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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Resolution: R-18-0096 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3663 Final Action Date: 3/8/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION RE-ESTABLISHING THE CITY OF MIAMI'S ("CITY") COMMUNITY ADVISORY BOARD ("BOARD") TO PROVIDE OVERSIGHT AND FEEDBACK TO THE CITY'S POLICE DEPARTMENT ("MPD") AND THE INDEPENDENT REVIEWER PURSUANT TO THE TERMS OF THE AGREEMENT ENTERED BETWEEN THE CITY AND THE UNITED STATES DEPARTMENT OF JUSTICE RELATING TO THE OVERSIGHT OF THE MPD'S PRACTICES AND POLICIES CONCERNING THE USE OF DEADLY FORCE; PROVIDING THE BOARD'S PURPOSES, POWERS, DUTIES, COMPOSITION, RULES OF PROCEDURE, MEETING, QUORUM, ASSIGNMENT OF PERSONNEL, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell WHEREAS, on November 17, 2011, the United States Department of Justice ("DOJ") initiated an investigation of the City of Miami's ("City") Police Department's ("MPD") use of deadly force by police officers; and WHEREAS, the DOJ and the City negotiated an agreement related to a resolution of the DOJ's investigation which avoided the necessity of federal court litigation; and WHEREAS, the DOJ and the City agreed on the terms of 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 ensuring public and officer safety, and promotes public confidence in the MPD, which Agreement shall terminate on or before March 15, 2020; and WHEREAS, the City Commission adopted Resolution No. 16-0076 on March 23, 2017 authorizing and directing the City Manager to execute the Agreement relating to the oversight of the MPD's practices and policies concerning the use of force; and WHEREAS, Section VII of the Agreement, titled "Community Oversight", requires the City to convene a community board of City residents who will provide oversight and feedback on policies and practices pertaining to use of deadly force to the MPD and to the Independent Reviewer retained by the City to oversee the Agreement's implementation; and WHEREAS, on April 28, 2016, the City Commission adopted Resolution No. 16-0206 establishing the Community Advisory Board ("CAB") and providing that the CAB would automatically sunset three hundred sixty-four (364) days after its creation and every year thereafter unless extended in three hundred sixty-four (364) day increments by majority vote of the City Commission; and City of Miami 3663 - Legislation -SUB Page 1 of 4 File ID: 3663 (Revision: A) Printed On: 5/15/2019 File ID: 3663 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-18-0096 WHEREAS, the City Commission adopted Resolution No. R-17-0144 re-establishing the CAB on March 23, 2017 and providing that the CAB would automatically sunset three hundred sixty-four (364) days thereafter on March 22, 2018; and WHEREAS, the City Commission has deemed it necessary to extend the term of the CAB to an additional term of three hundred sixty-four (364) days to continue to aid in the City's efforts towards compliance with the terms of the Agreement and the development of best policies and practices pertaining to the MPD's use of deadly force; 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 Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City's Community Advisory Board is hereby re-established. Section 3. Purpose, powers and duties. The CAB is hereby re-established to provide oversight and feedback to the MPD and the Independent Reviewer pursuant to the Agreement entered between the DOJ and the City. The CAB will leverage the insights and expertise of the community to address policing concerns and promote greater transparency and public understanding of the MPD. The CAB shall continue to be authorized to: (a) Advise the Chief of Police on strategies and training to improve community relations and MPD responsiveness to community concerns; (b) Work with the Chief of Police to establish and carry out community public safety priorities; (c) Provide the community with information on the Agreement and its implementation; and (d) Receive and convey to the MPD and the DOJ public comments and concerns in addition to MPD's civilian complaint system. Section 4. Membership Composition, Selection, and Qualifications; Term of office; Vacancies. (a) The CAB shall consist of the thirteen (13) voting members who are residents of the City and shall serve without compensation. (b) The terms of the thirteen (13) members currently serving on the CAB are hereby renewed for an additional three hundred sixty-four (364) days. (c) Any vacancies on the CAB will be filled by persons nominated by the CAB and approved by a majority vote of the Commission. Section 5. Meetings; Attendance requirements; Officers; Quorum and voting. (a) All meetings of the CAB shall be noticed and open to the public. City of Miami Page 2 of 4 File ID: 3663 (Revision: A) Printed on: 5/15/2019 File ID: 3663 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-18-0096 (b) It is expected that all appointed members of the CAB attend each meeting. Absences and attendance requirements for members of the CAB shall be governed by Section 2-886 of the Code of the City of Miami, Florida, as amended. (c) The members of the CAB shall select and designate a Chairperson and Vice - Chairperson from among the members of the CAB who shall serve at the pleasure of the CAB. The Chairperson shall reserve the right to appoint an executive committee and to delegate tasks to various subcommittees of the whole. (d) The CAB shall use Robert's Rules of Order as the rules for the conduct of its official business; provided, that in addition, the CAB may adopt its own order of business and rules of procedure governing its meetings, and take actions on matters within its authority, not inconsistent with the provisions set forth herein, which rules of procedure, if adopted, shall be filed with the City Clerk. (e) The CAB, any committee, and any subcommittee, if applicable, shall comply with all requirements of Chapters 119 (Public Records) and 286 (Sunshine Law), Florida Statutes. The minutes of each meeting shall be promptly made available by the City Clerk and such records shall be open to public inspection. (f) At all meetings, a minimum of fifty percent (50%) plus one (1) of the member seats shall constitute a quorum for the purpose of convening any meeting or conducting any business. An affirmative vote of not less than fifty percent (50%) plus one (1) of the members present at any meeting is required for any action to be taken by the members. Section 6. Legal Advisor. The Office of the City Attorney shall provide legal counsel to the CAB as may be necessary and requested by the CAB. Section 7. Administrative assistance. It shall be the duty of the City Manager to provide full cooperation and sufficient personnel for administrative necessary support to the CAB, including assignment of a particular person to act as liaison and secretary to the CAB. Section 8. Abolition of the CAB. The CAB shall automatically sunset three hundred sixty-four (364) days after its creation and every year thereafter unless extended in three hundred sixty-four (364) day increments by majority vote of the City Commission but in no event shall the CAB operate beyond the term of the Agreement. Section 9. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' 1 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 3 of 4 File ID: 3663 (Revision: A) Printed on: 5/15/2019 File ID: 3663 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: R-18-0096 APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor 5/1/2019 City of Miami Page 4 of 4 File ID: 3663 (Revision: A) Printed on: 5/15/2019 SUBSTITUTED City of Miami Legislation Resolution: R-18-0096 City Hall 3500 Pan American Dr .� Mlami, FL 3313 www.miamioov.•.m File Number: 3663 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION RE-ESTABLIS CITY OF MIAM1 ("CITY") COMMUNITY ADVISORY BOARD ("BOA PROVIDE OVERSIGHT AND FEEDBACK TO THE CITY'S POLI DEPARTMENT ("MPD") AND THE INDEPENDENT REVIEWE THE TERMS ❑F THE AGREEMENT ENTERE❑ BETWEEN T THE UNITED STATES DEPARTMENT OF JUSTICE RELA OVERSIGHT OF THE MPD'S PRACTICES AND POLICIE USE OF DEADLY FORCE; PROVIDING THE BOARD'S POWERS, DUTIES, COMPOSITION, RULES OF PR QUORUM, ASSIGNMENT OF PERSONNEL, AND P PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell /8/2018 NG THE ") TO URSUANT TO E CITY AND G TO THE CONCERNING THE URPOSES, EDURE, MEETING, BLIC NOTICE; AND WHEREAS, on November 17, 2011, the United : ates Department of Justice (""DOJ") initiated an investigation of the City of Miami Police D-.artment's ("MPD") use of deadly force by police officers; and WHEREAS, the DOJ and the City of Mi. i ("City") negotiated an agreement related to a resolution of the DOD's investigation which av• ds the necessity of federal court litigation; and WHEREAS, the DOJ and the City . •reed on the terms of a written agreement ("Agreement") with the goal of ensuring at police services continue to be delivered to the people of the City in a manner that full complies with the Constitution and laws of the United States, effectively ensuring public a . officer safety, and promotes public confidence in the MPD, which Agreement shall term ate on or before March 15, 2020; and WHEREAS, the City C. mission adopted Resolution No. 17-0274 on March 23, 2017 authorizing and directing the ' ity Manager to execute the Agreement relating to the oversight of the MPD's practices and p• cies concerning the use of force; and WHEREAS, Se► ion VI I of the Agreement, entitled "Community Oversight", requires the City to convene a co ' unity board of City residents who will provide oversight and feedback on policies and practic s pertaining to use of deadly force to the MPD and to the Independent Reviewer retaine. sy the City to oversee the Agreement's implementation; and WHE AS, on April 28, 2016, the City Commission adopted Resolution No. 16-0206 establishin. e Community Advisory Board ("CAB") and providing that the CAB would automatic . ly sunset three hundred sixty-four (364) days after its creation, and every year thereaft- , unless extended in three hundred sixty-four (364) day increments by majority vote of the Ci Commission; and City of Miami Page i of 4 File ID: 3663 (Revision: ) Printed On: 4/16/2019 SUBSTITUTED File ID: 3663 Enactment Number: R-18-0096 WHEREAS, the City Commission adopted Resolution No. R-17-0274 re-establishing the CAB on March 23, 2017, and providing that the CAB would automatically sunset three hundred sixty-four (364) days thereafter on March 22, 2018; and WHEREAS, the City Commission has deemed it necessary to extend the term of th CAB to an additional term of three hundred sixty-four (364) days, to continue to aid in the r Ity's efforts towards compliance with the terms of the Agreement and development of best p• cies and practices pertaining to the MPD's use of deadly force; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE r 1TY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to thi- Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City's Community Advisory Board is hereby re- tablished. Section 3. Purpose, powers and duties. The CAB is hereby re-established to provide oversight nd feedback to the MPD and the Independent Reviewer pursuant to the Agreement entered b een the DOJ and the City. The CAB will leverage the insights and expertise of the commu- ty to address policing concerns and promote greater transparency and public understanding the MPD. The CAB shall continue to be authorized to: (a) Advise the Chief of Police on strategies :nd training to improve community relations and MPD responsiveness to community concern (b) Work with the Chief of Police to e . ablish and carry out community public safety priorities; (c) Provide the community with formation on the Agreement and its implementation; and (d) Receive and convey t► the MPD and the DOJ public comments and concerns. in addition to MPD's civilian comp . int system. Section 4. Membe ip Composition, Selection, and Qualifications; Term of office and vacancies. (a) The CAB - all consist of the thirteen (13) voting members who are residents of the City and shall serve ithout compensation. (b) The '-rms of the thirteen (13) members currently serving on the CAB are hereby renewed for a additional three hundred sixty-four (364) days. (c Any vacancies on the CAB will be filled by persons nominated by the CAB and approveby a majority vote of the Commission. Section 5. Meetings; Attendance requirements; Officers; Quorum and voting. (a) All meetings of the CAB shall be noticed and open to the public. City of Miami Page 2 of 4 File ID: 3663 (Revision:) Printed on: 4/1612019 SUBSTITUTED File ID: 3663 Enactment Number: R-18-0O96 (b) It is expected that all appointed members of the CAB attend each meeting. Absences and attendance requirements for members of the CAB shall be governed by Section 2-886 of the Code of the City of Miami, Florida, as amended. (c) The members of the CAB shall select and designate a Chairperson and Vice Chairperson from among the members of the CAB who shall serve at the pleasure of th CAS The Chairperson shall reserve the right to appoint an executive committee and to del-„ ate tasks to various subcommittees of the whole. (d) The CAB shall use Robert's Rules of Order as the rules for the cond t of its official business; provided, that in addition, the CAB may adopt its own order of busi -ss and rules of procedure governing its meetings, and take actions on matters within its aut ority, not inconsistent with the provisions set forth herein, which rules of procedure, adopted, shall be filed with the City Clerk. (e) The CAB, any committee, and any subcommittee, if app - able, shall comply with all requirements of Chapters 119 (Public Records) and 286 (Sunshin» Law), of the Florida Statutes. The minutes of each meeting shall be promptly made . enable by the City Clerk and such records shall be open to public inspection, (f) At all meetings, a minimum of fifty percent (59°I plus one (1) of the member seats shall constitute a quorum for the purpose of convening y meeting or conducting any business, i.e. seven (7) members present. An affirms ' e vote of not less than fifty percent (50%) plus one (1) of the members present at any eting is required for any action to be taken by the members. Section 6. Legal Advisor, The Office of the City Attorney shal .rovide legal counsel to the CAB as may be necessary and requested by the CAB. Section 7. Administrative as tance. It shall be the duty of the ► ity Manager to provide full cooperation and sufficient personnel for administrative ne-essary support to the CAB, including assignment of a particular person to act as liaison and -cretary to the CAB. Section 8. Aboiiti% of the CAB. The CAB sha automatically sunset three hundred sixty-four (364) days after its creation, and every year the after, unless extended in three hundred sixty-four (364) day increments by majority vote of t► - City Commission but in no event shall the CAB operate beyond the term of the Agreement Se on 9. This Resolution shall become effective immediately upon its adoption and signatur- +f the Mayor.' If e Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days f'.m the date it was passed and adopted, If the Mayor vetoes this Resolution, it shall become effective mmediately upon override of the veto by the City Commission. City of Miami Page 3 of 4 File ID: 3663 (Revision:) Printed on: 4/16/2019 SUBSTITUTED File ID: 3663 Enactment Number: R-18-0096 APPROVED AS T❑ FORM AND CORRECTNESS: City of Mf+arni Page 4 of 4 File ID: 3663 (Revision: ) Printed on: 411612019