HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01273 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE
OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, RELATING
TO INVESTIGATIONS INVOLVING THE SHOOTING OF A PERSON BYA CITY OF
MIAMI ("CITY") POLICE DEPARTMENT LAW ENFORCEMENT OFFICER ACTING
IN THE LINE OF DUTY; THE DEATH OF AN ARRESTEE WHILE IN THE CARE,
CUSTODY, OR CONTROL OF A CITY POLICE DEPARTMENT LAW
ENFORCEMENT OFFICER; THE DEATH OF AN ARRESTEE SHORTLYAFTER
BEING IN THE CARE, CUSTODY, OR CONTROL OF A CITY POLICE
DEPARTMENT LAW ENFORCEMENT OFFICER; OR THE DEATH OF AN
INTENDED ARRESTEE DURING AN ARREST ATTEMPT BYA CITY POLICE
DEPARTMENT LAW ENFORCEMENT OFFICER.
WHEREAS, this Memorandum of Understanding ("MOU") has been jointly developed by the
participating agencies in an effort to outline the working relationship between the City of Miami ("City"),
the Florida Department of Law Enforcement ("FDLE"), and the Office of the State Attorney for the
Eleventh Judicial Circuit of Florida, whereby the FDLE will assume the investigations of the following
events: the shooting of a person by a City Police Department law enforcement officer acting in the line
of duty; the death of an arrestee while in the care, custody, or control of a City Police Department law
enforcement officer; the death of an arrestee shortly after being in the care, custody, or control of a
City Police Department law enforcement officer; or the death of an intended arrestee during an arrest
attempt by a City Police Department law enforcement officer; and
WHEREAS, this MOU has been carefully developed with the active participation of each
agency, including their legal representatives, with the intention of providing important transparency to
the investigations of these serious situations, and it will help to ensure the completion of an objective
investigative report; and
WHEREAS, a similar MOU has recently been entered into by FDLE and Miami -Dade County
("County") for the investigation of the County's Police Department police involved shootings and
in -custody deaths; and
WHEREAS, the transparency of these investigations is important for the respective agencies
who are parties to this MOU, the involved law enforcement officers, the subject's family, and ultimately,
the entire City community;
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.
City of Miami Page 1 of 2 File Id: 14-01273 (Version: 1) Printed On: 12/22/2014
File Number: 14-01273
Section 2. The City Manager is authorized{1} to execute an MOU, in substantially the attached
form, with the Office of the State Attorney for the Eleventh Judicial Circuit of Florida and the FDLE,
relating to investigations involving the shooting of a person by a City Police Department law
enforcement officer acting in the line of duty; the death of an arrestee while being in the care, custody,
or control of a City Police Department law enforcement officer; the death of an arrestee shortly after
being in the care, custody, or control of a City Police Department law enforcement officer; or the death
of an intended arrestee during an arrest attempt by a City Police Department law enforcement officer.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 14-01273 (Version: 1) Printed On: 12/22/2014