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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #5578 Date: 04/02/2019 Commission Meeting Date: 04/25/2019 Type: Subject: Requesting Department: Community Advisory Board Sponsored By: District Impacted: All Resolution CAB to Provide Oversight - Miami Police Department and Independent Reviewer Purpose of Item: Item is the updated resolution for 2019 in reference to the Community Advisory Board. Background of Item: The Community Advisory Board was created via resolution that must be renewed annually. The board itself is an outgrowth of the Department of Justice Agreement with the City of Miami Police department. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Civilian Investigative Panel Office of Management and Budget Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Rodney Jacobs Christopher M Rose Valentin J Alvarez George K. Wysong III Barnaby L. Min Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Budget Review Legislative Division Review ACA Review Deputy Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 04/08/2019 9:44 AM 04/08/2019 3:01 PM 04/08/2019 3:50 PM 04/08/2019 4:19 PM 04/11/2019 2:44 PM 04/16/2019 5:30 PM 04/25/2019 9:00 AM 05/03/2019 4:09 PM 05/03/2019 4:39 PM 05/03/2019 4:39 PM City of Miami Legislation Resolution Enactment Number: R-19-0157 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5578 Final Action Date:4/25/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION RE-ESTABLISHING THE CITY OF MIAMI'S ("CITY") COMMUNITY ADVISORY 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 PURPOSE, POWERS, DUTIES, COMPOSITION, RULES OF PROCEDURE, MEETING, QUORUM, ASSIGNMENT OF PERSONNEL, AND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. 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; and WHEREAS, the DOJ and the City negotiated an agreement ("Agreement") resolving the DOJ's investigation, thereby voiding the necessity of federal court litigation; and WHEREAS, the goal of the Agreement is to ensure that MPD's 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 promoting public confidence in the MPD; and WHEREAS, the Agreement is to terminate on or before March 15, 2020; and WHEREAS, pursuant to Section VII of the Agreement titled "Community Oversight," the City is required to convene a community board of civilian City residents who provide oversight and feedback on policies and practices pertaining to the use of deadly force to the MPD and to the Independent Reviewer retained by the City to oversee the Agreement's implementation; and WHEREAS, pursuant to Resolution No. 16-0206 adopted on April 28, 2016, the City Commission established the Community Advisory Board ("CAB") to provide said oversight and feedback to the MPD and the Independent Reviewer pursuant to the Agreement with a sunset date of 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 WHEREAS, pursuant to Resolution No. 17-0144 adopted on March 23, 2017, the City Commission re-established the CAB for an additional term of three hundred sixty-four (364) days to continue to aid the City's efforts towards compliance with the terms of the Agreement and development of best policies and practices pertaining to the MPD's use of deadly force; and WHEREAS, pursuant to Resolution No. 18-0096 adopted on March 8, 2018, the City Commission re-established the CAB for the above stated purposes and provided that the CAB would automatically sunset three hundred sixty-four (364) days thereafter on March 8, 2019; and WHEREAS, the City Commission has deemed it necessary to re-establish the CAB for 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 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 Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The CAB 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 which is already in place. Section 4. Membership Composition, Selection, and Qualifications; Term of office and vacancies. (a) The CAB shall consist of the thirteen (13) voting members who are residents of the City, shall serve without compensation, and shall be subject to the provisions set forth in Section 2-884 of the Code of the City of Miami, Florida, as amended ("City Code"). (b) The terms of the thirteen (13) members who most recently served 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 City Commission, in accordance with Section 2-885(a)(3) of the City Code. Section 5. Meetings; Attendance requirements; Officers; Quorum and voting. (a) All meetings of the CAB shall be noticed and open to the public. (b) It is expected that all appointed members of the CAB shall attend each meeting. Absences and attendance requirements for members of the CAB shall be governed by Section 2-886 of the City Code. (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 filled by appointment 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 Executive Director of the Civilian Investigative Panel 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 Community Advisory Board. 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. APPROVED AS TO FORM AND CORRECTNESS: