HomeMy WebLinkAboutR-15-0011City of Miami
Legislation
Resolution: R-15-0011
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01273 Final Action Date: 1/8/2015
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 BY
A 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 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.
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
City of Miami
Page 1 of 2 File Id: 14-01273 (Version: 1) Printed On: 1/24/2018
File Number: 14-01273 Enactment Number: R-1 5-0011
by reference and incorporated as fully set forth in this Section.
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}
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: 1/24/2018