.5
CIVILIAN COMPLAINT INVESTIGATION AND REVIEW RESERVED.
ARTICLE I. IN GENERAL
Secs. 11.5 1 11.5 25. Reserved.
ARTICLE II. THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL
Sec. 11.5 26. Created; established.,l I shebc
The Civilian Investigative P-ae/"r+ �erre•a-ted and ecctat7IFFshed.
Sec. 11.5 27. Purposes, powers and duties.
The purpose, powers and duties of the CIP are to:
{1) Act as independent civilian oversight of the sworn officers of the city's police
department;
{2) Exercise its powers so as to not interfere with any pending or potential criminal
investigationsor prececutions and conduct its activities consistent with applicable law,
incli ding b t not limited to the Florida Government in Oho S nshine I aw and with
applicable labor contracts;
{3) Engage the services of trained investigators and secure adcquatc training for its
rnembers, including training in police policies and practices;
{/1) Conduct investigations consistent with the procedures set forth in section 11.5 31,
facilitate resolutions rind propose recommendations as try disposition or other
outcome to the police chief, city manager, or, where appropriatc, othcr city officials
regarding:
a. Allcgations of misconduct by officers of the city's police department;
b. Incidents of uses of force by officers of the city's police department resulting in
death or great bodily harm try a person eiith the mandatory duty to automatically
investigate police shootings or other uses of force resulting in the death of a
person; and
c. incidents, events, or systemic problems involving officers of the city's police
department that affect the community.
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.
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
{5) Promote community understanding and utilization of the process by which complaints
are submitted and reviewed or investigated by the CIP and/or the city's police
department;
{6) Forward complaints alleging criminal activity to the city's police department;
{7) Request issuance of subpoenas after consultation with the state attorney of the
Eleventh Judicial Circuit in and for Miami Dade County for the purpose of obtaining
that no immunity be conferred by the CIP, and further, that no actions of the CIP may
interfere with any pending or potential criminal investigation -or prosecution;
{8) Make written recommendations to the police chief as to current used city
trainino recri fitment andl d7icciolinary procedli free
o
CIP's authority;
{10) Establish, in collaboration with the executive director, written rules and standard
operating procedures for internal governance and standards for training for CIP
members and! sta#• and
annually pursuant to written criteria established by the CIP.
Sec. 11.5 28. Membership; qualifications; nomination of members; nominating committee;
appointment and filling vacancies; terms of office.
{a) Membership. The CIP shall consist of 13 members who should reflect the diversity of the
city.
These 13 members shell be selected! approved! end! appointed! ac follows:
0 0
{1) The city commissioners shall approve the appointment of ten members from a pool of
nominees selected and submitted by the CIP. These ten members shall include at
least two members from each of the five city commi-lion districts who permanently
reside in, own real property in, or work or maintain a busine in that city commission
district.
{2) The mayor shall recommend two members from a pool of nominees selected and
submitted by the CIP for approval and appointment by the city commission. These two
rnembers shall permanently reside in, own real property in, or work or maintain a
business in the city;
{3) The police chief shall appoint one member, who shall serve at the will of the police
chief.
{b) 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 busine-s in the city, except for the appointee
of the police chief and! shall have good) reputations for integrity andl comma inity
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 police chief, shall be currently employed by the city nor be a
sworn former employee of the city's police department. No person who is currently, or
may serve on the CIP for at least two years from the conclusion of such litigation,
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
including any appeals. The filing of a legal claim or lawsuit against the city alleging
liability of the city through actions of any police or other sworn or enforcement
personnel shall disqualify any person from serving on the CIP.
appointee of the police chief, shall also commit to complete Citizens Police Academy
Training or approved training through NACOLE (National Association of Citizens'
Oversight of Law Enforcement) or equivalent programs, unless the member has
completed such training within one year prior to appointment to the CIP.
{c) Nomination of members to fill vacancies.
{1) The CIP shall appoint a CIP nominating committee to solicit and screen applications
shall, upon majority vote, submit nominations to the city commission for approval and
appointmcnt to fill vacancics on the CIP pursuant to subsection 11.5 28(a) of the City
Code.
{2) The CIP nominating committee shall solicit applications for vacancies on the CIP by
CIP directly by members of the city commission and community based, civic, and
shall be evaluated without regard to the individual or entity that solicited or submitted
the application.
(d) Appointment of the CIP nominating committee.
{1) The CIP nominating committee shall be composed of five members of the CIP, with
one member representing each ^f ive Git-Gem:lion districts, except as set
forth in subsection (2)a. below. The nominating committee shall be appointed annually
by the chairperson, subject to approval by a majority vote of the CIP, to scrvc a one
year term, which term may be extended if necessary to permit completion of the
process described in subsection (c)(2) with respect to a given set of vacancies.
{2) The CIP nominating committee shall reflect the diversity of the city.
a. In the avant the CIP doss not include at least one member representing each of
the five city commission districts, then the CIP shall fill vacancies on the
nominating committee with members of the general public who permanently
reside in, own real property in, or work or maintain a busine-c in the
unrepresented districts. To fill such vacancies, the CIP shall solicit applications
{3)
community and through the media with an emphasis on the unrepresented
`+ d n appli a ns may bn s ibmitted bpi comma unity
bas c d sn l seryi ps I and organize nc
,� , e+v;�a��c�a,-��Ee-g�aa,��eag��,,,Z-at+e„T
b. When the composition of the CIP includes at least two members from each of the
five city commission districts any member of the nominating committee n iho is
serving pursuant to subsection (2)a. shall be replaced by a CIP member
representing the same city commission district.
No CIP member shall serve on more than two consecutive nominating committees.
Appointment and filling vacancies by majority vote. The city commission shall approve and
snake all appointments to fill any vacancies on the CIP (except the appointee of the police
chief) by majority vote exclusively from the nominations submitted to it by the CIP.
Terms of office. The terms of office of the members of the CIP appointed by the city
commission shall be for three years and shall be unaffected by the terms of the mayor and
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
city commissioners. No CIP member shall serve more than two consecutive three year
terms, provided that such CIP members may continue to serve until their successors have
been appointed but in no event for more than two additional months.
Sec. 11.5 29. Officers.
The CIP shall elect, by ma o ote fromits Fembers a person chairperson
and such other officers as deemed necessary. The chairperson of the CIP shall have the power
to appoint, with the approval by majority vote of the CIP, all members serving on the various
committees that the CIP may establish from time to time.
procedures and rules of procedure; recordation.
{a) Meetings, quorum and voting. All meetings of the CIP shall be open to the public. The
chairperson or three members of the CIP may call a meeting, provided that the meeting is
noticed for at least seven days prior to the meeting date and pursuant to the provisions set
forth in section 11.5 36. A quorum shall consist of seven members of the CIP. An
affirmativc votc of not Icss than 51 percent of the members present and voting at any
rneeting is required for any action to be taken by the CIP unless otherwise set forth herein.
(b) Attendance requirements. The provisions set forth in section 2 686-of this Code shall apply
to all members of the CIP.
(c) Parliamentary authority and rules of procedure. The parliamentary authority of the CIP shall
be Robert's Ri Iles of Order (Ci irrent Edition) i unless Oho (`ID adopts its own order of
jurisdiction, not inconsistent with the provisions set forth herein, which rules of procedure
shall be filed with the city clerk. Copies of minutes of all CIP meetings shall be furnished to
the mayor, commissioners, city manager, city attorney and chief of police.
(d) Recordation. The CIP shall be responsible for the recordation and transmittal of its minutes
and may requcst the city clerk to carry out recordation functions.
Sec. 11.5 31. Procedures for investigation of direct filed cases, investigation, or review of
internal affairs' closed cases; timeframes for and completion of investigations and
reviews; review of police policics, procedures ar,d practices; and issi lance „f reports
The following procedures shall be followed:
{1) Directly filed cases. Complaints concerning allegations of police misconduct, police
uses of force, or other matters pertaining to repeated issues of police misconduct may
be directly filed with the CIP by anyone, including a member of the CIP or its staff.
a. All complaints shall be rcduccd to writing using a form approved by the CIP for
that purpose;
b. The police department shall be notified of complaints received by the CIP within
two working days;
c. All complaints must be submitted within a year of the date of the incident or
cvcnt, or within one y ar of the complainant bccoming aware of the systemic
problem, giving rise to the complaint. Complaints filed more than one year
thereafter may, however, be accepted by the CIP only if approved by a majority
vote of its members.
{2) Investigation or review of CIP cases.
a. Investigation of directly filed cases. Investigation of complaints directly filed with
the CIP shall proceed as follows:
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
1. Where a directly filed complaint involves potentially criminal conduct by a
police officer, the CIP may proceed with an investigation upon receipt of a
written determination by its independent counsel, who shall be required to
consult with the appropriate prosecutorial agencies, that such an
investigation will not interfere with any pending or potential criminal
investigation-e -prosecution. A decision of the CIP to proceed with such an
investigation may be challenged by a executorial agency engaged in
investigating or -prosecuting the same matter by seeking a judicial order.
Written notification of such a legal challenge shall stay the CIP's
investigation for /18 hours permitting the prosecuting agency to obtain such a
judicial order.
2. Upon determination by the executive director, in consultation with the
independent counsel as needed, that a directly filed complaint does not
involve potentially criminal conduct by a police officer, or upon the
independent counsel's written determination that a CIP investigation will not
interfere with any pending or potential criminal investigation-e-prosecution,
the CIP may proceed with an independent investigation of the complaint in
accordance with the time frames specified in subsection (3) below.
b. Police use of force involving death or great bodily harm to a person. Upon a
written determination by the independent counsel that an investigation will not
whether any allegation of misconduct is made, the CIP must automatically
commence an independent investigation into any incident in which a police
shooting or other uscc of force resulted in d th of a person and may commence
an independent invcstigation into any use of force resulting in great bodily harm
to a person.
c. Investigation or review of internal affairs closed cases. The close-out reports of
all invcstigations of police misconduct conducted by internal affairs of the city's
police department shall be transmitted to the CIP within three working days of the
police chiefs final decision. Thereupon, internal affairs shall make its entire
investigative file available to CIP staff for inspection and copying. The CIP may
then proceed to conduct either an independent investigation of the matter or a
review of the internal affairs' file, in accordance with the time frames specified in
subsection (3) below.
d. Notice of commencement. Affected officers, and complainants shall be notified of
the commencement of the CIP's investigation or review.
investigation or review proce-s:
a. Upon dctcrmination that a dircctly filed complaint does not involve potentially
criminal conduct by a police officer, the CIP's investigation must commence
within ten working days of the filing of the complaint and must be completed and
presented to the members of the CIP for their final consideration at a regular or
special meeting within 180 days of the investigation's commencement.
b. With respect to directly filed complaints that involve potentially criminal conduct
by a police officer, the following timeframes shall apply:
1. Within three working days of the filing of such complaint, the CIP shall
forward the complaint to the city's police department.
2. Within three working days of the filing of such complaint, the CIP shall
forward the complaint to its independent counsel.
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
{5)
3. The independent counsel shall, within ten working days of receiving the
complaint, provide the CIP with a written determination as to whether its
independent investigation of the complaint will interfere with a pending or
potential criminal investigation -or prosecution.
/1. If the independent counsel's written determination is that the CIP's
independent investigation will not interfere with a pending or potential
criminal investigation-e -prosecution, the CIP's investigation must
commence within seven working days of the receipt of that determination
and must be complctcd and presented to the members of the CIP for their
final consideration at a regular or special meeting within 180 days of the
investigation's commencement.
c. With respect to internal affairs' sassed cases, the following timeframes shall
y
1. The executive director must decide within ten working days of receipt of the
internal affairs' Giese out report and access to the internal affairs'
investigative file whether to conduct an independent investigation of the
matter or a review of that file
2. Where the executive director's decision is to independently investigate the
matter, such investigation must be completed and presented to the CIP for
its final consideration at a regular or special meeting of the CIP within 180
days of the investigation's commencement.
3. Where the executive director's decision is to review the file, such review
must be concluded and presented to the CIP for its final consideration at a
regular or special meeting of the CIP within 60 days of the review's
commencement.
d. If the CIP fails to complete its investigation or review within these timeframes, the
CIP's file on the complaint shall be closed as out of time. However, in the case of
a directly filed complaint, the CIP may extend the timeframe for the investigation
to be completed and presented to the CIP for its final consideration by 60 days
aftcr rcccipt of thc intcrnal affairs' investigative file.
Standards for CIP consideration of complctcd investigation or review. In its
consideration of a completed investigation or review, the CIP's proceedings shall be
governed by courtroom rules and procedures. Further, strict rules of evidence, as in
courts of law, shall not apply and evidence is to be admitted at the discretion of the
chairperson. However, fundamental due process shall be observed and shall govern
the proceedings and pertinent information shall be considered for the purposes of
providing substantial justice for all parties.
Results of investigation or review. Upon presentation to the CIP of the results of an
investigation or review, the CIP may:
a. Remand thc matter to thc executive director for further investigation or review,
the results of which are to be presented to the CIP for its consideration at its next
regular meeting.
b. Render one of the following findings based on the preponderance of evidence:
1. Unfounded where the investigation or review shows that the act or acts that
provide the basis for the complaint did not occur or were misconstrued;
2. Exonerated where the act or acts that provide the basis for the complaint
occurred, but the investigation or review shows that such acts were proper;
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
3. Not sustained where the investigation or review fails to disclose sufficient
facts to prove or disprove the claim(s) made in the complaint;
/1. Sustained where the investigation or review discloses sufficient facts to
prove the claim(s) made in the complaint;
5. No finding where the executive director recommends summary disposition
of the complaint for such reasons as the complainant failed to produce
information to further the investigation; the investigation or review revealed
that another agency was responsible and the complaint has been referrer) to
that agency; the complainant withdrew the complaint; the complainant is
unavailable to clarify the complaint; or the officer is no longer employed by
the city.
c. Formulate recommendations to the police chief as to disposition, including
recommendations as to training of police officers, revision of city police
department policies or procedures, or where a complaint has been sustained,
consequences for the subject officer(s).
d. Place an officer who has been the subject of three or more complaints within the
past year on a monitoring list accessible to the public.
{6) Notification of results of investigation or review. At the conclusion of its investigation or
review, the CIP shall forward its findings and recommendations in writing to the police
manager, and/or city commission, to which the police chief must respond to the CIP in
writing within /15 days, explaining why the CIP's recommendations were or were not
accepted.
a The CID ma\, atany ti v review and make written recommendations to the
-a. rr� , rcvT cccnTccvmrrTcncrcrcrorrTcv crn.
police chief as to current city police department policies procedures and
practices concerning bi it not limited to trainingr recn fitment and disciplinary
procedures to which the police chief must respond to the CIP in writing within /15
days explaining why the CIP's recommendations were or were not accepted.
b. Whenever the police chief proposes to revise established city police department
policies, procedures, or practices, the police chief must transmit the proposed
revisions to the CID 45 days prior to implementation except if an emergency
requires a more expeditious implementation. Within 30 days of the receipt of the
proposed revisions, the CIP may make written recommendations to the police
chief as to those revisions, to which the police chief must respond to the CIP in
writing within 45 days, explaining why the CIP's recommendations were or were
not accepted.
{8) Issuance of reports. The CIP may, when appropriate, iscue reports, which may
contain requests and recommendations, concerning any mattcr within the CIP's
the public, to which the appropriate official must respond in writing within 45 days,
cxplaining why the CIP's rcqucsts or rccommcndations wcrc or were not accepted.
Sec. 11.5 32. Subpoena power.
{a) The CIP may subpoena witnesses and documents as part of any independent
investigation re\,i e\n, Ing fin, ai irl it or public hearing it conducts as follows•
{1) A request for a subpoena must be reviewed by the CIP independent counsel; for
compliance with legal requirements, including but not limited to federal and state
statutes and prevailing case la\n, and the appropriateness of issuance of the
subpoena. Further, in cases that involve criminal conduct by a police officer, the
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
independent counsel must consult with the state attorney of the Eleventh Judicial
Circuit in and for Miami Dade County as to whether the issuance of the subpoena will
interfere with any pending criminal investigation or osecution.
that involve potentiall„ criminal condi ict of a police officer after receiving the
independent counsel's advice as to whether the subpoena will interfere with any
pending or potential criminal investigation -or prosecution, the CIP may issue the
subpoena upon approval of a majority of its seated members.
{3) However, nothing herein authorizes the CIP to issue a subpoena to a law enforcement
officer( ) e-i-s-theect of ai-an-reset igation, reyT ingi airy audio or public
hearing.
(b) The subpoena shall be valid only within the jurisdictional limits of the city. However, the CIP
may seek enforcement and extraterritorial domestication of its subpoenas in accordance
with general law.
Sec. 11.5 33. Procedures related to city employees and witnesses.
(a)
When a city employee appears before the CIP in response to a subpoena, such employee
shall be formally advised prior to the commencement of tcstimony that if the employee has
employee's decision not to provide tcstimony will not subject him or her to any adverse
employment conscqucnce, y ployee w after rec i ,ing cu^h advice decides to
testify or provide evidence, must sign a statement acknowledging that the employee
understands the advice and is testifying or providing evidence voluntarily and knowingly.
(b) A police officer who is the subject of an investigation shall be informed of the nature of the
investigation and provided with a copy of the complaint prior to being interrogated.
{c) A person who appears before the CIP in response to a CIP request for testimony may be
represented by counsel or any other representative of his or her choice, which
representative may be present at all times during the subject's appearance before the CIP.
(d) The CIP may hold evidentiary hearings requiring witnesses in the manner set forth in
section 11.5 30. Only the subject of the complaint, witnesses, their attorneys or
representatives and CIP members may participate in evidentiary hearings.
{e) Policies and procedures shall be established to ensure compliance with Chapters 112 and
119 of the Florida Statutes and any other applicable laws.
Sec. 11.5 34. Executive director; independent counsel; a-sistance from city officials.
{a)
Executive director.
{1) The CIP office shall be headed by a full time professional executive director with
cducation or cxpericncc in criminal justice who is appointcd by and subject to removal
by the CIP, with the approval of the city commission. The executive director, serving
as the CIP's chicf executive officcr, shall oversee the operations of the CIP and shall
perform the following specific duties:
a. Rccruit, hirc, supervise, terminate, and make all othcr employment decisions
regarding investigators and administrative staff;
b. Ensure that all members of the CIP receive training in ethics, conflicts of interest,
the Florida Sunshine I aw and the opportunity to attend a police policies and
procedures program as set forth in subsection 11.5 28(b)(3);
c. Establish priorities and objectives for the CIP;
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
d. Manage the implementation and evaluation of the CIP's functions;
c. In collaboration with thc members of the CIP, establish written rules and standard
operating procedures for internal governance and standards for training for CIP
members and staff• and
f. In collaboration with the members of the CIP, promote community understanding
and utilization of thc process by which complaints are submitted and reviewed or
investigated.
{2) The executive director's performance shall be evaluated annually by the CIP pursuant
to written criteria established by the CIP.
(b) Independent counsel.
{1) The CIP shall hire an experienced and competent attorney at law in good standing
admitted to the practice of Ia n/ in the State of Florida for at least seven years and
the city commission. The CIP shall have the power to remove the independent
counsel with the approval of the city commission. The independent counsel shall
following specific duties:
agencies as to whether an investigation by the (`ID of a directly filer) complaint
involving potential criminal conduct will interfere with any pending or potential
criminal investigation -or prosecution;
b. Review CIP requests for subpoenas for compliance with legal requirements,
the appropriateness of issuance of the subpoena; in cases that involve potentially
criminal conduct by a police officer, issue written determinations after
consultation with the appropriate prosecutorial agencies as to whether the
issuance of thc subpoena will intcrfcrc with any pending or potential criminal
investigation or prosecution• and advise the (`ID of the results of such review and
consultation.
c. Prepare subpoenas as directed by the CIP in accordance with subjection 11.5
32.
{2) The independent counsel's performance shall be evaluated annually by the CIP
pursuant to written criteria established by the CIP.
{c) Assistance from city officials. When requested by the CIP, the city manager, city attorney,
and city clerk shall provide full cooperation and assistance to the CIP, but are not required
to attend its meetings. The city clerk and the city attorney may conduct annual workshops
to advise the CIP of the procedural laws and regulations related to public records, the
Sunshine I aw and an\/ other regl irements
€ditor's-notefs)—Ord. No. 13 Z2, adopted I,,ne Q, am deed sec n 1 � 5 3 ,n its
c �. arrv--�z arrre�icr �cc
entirety to r ad as herein set out. Formerly, section 11.5 34 pertained to administrative
14, 2002.
Sec. 11.5 35. Review and approval of annual budget.
{a)
The CIP shall be operated on an annual budget that shall be no lesc than one percent of
the approved regular salaries and wages line item of the city's police department general
fund budget except as otherwise required by the city manager's declaration of a fiscal
cmcrgcncy, financial urgcncy, or financial cmcrgcncy. The CIP shall submit to the city
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
the commencement of each fiscal year, a CIP budget request detailing how the CIP will
spend its budgeted allotment. The city manager shall assign appropriate personnel to
CIP. Nothing contained herein shall be construed to prohibit the CIP from submitting a
(b) No expenditure shall be made in any given year without approval by the city commission of
acquisition of goods and services.
(c) No provision contained in this chapter shall be construed to violate the Anti Deficiency Act,
as sct forth in scctions 18 500 through 18 503 of this Code.
Sec. 11.5 36. Notices and filing of records.
locations after being apprised by the CIP of an upcoming meeting(s). Advertisements of
meetings shall be posted on the city's website no less than seven days prior to the meeting. It
shall be the duty of the city clerk to comply with applicable laws related to filing of records.
Sec. 11.5 37. Annual reports.
commission, the police chief and the mayor, to include statistics and summaries of the results of
the CIP's investigatae and review a comparison of those rose ilts with the actions taken by the
recommended changes to this chapter.
* *„
Section 3. Chapter 18, Article III of the City Code is hereby amended in the following
particulars:1
"CHAPTER 18
FINANCE
ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE
Sec. 18-72. Application and Exclusions.
(a) Application. Regardless of the source of funds, including state and federal assistance
monies, and except as otherwise specified by law, the provisions of this article shall apply
to every purchase/procurement by:
(1) All city entities or boards, as hereinafter defined, including the community
redevelopment agencies.
(2) The Downtown Development Authority, the department of off-street parking, Liberty
City Community Revitalization Trust, Civilian Investigative Panel, Bayfront Park
Management Trust, and Virginia Key Beach Park Trust (each referred to herein as the
"board" or "city entity," as applicable); provided, however, that:
a. With respect to each board, the following terms shall have the meanings ascribed
to them in this section:
1. "City" shall mean the board.
2. "City manager" shall mean the executive director of the board.
City of Miami File ID: 16605 (Revision:) Printed On: 11/6/2024
3. "Chief procurement officer" shall mean the executive director of the board or
his or her designee.
4. "City commission" shall mean the board of directors of the board.
b. The cone of silence shall not apply to any board or city entity set forth in
subsection 18-72(2) herein or the community redevelopment agencies.
Sec. 18-74. Cone of Silence.
(c) "Cone of silence" is defined to mean a prohibition on:
* * *
Notwithstanding the foregoing, the Cone of Silence shall not apply to:
r. The downtown development authority, the department of off-street parking, and the
Liberty City Community Revitalization Trust, and the Civilian In„estigati„e Panel
*
* *„
Section 3. 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 4. This Ordinance shall become effective immediately after final reading and
adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
rge Wy y ng III, C ty ttor -y 9/17/2024
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 File ID: 16605 (Revision:) Printed On: 11/6/2024