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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #7537 Date: 06/11/2020 Commission Meeting Date: 06/11/2020 Requesting Department: City Commission Sponsored By: Francis Suarez District Impacted: Type: Resolution Subject: Urging Miami -Dade County - Creation of Civilian Oversight Board within Miami - Dade County Budget Impact Analysis Total Fiscal Impact: <Insert Account information Here> City Commission Legislative Division Office of Management and Budget Office of the City Attorney Office of the City Attorney Office of the City Attorney Office of the City Clerk Reviewed B Nicole Ewan Valentin J Alvarez Christopher M Rose Juan Carlos Perez Valentin J Alvarez Victoria Mendez City Clerk's Office Meeting Legislative Division Review Budger Review ACA Review Deputy Attorney Review Approved Form and Correctness Rendered Completed 06/11/2020 9:00 AM Completed 06/11/2020 6:08 PM Completed 06/12/2020 3:01 PM Completed 06/12/2020 3:25 PM Skipped 06/12/2020 3:14 PM Completed 06/12/2020 4:41 PM Completed 06/12/2020 5:19 PM City of Miami Legislation Resolution Enactment Number: R-20-0171 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7537 Final Action Date:6/11/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY MAYOR CARLOS A. GIMENEZ ("MAYOR GIMENEZ") AND THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA ("BOARD OF COUNTY COMMISSIONERS") TO CREATE AND IMPLEMENT AN INDEPENDENT AND IMPARTIAL CIVILIAN OVERSIGHT BOARD WITHIN MIAMI-DADE COUNTY ("COUNTY") TO FACILITATE AND IMPROVE COMMUNITY RELATIONS BETWEEN THE MIAMI-DADE POLICE DEPARTMENT ("MDPD") AND THE RESIDENTS OF THE COUNTY; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. WHEREAS, in 2001, the City of Miami ("City") Charter was amended to mandate that the City Commission create and established a Civilian Investigative Panel ("CIP") providing for an independent and impartial civilian board to oversee the sworn officers of the City's Police Department; and WHEREAS, civilian oversight of law enforcement agencies is an important tool in modern day society to improve police practices by facilitating an avenue for independent investigations into allegations of police misconduct, examining the policies of police departments, and providing recommendations to local officials; and WHEREAS, civilian oversight of police serves to better improve the quality of a police department and better hold individual officers accountable for their actions; and WHEREAS, civilian oversight of law enforcement provides substantial benefits to individuals, police departments, and the community as a whole; and WHEREAS, civilian oversight of law enforcement helps to improve community relations, increases public understanding of law enforcement policies and procedures, and increases police awareness of community concerns; and WHEREAS, the CIP has been the only active independent investigative authority in Miami -Dade County ("County") for more than a decade; and WHEREAS, in light of the current discussions surrounding police -community relations and the interactions between police and individuals it is apparent that independent civilian oversight within the County is a necessary and important aspect of police oversight and community relations; and WHEREAS, the County does not currently provide individuals mistreated by Miami -Dade Police Department ("MDPD") officers with any mechanism to register a complaint for investigation by an independent civilian oversight committee; and WHEREAS, local governments throughout the United States, including the County, and the municipal governments within it, have experienced a need for strong, independent civilian oversight of law enforcement; and WHEREAS, Miami -Dade County Mayor Carlos A. Gimenez has stated that he would use his authority as the County's Mayor to prevent instances of police misconduct similar to the incident that occurred in Minneapolis, Minnesota; and WHEREAS, civilian oversight of law enforcement is an important means to avoid such situations and to hold law enforcement officers accountable; and WHEREAS, pursuant to Section 2-33(f) of the City Code, the Miami City Commission by a majority vote deems this Resolution to be of an emergency nature in order to immediately protect the public health, welfare, and safety of the City's residents; 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 Miami City Commission urges Miami -Dade County Mayor Carlos A. Gimenez and the Board of County Commissioners to create and establish an independent entity providing civilian oversight of law enforcement which is: (a) adequately funded; (b) staffed with an independent director and independent legal counsel; (c) authorized to issue subpoenas within the County and in accordance with the law; (d) authorized to conduct alternative dispute resolution; (e) authorized to investigate complaints against law enforcement officers; (f) available for use/participation by all municipalities in the County; (g) authorized to review all Miami - Dade County Police Department policies and procedures; and (h) all above -referenced authority be made available to all municipalities in the County which do not have a similar entity. Section 3. The City Clerk is directed to transmit a copy of this Resolution to Miami -Dade County Mayor Carlos A. Gimenez and each of the elected officials on the Board of County Commissioners. Section 4. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: ey 6/12/2020