HomeMy WebLinkAboutR-16-0076City of Miami
Legislation
Resolution: R-16-0076
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00151 Final Action Date: 2/25/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI, AND THE UNITED STATES DEPARTMENT OF
JUSTICE ("DOJ"), RELATING TO THE OVERSIGHT OF THE CITY OF MIAMI
POLICE DEPARTMENT'S PRACTICES AND POLICIES CONCERNING THE USE
OF DEADLY FORCE; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY OTHER AGREEMENTS NECESSARY IN ORDER
TO CARRY OUT THE INTENT OF THE AGREEMENT WITH THE DOJ; WITH
FUNDS FOR EXPENSES ASSOCIATED WITH AGREEMENT ALLOCATED FROM
ACCOUNT CODE NO. 00001.191501.534000.
WHEREAS, on November 17, 2011, the United States Department of Justice ("DOJ") initiated an
investigation of the City of Miami Police Department limited to the use of deadly force by police
officers; and
WHEREAS, representatives from the DOJ and the City of Miami ("City") have engaged in
negotiations related to a resolution of the pending investigation which avoids the necessity of federal
court litigation; and
WHEREAS, the DOJ and the City have agreed to enter into a written agreement ("Agreement")
with the goal of ensuring that police services continue to be delivered to the people of the City in a
manner that fully complies with the Constitution and laws of the United States, effectively ensures
public and officer safety, and promotes public confidence in the Miami Police Department, which
Agreement will terminate on or before March 15, 2020; and
WHEREAS, the DOJ and the City have agreed to designate Jane Castor, former Police Chief for
the City of Tampa, Florida to serve as an independent reviewer charged with the responsibility of
overseeing the City's compliance with the Agreement; and
WHEREAS, the Office of the City Attorney has negotiated and reviewed the terms of the
proposed Agreement and recommends the parties conclude the DOJ's investigation by execution of
the Agreement;
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 if fully set forth in this Section.
Section 2. The City Manager is authorized {1} and directed to execute an Agreement, in
substantially the attached form, between the City and the DOJ, relating to the oversight of the MPD's
City of Miami
Page 1 of 2 File Id: 16-00151 (Version: 1) Printed On: 4/20/2018
File Number: 16-00151 Enactment Number: R-16-0076
practices and policies concerning the use of deadly force.
Section 3. The City Manager is further authorized {1} to negotiate and execute any other
agreements necessary in order to carry out the intent of the Agreement with the DOJ, with funds for
expenses associated with the Agreement allocated from Account Code No. 00001.191501.534000.
Section 4. 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: 16-00151 (Version: 1) Printed On: 4/20/2018