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HomeMy WebLinkAboutR-14-0196City of Miami Legislation Resolution: R-14-0196 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00390b Final Action Date: 5/8/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING AN INDEPENDENT REVIEW COMMITTEE ("COMMITTEE"), WHICH SHALL BE COMPRISED OF FIVE (5) MEMBERS, ONE (1) APPOINTMENT FROM EACH CITY COMMISSIONER, TO INVESTIGATE WHETHER THERE HAS BEEN ANY MALFEASANCE OR MISFEASANCE BY THE INDEPENDENT COUNSEL OF THE CIVILIAN INVESTIGATIVE PANEL, INCLUDING BUT NOT LIMITED TO, WHETHER THE INDEPENDENT COUNSEL AND CIVILIAN INVESTIGATIVE PANEL HAVE TIMELY INVESTIGATED CASES; FURTHER DIRECTING THE COMMITTEE TO RENDER AN OPINION WHETHER THE PAST INVESTIGATIONS, OR LACK OF INVESTIGATIONS, WERE TIMELY; TO REVIEW THE INDEPENDENCE OF THE CIVILIAN INVESTIGATIVE PANEL; AND TO PREPARE A REPORT WITH ITS FINDINGS TO BE PRESENTED TO THE CITY COMMISSION, CITY ATTORNEY, AND CITY MANAGER WITHIN SIXTY (60) DAYS. WHEREAS, the Civilian Investigative Panel ("CIP"), created pursuant to Ordinance No. 12188, provides for independent and impartial citizens' oversight of the City of Miami ("City") Police Department; and WHEREAS, the objectives of the CIP is to provide the City with independent and impartial oversight of the City Police Department through monitoring and analysis of police practices, policies and procedures, as well as conducting independent investigations pertaining to allegations of police misconduct pursuant to the procedures outlined in Section 11.5-31 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, various concerns have been brought to the City Commission's attention including the CIP's ability to timely complete investigations and effectively operate autonomously; and WHEREAS, it is the desire of the City Commission to establish an Independent Review Committee ("Committee") to investigate the various concerns brought to the attention of the City Commission, including but not limited to, the conduct of the Independent Counsel ("IC"), whether the IC has timely investigated cases, whether past investigation were timely, whether any delays in investigations are due to the fault of the IC or the CIP, and whether the CIP is in fact operating independently; and WHEREAS, each City Commissioner shall appoint one (1) person to serve as a member of the Committee; and WHEREAS, it is the duty of the Committee to review the CIP's ability to perform its duties consistent with Chapter 11.5 of the City Code; and WHEREAS, the Committee shall prepare a report containing their findings, as well as any City of Miami Page 1 of 2 File Id: 14-00390b (Version: 1) Printed On: 12/29/2017 File Number: 14-00390b Enactment Number: R-14-0196 recommendations to resolve conflicts, if any, to present to the City Commission, the City Attorney, and the City Manager no later than sixty (60) days from the date of this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. A committee comprised of five (5) individuals appointed by each City Commissioner shall be created for the purpose of reviewing the CIP's ability to perform its duties independent of the IC, determine whether there is a delay attributed to the CIP in the investigation of alleged police misconduct, and prepare a report containing its findings as well as any recommendations to the City Commission, City Attorney, and City Manager no later than sixty (60) days from the date of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} 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 2 of 2 File Id: 14-00390b (Version: 1) Printed On: 12/29/2017