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HomeMy WebLinkAboutCC 2021-09-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, September 27, 2021 10:00 AM Special Meeting City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Jeffrey Watson, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes September 27, 2021 10:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Watson Absent: Vice Chair Russell On the 27th day of September 2021, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Commissioner Diaz de la Portilla at 11:07 a.m., recessed at 1:00 p.m., reconvened at 2:52 p.m., and adjourned at 6:14 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Commissioner Diaz de la Portilla: Today's special meeting has been called for the purposes of discussing and taking any and all actions in relation to the City ofMiami Police Chief Art Acevedo, and the adoption of any pertinent resolutions. The members of the City Commission participating in today's meeting are Commissioner Manolo Reyes, Commissioner Joe Carollo, Commissioner Jeffrey Watson, myself, and Commissioner Ken Russell has been excused from the meeting. We will now start the meeting with prayer by Commissioner Manolo Reyes. Commissioner, you're recognized, sir. If you'll all stand. Commissioner Reyes: Please stand, bow your heads. I think that we have a lot of praying to do and also we have a lot of thanks to give the Lord for giving us the opportunity, and giving us the power to be able to serve our people. And we, as -- as a legislative body, we are -- we have the responsibility of looking after our city, after our constituents, after our residents, and also, after the public safety of our residents. Invocation and Pledge of Allegiance delivered. Commissioner Diaz de la Portilla: Thank you, commissioners. Thank you for your prayer. ORDER OF THE DAY Commissioner Diaz de la Portilla: Madam City Attorney, please state the procedures to be followed today at the special meeting. Victoria Mendez (City Attorney): Thank you, Chairman. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the Code of the City ofMiami, Florida, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the lobbyist code section is available at the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures in writing. A copy of this code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires anyone requesting action by the City Commission to disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection pursuant to Section 2-8. The material for each City of Miami Page 1 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at wivw.miarnigov.coin. Any person may he heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. The public comment will begin at approximately 10: 00 a.m. and will remain open until -- Commissioner Diaz de la Portilla: 11 -- Ms. Mendez: -- closed by the Chair. Commissioner Diaz de la Portilla: -- 11:30. 11:30. Ms. Mendez: Sorry. 11:30. Members of the public wishing -- Commissioner Diaz de la Portilla: It can't all be a script, Vicky, you got to -- Ms. Mendez: Sony. I apologize. Members of the public wishing to address the public [sic] may do so in writing via the online comment form, visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment fOrm have been and will be distributed to the elected officials and City administration throughout the day so the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials. Public comment may also be provided at City Hall, located at 3500 Pan American Drive, subject to any and all rules as may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City takes action on such proposition. When addressing the City Commission, the member of the public may first state his or her name, his or her address, and what item will be spoken about. A person requiring disability assistance, auxiliary aids, and services for this meeting may notify, the City Clerk. The City has provided different public comment methods to indicate the public support, opposition, or neutrality on items to be discussed pursuant to 286.0114(4)(c), before the Commission takes any action. The public has been given the opportunity to provide the comment within reasonable proximity of such meeting. Commissioners have been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing to -- the access for this meeting will be on Miami TV, miamigov.com, the City's Facebookpage, the City's Twitter page, and the City's YouTube channel, and Comcast Channel 77. Thank you. Commissioner Diaz de la Portilla: Thank you, Madam Attorney. PUBLIC COMMENT FOR SPECIAL MEETING ITEM(S) Richard Dunn: I'm not in politics no more. Commissioner Diaz de la Portilla: That's what happened, right? Mr. Dunn: Let me, first of all, do I need to state for the record my address? Commissioner Diaz de la Portilla: Yes sir. Yes, sir. Mr. Dunn: 1895 Northwest 57th Street, Miami, Florida 33142. I am here on behalf of being first a citizen of the city of Miami and then on behalf of the African -American Council of Christian Clergy. In fact, our president, our illustrious president, Pastor Greg Thompson, asked me to speak on his behalf. I have a rhetorical question, first and then I have a comment. I'm amazed at why are we all acting so surprised. All you had to do, as my illustrious Commissioner Reyes says, is Google the current chief Now, I believe in all fairness to him he City of Miami Page 2 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 is a great law enforcement officer. You can't take that away from him. But the record states that wherever he was there was always controversy. The record states that, I'm not stating that, it's there as a fact of record or a matter of fact. And it is unusual for the African -American, especially Council of Christian Clergy, to somewhat be in agreement with the Commissioners on this. But having served as a former City of Miami Commissioner, I know it sets a dangerous precedent if we allow one person to take control of this city. It's also dangerous because for the first time it appears, after we've had a lot of bouts and fights about policing, particularly with African -American men in the City of Miami, not going to deal with that today, we're now at a point where we need to come together. And it's amazing now how this one individual has created all of this controversy. But we should not be surprised. Let me get one more other point. We were also, Commissioner Carollo, a part of that process that was designed to help to vet the next police chief And then one day we woke up and, boom, they got a guy fi^om out of Houston. And I'm like, what? As the young people, what, what, what had happened? I didn't even know what happened. But we respect it, the Mayor and the Manager's right to make the choice. And so we took it on the chin. But this is the kind of thing that can happen when you don't do things by process. And so, you know, this whole Commission and the whole City of Miami needs to see what's at stake. And moving forward I hope that we will follow whatever we set up and not try to circumvent anything. Again, I don't know all of the details, I'm not into all of that, but do know this, once you've lost the vote of confidence of those who you're supposed to be leading you're persona non grata. Thank you. Commissioner Diaz de la Portilla: Thank you, Commissioner. Thank you. Commissioner Carollo, you're recognized, sir. [Later...] Commissioner Diaz de la Portilla: I just want to make sure that the public is aware of what Commissioner Carollo wants to do and what Commissioner Reyes, we already, know, so everybody's aware of that. So we're going to open up public comment. They've been sworn in, they don't need to be sworn in? All right. So let's open public comment. You're recognized, sir. Good afternoon and thank you for your patience. You need to turn it on, sir. No, you need to turn on the microphone. Commissioner Carollo: Two minutes. Make sure they know. Commissioner Diaz de la Portilla: Yeah, I'm sorry. Yes. Yeah, we already have the clock set for two minutes. Robert Harris: Are we good? Commissioner Diaz de la Portilla: Yes, I'm sorry. Mr. Harris: All right. Distinguished gentlemen -- Commissioner Diaz de la Portilla: I'm the acting chair, not the real chair. So I don't have a button. You're recognized. Mr. Harris: All right. Distinguished gentlemen of the Board of Commission, thank you for this opportunity. Good afternoon. My naive is Robert Harris. My address for the record is 800 Brickell Avenue, Miami, Florida 33131. I rise on behalf of and in support of Ronald and Nerly Papier, who were wrongfully and unceremoniously terminated by Chief Acevedo in June, 2021. The Papiers have challenged the Chief's decision to remove them and is currently pending review by our City Manager. We await the Manager's decision in that regard and we'll -- we're very confident that you will do the right thing and make the right call on this matter soon. But !five are being honest with each other, we all know that ever since his appointment to the chief position, Mr. Acevedo's judgment and decision -making have been suspect, rash, and calls into question his ability to effectively run a police department. Apparently, Mr. City of Miami Page 3 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Corolla, based on the evidence that you have provided for us today, his poor judgment predates his tenure with the City of Miami Police Department. Many ofyou here already know my clients Nerly and Ronald personally and professionally. You have seen their work product, you have seen their professionalism. In fact, several months ago when the City called upon him, Ronald Papier was chosen and served as the Acting Chief of Police for the City of Miami. Together, the Papiers embody nearly 50 years of dedicated service, honor, and dedication to this community, our community, without fail. They didn 't bounce around from city to city pedaling their law enforcement credentials to the highest bidder. They remained loyal to our community. They did this to protect and serve us, to make Miami a better and safer place to be, and they certainly did not call one of our most cherished communities here, the Cuban community, disparaging and disrespectjul names. All due respect to Mr. Acevedo, he has no understanding of our mores, cultures, and traditions here in Miami; and he certainly does not understand the fabric of the collective peoples that constitute our Miami quilt. Last week 1 circulated documents to each and every one ofyou regarding the claims that the Papiers have against the City because of Mr. Acevedo's irrational behavior regarding their respective employment. When you have time, read the Internal Affairs file upon which Mr. Acevedo relied to justify the Papier termination. Frankly, it is ridiculous and beneath the integrity of the City of Miami to seriously consider that report to justify the Papiers' termination. It is clear to us -- Commissioner Diaz de la Portilla: Sir, sir -- I am showing some flexibility because I think it's an important issue and you 've been waiting a long time. If you could wrap it up. Mr. Harris: I'm going to wrap it up. Commissioner Diaz de la Portilla: You've completed your two minutes. Thank you, sir. Mr. Harris: Okay. Commissioner Diaz de la Portilla: Get to the valuable points that you want to make. Mr. Harris: Yes, okay. Let me wrap it up. It's clear to us that Acevedo has weaponized the Internal Affairs department for his own personal benefit and has some personal vendetta against the Papiers. If you have not done so, please read our document. Based on what was presented here today this was a long pattern by Mr. Acevedo to document false allegations against not only this body, and you guys are effectively his boss, but against his subordinates. You guys should not allow this to stand. This is what his past is prologued, he will continue to do this with good and outstanding people who serve the City of Miami community. With that, I'd like to say thank you for this time and opportunity to be heard. Commissioner Diaz de la Portilla: Our pleasure. Thankyou, sir. Mr. Harris: Thank you. Commissioner Diaz de la Portilla: Thankyou. No. You're recognized ma'am. Good morning. Good afternoon. Dana Carr: Good afternoon, Commissioners. Commissioner Diaz de la Portilla: Sorry. You've been here since the morning. Mr. Carr: Good afternoon. Dana Carr, I'm the secretary of the MCPBA (Miami Community Police Benevolent Association). My address for the record is 480 Northwest 11 th Street. I am also a 27 year veteran of the Miami Police Department. The MCPBA is here to give several perspectives on why we support Chief Acevedo. Although the MCPBA does not agree with every decision Chief Acevedo has made, the MCPBA wholeheartedly agrees with the essence of Chief Acevedo's vision, which is to instill a culture of accountability in our police department and build relationships with the community. Our department has a history of City of Miami Page 4 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 allowing corrupt behavior, as evidenced by the Department of Justice instituting consent decrees and oversight several times throughout the years. Internal Affairs has been a major factor in allowing corrupt officers to slip through the cracks while allowing cases to go beyond 180 days, which prevents officers from receiving discipline for incidents such as excessive uses of force. At tunes, investigators fail to properly investigate IA cases by not interviewing witnesses or mischaracterizing witness statements to benefit the officer under investigation. Additionally, these practices were allowed by senior leadership and if anyone pushed back against these practices, there was hell to pay. Some of the tactics that these senior leaderships use to silence good officers was to alienate them, give them excessive discipline for minor infractions, give them bad work assignments, go after their reputation and create scenarios to put them under false Internal Affairs investigations and more. Our department needs reform. Chief -- Chief Acevedo was brought here to institute reform and he deserves the opportunity to do so. Reform isn't pretty to police officers because it's goes against the blue wall of silence and some of the friends of the family will have to be held accountable, which may include up and to termination, but reform is necessary. The few bad apples can wreak havoc on a community and destroy public trust. If we are truly supposed to be about law and order then we will need to start with our own house. Good officers should not worry -- should not have to worry about reform. If you're following the policy and procedures, then you have nothing to worry about, and if you make a mistake in good faith, then you're covered. A constitutional advisor is one of the most important tools a police department can have since police officers encounter constitutional issues daily such as police shootings, dog bites, stop and frisk scenarios, traffic stops, interviews and interrogations, landlord/tenant disputes, warrants, seizing property, the list is endless. The advisor will ensure the Department respects the rights of citizens and officers. This will lead to a reduction in the amount of money paid for lawsuits. The constitutional advisor can literally pay for their position by preventing one unconstitutional act by a police officer. The principles of 21 -- twenty-first century police -- Commissioner Diaz de la Portilla: Ma'am, wrap it up also as I told -- please. Ms. Carr: -- must be institutionalized and prevail in this department. Building relationships and public trust with the community are the byproducts of accountability and constitutional policing. The MCPBA supports Chief Acevedo in his vision. I just want to make one last comment regarding some officers I heard referenced here who had a bad -- one of the worst IA records in the, you know, possibly in the state of Florida, who knows where. But senior leadership allowed that scenario to happen, so just keep that in mind. Commissioner Carollo: But -- Ms. Carr: Thank you. Applause. Commissioner Diaz de la Portilla: Thank you, ma'am. No, there's no -- there's no applause here. Commissioner Carollo, do you want to say something or do I just continue? Commissioner Carollo: That's okay. Commissioner Diaz de la Portilla: We'11 come back to you, don't worry. You're recognized, sir. Thomas Kennedy: Yeah, my name is -- Commissioner Diaz de la Portilla: Good afternoon. Mr. Kennedy: Good afternoon. My name is Thomas Kennedy. I want to say I sat here, for two hours because I think it's important to be here and to speak. Our City's going through some serious challenges. Housing is completely unaffordable, inequality's rising, the infrastructure City of Miami Page 5 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 is mediocre at best, and 1 want to thank Chief Acevedo for detailing how you, you, and you have used and abused your public office, racketeering, bribery, extortion, corruption for decades, for decades. So 1 thank the Chief You have turned this Commission into an embarrassment. Meeting after meeting, airing your petty grievances, it's just embarrassing what has become to -- what has come of our city under your leadership and I hope the full weight and fury of the Department of Justice comes on to you, you, and you and you're prosecuted to the full extent of the law. You are not public servants. You are an embarrassment to public office and you should be ashamed of yourself Thank you. Applause. Commissioner Diaz de la Portilla: That is a professional agitator, I think. Sir -- your own website says that. You're recognized, sir. (COMMENTS MADE OFF THE RECORD) Ramon Carr: Hi, my name is Ramon Carr -- Commissioner Carollo: Now -- now that he said all the nice things about us, did he have any more time for anything nasty? Commissioner Diaz de la Portilla: He actually left about 30 seconds on the clock, whatever. You're recognized, sir. Commissioner Carollo: Yeah, 1 think I've seen his picture in Tallahassee. Commissioner Diaz de la Portilla: Yeah -- yeah, I've seen it too. Commissioner Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: You're recognized, sir. Mr. Carr: Hi, my name's Ramon Carr. I'm also a 29 year employee of the City of Miami Police Department. I'm the Vice President of the MCPBA. Commissioner Diaz de la Portilla: Good afternoon. Mr. Carr: 480 Northwest ll th Street is the address I'll put on record. When I look at the Board, I see a bunch of imperfect men. What see is regardless of your imperfection, you've done great things. You've -- when given the chance, you were given the opportunity to become great at your positions. You became subject matter experts. ChiefAcevedo is just like you. He has been given the opportunity. He's an immigrant just like some ofyou. He came here to do the best job he could and became an expert in his field. One thing that he's not, he's not afraid. He's a bold guy, just like all of you. All of you are bold men. And he became a bold man and he's not afraid of making decisions that are tough. That's not going to be popular for most people. Each ofyou have experienced controversy. Sometimes the controversy's been between all of you. Sometimes it's been between the employees and you all. But with that, all of you have done that to make this city great. We love this city. I love this city. I was born here, but I was raised in Texas and I came back because I love Miami. ChiefAcevedo was brought here for a reason. It took courage for the City Manager to understand that one day, today, might happen that his pick was going to be challenged by all ofyou, but he made that choice. And he made that choice because the options that we had I guess when he looked at them he said those finalists are not what need. I need someone that's going to do something that's going to be bold that's going to change the tide. You know, we're at a paradigm shift in the police department and in policing in general. With that paradigm shift, there's going to be people that are going to be upset and even our department, we came here before you before to talk about City of Miami Page 6 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 all the things that were happening at Internal Affairs, the racism, the harassment, the cronyism. And I'll wrap it up. Give me 30 seconds, please. Commissioner Diaz de la Portilla: Yes, sir. Mr. Carr: The fraud that occurred, the subculture that exists within our police department. It's happened in other police departments around the country and it's bad for us. We have an opportunity here to change the culture and to do something great. He's not going to be the greatest person. He's not going to be the most fun loving. He's not going to -- to dance to the beat of the drum of the City of Miami. But what he's going to be able to do is give us an opportunity to press a reset button and 1 challenge you all to whatever you guys think that he should be doing, talk to the Manager. 1 think the Manager is a very astute person who was given this job to be able to overlook the city of Miami. Give him some professional advice on what you believe that a chief of police should look like and I'm sure he'll listen to you.1 thank you. Commissioner Diaz de la Portilla: Thankyou, sir. Sir, you're recognized. Good afternoon. Larry Hagan: Good afternoon, Commissioners and citizens. How are you doing? Commissioner Diaz de la Portilla: How are you doing, sir? Mr. Hagan: Thankyou. I'm doing very well. Thankyou. My name is Larry Hagan, Junior. I was a City of Miami police officer for approximately 18 and a halfyears until 1 went to a civil service hearing on March 3rd, 2015.1 would like to address circumstances surrounding my termination after corning out of that hearing by former City Manager Daniel Alfonso to which he was given -- Commissioner Diaz de la Portilla: Well that's not -- Mr. Hagan: -- information about me. Commissioner Diaz de la Portilla: Sir, that's not the topic we're discussing today. So, normally what we do in our Commission meetings we give notice and we address the topic that's on the agenda. The only thing on the agenda is the Police Chief the current Police Chief is not -- Mr. Hagan: Okay. Okay. Commissioner Diaz de la Portilla: So you'll be given an opportunity. If you come to a regular Commission meeting, I'll give you, or whoever the Chair is will probably give you an opportunity. Mr. Hagan: Yes, sir. Okay. Commissioner Diaz de la Portilla: But that's not what we're addressing today. Mr. Hagan: Okay. Commissioner Diaz de la Portilla: So we want everybody to stick to the subject of what we're talking about. Mr. Hagan: I appreciate that, but there has -- Commissioner Diaz de la Portilla: And I'll be glad to meet with you privately, and I'm sure every Commissioner here will meet with you to -- so we can address your grievances, but this is not the place for that today. City of Miami Page 7 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Mr. Hagan: Okay, no problem. But it's concerning employees of the City of Miami. So when can 1 get that done? Commissioner Diaz de la Portilla: You can come to my Vice personally and we could have a conversation about it. I'm sure the other Commissioners would acquiesce to that too at some point. Mr. Hagan: Do you have an aide? Because I'm pressed for time. Commissioner Diaz de la Portilla: Absolutely, yeah. We all have aides, so we can just go to our office. Commissioner Carollo: Mr. Vice Chair, can you instruct the City Clerk to put him down for a personal appearance? Commissioner Diaz de la Portilla: Yes. That's what -- that's what I was going to do. Commissioner Carollo: Next meeting. So next meeting. Mr. Hagan: Yeah. And what I want -- Commissioner Diaz de la Portilla: If you want to address everybody at once -- Mr. Hagan: Yes, sir. Commissioner Diaz de la Portilla: we'll have a City Clerk set you for a personal appearance. Mr. Hagan: Okay. No problem. Commissioner Diaz de la Portilla: In our next Commission meeting and you'll come and we'll let you -- I'll give you -- and we'll give you whatever time you need, sir. Mr. Hagan: Thank you for your time. And I want everybody -- what I have to discuss I want everybody to see this. Commissioner Diaz de la Portilla: Then we can do it publicly, absolutely. Mr. Hagan: Okay. Commissioner Diaz de la Portilla: Remember, we're a very transparent, open body and we do everything in public. Mr. Hagan: Yes, sir. Commissioner Diaz de la Portilla: We do nothing in private. So you'll have that opportunity, sir. Mr. Hagan: I got you. Yes, sir. Thank you. Commissioner Diaz de la Portilla: I give you my word. Have a good day, sir. Si; you're recognized. Stanley Jean-Poix: How are you doing? Commissioner Diaz de la Portilla: Good. How are you? City of Miami Page 8 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Mr. Jean-Poix: Good afternoon to all the honorable Commissioners and Mr. City Manager. My name is Stanley Jean-Poix.1'm the current President of MCPBA, which stands Miami Community Police Benevolent Association. I've been a police officer for 23 and a half years and I came here today to express my support for ChiefAcevedo. It doesn't mean I minimize your opinions because I have respect for all of you up here because you were here last year, you were gracious to us. However, I've heard a lot of negative things about Chief Acevedo. But I'd just like to point out some positives that saw in the five months. When he came on the department he was the first chief ever saw conduct a department wide survey to give your opinions what he thought was important -- what we thought was important. He brought the interview process back to specialized units. Before that it was just the Chief or his friends picked and chose whoever they wanted. There was no chance of advancement iif you weren't in the clique. He formed committees talking about how can we -- what are the right qualifications if you want to move up to become a staff member what can you do to make yourself a better candidate. Before there was -- no one ever told us that. When Chief Colina was here, he couldn 't even tell us what he was looking for in a chief He brought diversity as you can see. We have, you know, we have now White females in certain positions, White males, we have Black, so, you know, also he's the first chief that actually requested to join the MCPBA. I've been here for 23 and a half years, no chief has ever done that. Lastly, he's even talked about what can we do in forming a scholarship to recruit more African -Americans from the city, Booker T. Washington, Edison, Northwestern. How can we get these kind of people into the police department. Secondly, and 1'll make it quick, some of the complaints that just heard in the audience and -- which the FOP (Fraternal Order of Police) is going to probably mention, which I don't concur with. The Cuban mafia comment I know was offensive to many. I didn't agree with it. But what 1 saw was he apologized. If you recall, when we had Chief Colina here when we brought up the Intown comment he deflected, he denied, he ignored, he never took ownership. I'll make it quick. He brought in Heather Morris. Let's -- let's not forget, Commissioner Carollo, you were mayor at one time. We had Chief Timoney, he brought in Chief Gallagher, he brought in Chief Gallagher -- Vega, which were from New York. You had ChiefExposito who brought lon Moffett, he brought Richard Blum as outsiders. That was never challenged. Talk about the demotions -- Commissioner Carollo: Blum -- Blum was not an outsider. Mr. Jean-Poix: Yes. Remember he left -- yeah, he left and then he came back. Commissioner Carollo: Yeah, but he grew up in the city of Miami. Mr. Jean-Poix: Right. But remember he left -- but agree. But remember he left and then they brought him back. Commissioner Carollo: Yeah, but that's not an outsider. Mr. Jean-Poix: Okay. So we'll go -- okay -- I deferred it. Commissioner Diaz de la Portilla: Well let's -- wrap up your comments if you may, sir. Mr. Jean-Poix: Okay. I'll make it quick. Right. So we talk about demotions. Now the FOP's upset about demotions. My past -- my secretary was here. She got demoted as a Major. Do you know what everybody told her? Suck it up. That's the game. You were appointed. Stop crying. Now all of a sudden everybody's shocked, look at all these demotions. Nobody cared about that. So moving forward I -- I have if I could spend more time I would. I know I'm limited. We just come here to say that I think you all are intelligent men. I think he's only been given a limited amount of time. I would love to see what the finished product is. And, you know, I would say he -- there's some room for correctment [sic], but I would -- you know, give himan opportunity, the Chief an opportunity at least to try to make some positive change. Thank you. City of Miami Page 9 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: Thank you, sir. Hi, miss. Good afternoon. You're recognized. Natalie Lopez: Do I need to turn this on? Commissioner Diaz de la Portilla: Yes. Is it on? It should be on. Yes. Ms. Lopez: Hello. Natalie Lopez. Commissioner Diaz de la Portilla: Hi, Natalie. Ms. Lopez: Hi. I'm going to try to make this short, simple, and nice. This is disgusting; to have hired this chief is disgusting. 1 mean, no one's talking about crime. There's a lot of crime going on and no one is talking about the crime. He could care less about the crime. Why was he even hired to begin with? Not only is there Google, but there's social media, there's, you know, Facebook, Twitter, Natalie Lopez -- Commissioner Carollo: Move -- move up. Commissioner Diaz de la Portilla: Speak closer to the microphone. Ms. Lopez: Everything that you said, 1 tweeted that before he was sworn in. 1 mean, a shorter version of it, of course. So why was he even hired to begin with? So the problem is not the chief. Is the problem -- who chose him? Who chose him? That is the problem. Which is the Mayor. Who clearly does not have the priority of our safety when he chooses people. Commissioner Diaz de la Portilla: Well the Mayor's not here, so -- Ms. Lopez: I understand that. Commissioner Diaz de la Portilla: Try to limit the personal comments. I think it's important. Ms. Lopez: It's not personal. Commissioner Diaz de la Portilla: Well -- Ms. Lopez: Who chose him? Commissioner Diaz de la Portilla: Continue, Natalie. Ms. Lopez:: Who hired him? Commissioner Diaz de la Portilla: Continue, Natalie. Ms. Lopez: That's all I'm going to say. Commissioner Diaz de la Portilla: Thank you very much. Thank you for your comments. Hi, miss. Good afternoon. Tangelo Sears: Tangelo Sears, Florida Parents of Murdered Children. I am here in support of the chief. I did not agree with the process, and the Commissioners that's complaining today, I spoke with you all during the process. You supported this. I don 't know what went wrong. I don't know what he did not do. But it is time that we move forward with the business of the City of Miami. We have people being killed daily. We need to deal with these issues. Today is a waste of time in the City of Miami. Commissioner Diaz de la Portilla: Thank you, miss. City of Miami Page 10 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Applause. Commissioner Diaz de la Portilla: No, no applause, sir. Okay. Hi. Good afternoon. Mayra Joli: Hello. Commissioner Diaz de la Portilla: How are you? Ms. Joli: Mayra Joli here. All right. 1 thinkArt Noriega is your name? Commissioner Diaz de la Portilla: That's his name. Ms. Joli: You are designated to take the hit? Apparently. Because we are talking about everything about Art Acevedo. Apparently he's great according to the people in that line. But he's great for Texas. Keep him there. We have police officers here who had been through thick and thin. And if you're going to tell me that you couldn 't find one police officer that could take that place of chief of police that you have to go and transplant somebody from somewhere just to bring here. (FOREIGN LANGUAGE). Where is the Mayor when we need leadership? He is the one who picked him, handpicked. He's friends with the Mayor of Texas or Houston and he decided to hire him. People, where is he? What -- No, no, no, no, Alex. Don't tell me he's not here. Because that's the issue. Commissioner Diaz de la Portilla: Don't call me -- Ms. Joli: He was the one who hired that guy. Now he's used the police force, he's using the City Clerk, he's using the City Attorneys, and now we have to just keep it like that? He's taking the hit for it. He doesn't know anything. He doesn't know how he was hired. He doesn't know anything about his past. He doesn't know anything. How can I, in my office, hire people and then I going to just come here in microphone and say, I didn't know? How many other people didn't anybody know? Do we remember the press secretary for the Mayor of Miami? Do we remember him? He was resigned, fired, retired, what was it? So now we have another major position, which is the chief ofpolice, and that the chief of police if he found out all of that crap that was happening and now when he sees his pants on fire he's going to bring everything out, he's going to throw everybody -- Commissioner Diaz de la Portilla: Thank you. Ms. Joli: The Mayor of Miami -- Commissioner Diaz de la Portilla: Thank you. Ms. Joli: -- was the one who created this crisis. Commissioner Diaz de la Portilla: Thank you. Ms. Joli: Between the Commissioners and the police. Our men and women in uniform are the greatest in Miami. We don't need nobody from the outside to come and tell us that we don't work well. Commissioner Diaz de la Portilla: Thank you. Ms. Joli: The people who are supporting Acevedo can take him home with them. Because when the crime is happening, we don't have Sergeant -of -Arms with us. When we are being target by the Clerk or the City Attorney, who's going to come from our rescue? Who? This crisis was created by the City -- the City Mayor. Where is he? City of Miami Page 11 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Fonda- Ms. Joli? Ms. Joli: He can come and face it. Commissioner Diaz de la Portilla: Thank you very much. Thank you for your comments. You're recognized, sir. Good afternoon. Mark Alvarez: Good afternoon. My name is Mark Alvarez. The reason I came here today is I was actually looking on YouTube to see this -- to see this Commission meeting, because I think it's important as an American to see people talk about different things. But what 1 don't expect -- what 1 don't agree with is that you guys coming in an hour and a half late to the meeting when we're paying you guys from our taxpayers. Right? We're taxpayers, so we pay you guys. You guys work for us, right? Commissioner Diaz de la Portilla: Yes, we do. Mr. Alvarez: Then at lunch time coming 30 more minutes late and after that getting coffee for God sakes. CommissionerCarollo: Excuse me. Excuse me for one -- Mr. Alvarez: No, let me finish. It's public -- Commissioner Carollo: You'll have -- Commissioner Diaz de la Portilla: Wait, wait, wait, wait. Mr. Alvarez: It's public -- Commissioner Carollo: I'm just curious -- Mr. Alvarez: Do you even have time for the public to talk? Commissioner Carollo: You're saying you're a taxpayer. Where do you live at, sir? Mr. Alvarez: I'm sorry? Commissioner Carollo: Where do you live at? Commissioner Diaz de la Portilla: Yeah -- Mr. Alvarez: I live on Miami. 3890 Northwest 4th Terrace, if you need to know, sir. Commissioner Carollo: Okay. That is Miami. Then you are a taxpayer. Mr. Alvarez: A hundred percent Miami. Commissioner Carollo: My apologies. Mr. Alvarez: I pay taxes. Commissioner Diaz de la Portilla: We're going to give you a few more seconds. Mr. Alvarez: I pay taxes. Commissioner Diaz de la Portilla: Just continue, sir. You're recognized. City of Miami Page 12 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Mr. Alvarez: Okay. Commissioner Diaz de la Portilla: We'll give you some more time. Mr. Alvarez: So that's my disappointment. I think everybody should be able to talk about what's going on with Art. That's fine. But at the moment that you're wasting our time, that's where the problem starts. And I think you guys should do better than that. I definitely think because it's becoming a joke and we're all looking like a joke here in Miami. We're all looking like -- and you can nod your head. Yeah, sure, maybe not -- Commissioner Diaz de la Portilla: 1 disagree with you. Mr. Alvarez: But we are. There's people looking at it. Look at YouTube, look at what everybody's writing. We're looking like a joke and it's sad to say that. This is Miami. One of the greatest cities in this <expletive> country and it's sad to see that. And it's because of the Commission. I really hope you guys look at yourselves in the mirror and start acting better, for us. Because that's what really matters. Us, the taxpayers. And that's all I have to say. Thank you. Commissioner Diaz de la Portilla: Thank you, sir. Commissioner Carollo: Thank you very much. Commissioner Diaz de la Portilla: Thank you, sir. Ma'am, you're recognized. Good afternoon. Kathy Suarez: Hello. Commissioner Diaz de la Portilla: Hi. Ms. Suarez: Okay. So my name's Kathy Suarez. I honestly don't think that when Chief Acevedo said something about the Cuban mafia, I don't think he was talking about you guys. He was talking about the Mayor. Okay? I've given him a hard time about all the security the Mayor has. I live on the same street. They've been boosting cars on my block for a month now. One day after another, going next door, my house one day, taking a car next door the next day, jumping over fences. And it's the same crew. They've gone into gated Poinciana. They not only took the Range Rover, they used the clicker and went into people's garage. Here in Florida that's called an occupied burglary. My Commander is the best. Morales is the best. I am -- I'm disappointed and I'm sad, and ChiefAcevedo's lack of attentiveness to this matter and he did send me a text message semi -reprimanding me for putting on Twitter that he lives in the Grove. I didn't say what street and I didn't even say which part of the Grove. I wrote back to that comment because he says he has a 13 year old son. I have four moms whose husbands travel to pay the property taxes and the mortgages. If it wasn't for the Delta variant, they'd be gone. They are jumping fences in front of my house where the cars are parked outside. What does mommy tell the children when the car's not there to go to school in the morning? I think we have some work to do, but I think that the biggest problem is upstairs and everybody's being corralled into this tornado of confusion again. We finally were all getting along and now we've got a problem. I think he could tone it down a little, be a little less newsy, because we have enough of that between Commissioner Russell and the Mayor. I would like to see that less from the Chief.' I think the guy could do some things to better our city, but I also think it's really, really wrong as a business owner to demean your employees by saying we brought you the MVP (Most Valuable Player), the Tom Brady, the Michael Jordan of police chiefs, the best police chief in America. That is demeaning and insulting to the officers who serve us on a daily basis. But I do think the Mayor has too much, and I think we have too little, and I think it's caused a real problem here. And I would like to see a better collaboration. Thank you. Commissioner Diaz de la Portilla: Thank you, ma'am, thank you. I like that word newsy. I wrote it down. I'm going to use it. You're recognized, sir. Good afternoon. City of Miami Page 13 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Samuel Latimore: Good afternoon. My name is Samuel Latimore, former Police Academy Director, Criminal Justice professor, former Commander of Police Agency, former police trainer for police and defensive tactics. And I want to say a couple of things: Number one, as I got here at 9:00 this morning and I'm going on board first time I speak, this has happened to me one other time when we were debating who was calling about the police chief We were told -- I was told at 1:30 in the morning and the comment was made by Commissioner, if you're up this tune of night, you need to get a life. I'm not going to call out the Commissioner, but 1 was offended because I had watched a budget hearing all day. I want to comment about what we see in terms of the community. I've heard a lot about Chief I was not happy that -- initially, but I'm very pleased at what the police chief has done since he's been here. Let me correct that. I'm not concerned about what happened in Houston because who among you can throw a stone? Same kind of stuff that you have on the chief they have on all of us. My point is that in my community which was seeking safety, Chief Acevedo came and began to make officers accountable. He made them stop hiding at night behind Walgreens stores, hiding at six positions that we know about. He made them accountable to patrol the streets. And so he did what he was brought here to do. He made them accountable. Transparency. We were able to call him, he came out. Because we suffer from an image of lack of police services. Not the police services. And for you all who may know this, City of Miami Police Department has been investigated a number of times for shooting Black boys. And so when we talk about the City of Miami Police Department we need to understand that there's some history. I don't -- this is what Clarence Patterson called a high tech lynching, and I use that phrase about sitting here, I'm tired. Ofsitting here all day seeing what Clarence Patterson said. It's high tech lynching. I'm not here to say keep Acevedo. lfl were he, I -- I let you fire me and get my pay. Because it's not worth it to have your reputation drug throughout this community like it has been drug. So, my role is to tell you that he's done a great job in the Liberty City, Model City area. He's -- he's made officers accountable in Liberty City and Model City. He's made them aware of the fact that citizens will call and report you in Miami. And -- and that's what I want to say. To those who have been participating in this process of demeaning a person just because you have -- we all can be demeaned. We call can have some negative things said about us and we all know that -- Commissioner Diaz de la Portilla: Wrap it up, sir, please. Mr. Latimore: My point is that he has done a great job -- Commissioner Diaz de la Portilla: Thank you. Mr. Latimore: -- for the citizens and the city of Miami, Liberty City, Model City area. Commissioner Diaz de la Portilla: Thank you, sir. Pedro Mora: Good afternoon, Commissioners. Commissioner Diaz de la Portilla: Good afternoon. Mr. Mora: My name is Doctor Pedro Mora, 999 Brickell Bay Drive. I've been through this process because as you know I was part of the selective committee that were to choose the next chief Obviously, we all know that our recommendation was thrown to the garbage. After hours of volunteer work, myself and other highly professionals in the law enforcement community, such as Chief Dickson, ChiefHarmes, and this gentleman was not even on the list. But we've gone through this the whole time and I've been listening to the arguments and everything that Commissioner Joe Carollo has said and it's alarming. I don't blame the Chief. I blame the City Manager. He's the one to be blamed, the City Manager. Because if you apply for a job -- you -- if I have an employee and I don't due process him and look at his resume and looked into what he's done, then I'm the bad guy. And if he goes out and does service I'm accountable. And we're all blaming the wrong guy. The police went out and got recruited. Hey, City of Miami Page 14 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 I'll take a $300, 000 a year, job. He just got pensioned out of Houston, he came here and got money. We're all right. But the person here at fault is the -- the Manager. He should have done his job. And all these allegations, he should have known about it. And now -- and if he doesn't know what Google is, dammit, he's got a staff that knows what it is. So where was his job? Now if -- if everything goes sour, guess what, we're going to -- whether we win or lose with the Chief whether he stays or goes we've got to pay for that. And that comes out of our money. And I'm sure our City Manager doesn't live in the city so he doesn'tgive a crap. Seventy-five percent of all taxpayers money in the city, so you could know goes to pay -- salaries and pension, 75 percent. That means we -- out of every dollar we only get 25 cents in service. Okay? And we have a highly qualified, so they say, City Manager, yeah, he's looking at the ceiling, and we had a process in place by you, Commissioner, him, the City Mayor [sic]. We all gave our time, multiple days, hours. Heck, in one particular Zoom meeting, 1 was not even in this country and I still Zoomed in. That was my concern. 1 did it pro bono. I'm not getting salary. 1 did it because I care about this city, and our recommendation was thrown to the garbage. And we, most of the people in the committee, found out that we had a new chief from out of town through the media because that office that he runs, the City Manager, didn't have the courtesy to call us and say, hey, by the way, thank you for your service, we got somebody else. We got Joe Schmo from Toledo, Ohio. Great. Commissioner Diaz de la Portilla: Thank you. Mr. Mora: But the process was not carried through. Thank you. Commissioner Diaz de la Portilla: Thank you, Mr. Mora. Hi, miss. Michelle Reboso: Good afternoon. Commissioner Diaz de la Portilla: Good afternoon. How are you? Ms. Reboso: Good afternoon. My name is Michelle. I am a city ofMiami resident. I'm not a public speaker, so I'll do the best that I can. Commissioner Diaz de la Portilla: It's all right. Ms. Reboso: I -- I've watched the Commission meetings for a really long time. I've been watching you guys and politics my whole life. The -- the meeting that I saw on September 23rd was the reason that I've -- I've been here the past couple of meetings and why I've been a little bit involved. And I think I -- I have great things to say about the Chief but I don't think that that -- that you guys need to hear that. I think your decisions and your minds have already been made up and we're just here for our own personal fun. But I do believe that at that hearing when I heard -- when I saw Commissioner Reyes pound his chest, he was so proud that Commissioner Russell referred to him as a un guapo. You know, I thought that was -- I didn't think that was necessary. I was -- I didn't think it was right when you made a big stink about the cameras outside and the flashing and all that. I thought that was unnecessary. And maybe he's not a politician, but, you know, still he should be in front of the camera. He has the right to do that. I don't think that -- that as politicians, anyone really has the right to throw the stone, and I think that you guys all know that. I don't think anyone here has a clean record. I think that you 've all been accused of crimes that maybe you haven 't committed and you've been able to defend yourself appropriately and properly, and you've been given the due process. And I think that you guys sitting here and playing judge and jury is really wrong and we have a system. And we have a system in place for situations like that. And the Chief is not here to defend himself. He hasn't been given the opportunity to defend himself. You guys speak whenever you want. You interrupt whenever you want and you go on and on and on and on and on. We get two minutes. We are the taxpayers and we get two minutes and you cut us off and you interrupt us and I think that's wrong. But all of that being said, I know I have 30 seconds left, I do want to say that you guys -- you guys should really probably act a little bit better. I think that the best thing that we have here is Commissioner Watson. I think Commissioner City of Miami Page 15 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Russell's great. I think the three of you need to work a little bit better at making us Cubans feel proud to have you guys there because 1 was horn here, hut 1 know what the Cubans went through from my father and my grandfather. And 1 know what the politics are like in this city. 1 know it firsthand, and I don't -- I really don't like to see what I'm seeing. So I just I ask you to please try and do better. And the criticism and the laughing and making a mockery out of this process, the way that you guys are doing with the cynicism and the criticism, it's unnecessary and it's unprofessional and it's unethical and it doesn't lead to anything and I ask that it please stop. And that's it. Thank you. Commissioner Diaz de la Portilla: Thank you, miss. Is there anybody else for the public that wish -- wishes to address the Commission? Good afternoon, Mr. Reyes. Tommy Reyes: Good afternoon, Commissioners. I think everything 1 have to say has pretty much been said publicly already. I just want to go over and put into the record some of the surveys and stuff that we've put out to the members. My biggest thing is, let me start off -- Commissioner Diaz de la Portilla: Identify yourself Mr. Reyes: My name is Tommy Reyes. I'm the President of the Fraternal Order of Police. I represent the police officers and the City of Miami Police Department. Not just one group or sect ofpolice officers, all of the police officers. No matter your color, your race, your creed, your sexual orientation, it doesn't matter. I represent almost all of them. All but a small handful that are not members of the organization. That being said, we held a vote of confidence on ChiefAcevedo earlier -- excuse me, last week. There was two questions asked. The first question was, as a member of the Miami Police Department, do you have confidence in Chief Acevedo 's ability to lead the Department? Seventy-nine percent of our members that took the survey, took that -- or voted in the survey voted that they do not have confidence in his ability to lead the Department. That's 615 people. That's just about half of the Department. The second question was, should Art Acevedo be fired or asked to resign. 614 people, so one less than the previous question, agreed that he should be fired or asked to resign, which is still again nearly half of everybody that works the department. At his hundred day mark at the department, I asked -- I conducted another survey. Some of the beginning was just background questions on where they work and what rank they are, so I'll skip through those. But the first one of merit is, do you believe the Department is better or worse off now than it was a hundred days ago before the swearing in of Art Acevedo? Just shy of 50 percent voted that it is much worse than it is -- than it was a hundred days ago. Just over 20 percent voted that it's worse. So, that's over 70 percent of our members at a hundred days voted that it was worse off. Here's another important one to my members and to the safety of my members. I feel that I can safely and effectively do my job under the guidance and leadership of Chief Art Acevedo. Fifty- six percent strongly disagree with that statement. Fifty-six percent of my police officers feel that they cannot safely do their job under his guidance. It's actually more than that, but that was strongly disagree. Almost 20 -- another 20 percent disagreed. The next question, I feel when I'm at work ChiefAcevedo has my back and supports me when doing my job. Sixty-two percent, almost 63 percent, strongly disagree with that statement. Another 16 point -- almost 17 percent disagree also. I believe that there are clear, concise, and easy to follow directives coming from ChiefAcevedo? Fifty-three percent strongly disagree and 17 percent disagree. Commissioner Diaz de la Portilla: Mr. Reyes, please wrap it up if you can -- Mr. Reyes: Yeah, I can wrap it up. Let me go here -- let me go to the one that's really telling. This one was rather -- strongly telling, do you feel Chief Acevedo is more concerned with his personal image or that of the Department? A whopping 90 percent, 90.09 percent voted that he is more concerned with his personal image than the Department, than the police department as a whole. So I think that that shows a lot when 90 percent -- it was 782 members of the police department voted that he is more concerned with his personal image than he is the department. There are copies of these out there if anybody else wants to look at them. If my Vice President City of Miami Page 16 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 didn't give you one, come see me and I'll make sure everybody, up here gets one. Did everybody up here get one? Commissioner Diaz de la Portilla: Let me just make sure the Clerk gets it for the record, sir. Mr. Reyes: I will. I'll give him these right now. Commissioner Diaz de la Portilla: For the record. I think -- Commissioner Watson: Mr. Chair? Commissioner Diaz de la Portilla: Commissioner Watson, sir, you're recognized. Commissioner Watson: Mr. Chair, I want to just ask a quick question of Mr. Reyes. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Watson: You represent all of the members of the police department? Mr. Reyes: The FOP (Fraternal Order of Police) is the bargaining unit for the police department. So when it comes to bargaining, I represent everybody whether they're a member of the union or not, but these will -- these answers will come from the union members, which 1 would say we're well over 95 percent of the police department are members of the FOP. Commissioner Watson: Okay. All right. Mr. Reyes: It is a small handful ofpeople that are not members of the FOP. Commissioner Watson: And why would it be? Mr. Reyes: Some people just are -- don't like to be part of unions, they have union -- you know, that anti -union mentality. Some people are part of other -- have other legal defense plans or other legal defense plans out there. And that -- but that's one of the big reasons why you would be part of the FOP. Commissioner Watson: So you're referring to the to the MCP? Commissioner Diaz de la Portilla: I'm having difficulty -- Mr. Reyes: No, the MCPBA does not cover any legal defense that I'm aware of. But most of the MCPB are MC -- are FOP members also. Commissioner Watson: Okay. All right. Thankyou. Mr. Reyes: I mean, I don't want to speak for anybody else, but the MCPBA, I believe is more of a fraternal organization, correct? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Thank you. Mr. Reyes: Yeah. Thankyou, gentlemen. Commissioner Diaz de la Portilla: Any additional questions, Commissioners? Okay. Ma'am, you're recognized. Yes, ma'am. City of Miami Page 17 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Cecilia Stewart: My name is Cecilia Stewart. I live in 1899 Northwest 1st Court, in Overtown, and I would like for the Miami Community Police Benevolence Association members who spoke to stand, please. l just want to put it on the record that I support wholeheartedly the comments, the reports that they made, and I support them as a citizen, as a resident, and homeowner, property owner in the city of Miami I support them. Thank you. Commissioner Diaz de la Portilla: Thank you, ma'am. Good afternoon, sir. Grant Stern: Hello. My name is Grant Stern. I live at 425 Northeast 22nd Street. I've been waiting eight hours to make this comment. I'm here today because 1 agree with Joe Carollo. Hypocrisy is a terrible thing. It truly is. And repeating the same mistakes is an even worse thing. Joe Carollo was the City Manager in Doral and he reported misconduct that he saw. He saw public corruption and he did something about it. And the City of Doral fired Commissioner Carollo. But he went to court. He went to federal court. He sued. And he won. He got his job back, he got his back pay. He vindicated his rights because of the First Amendment retaliation by the City against an officer, one of its agents, who reported wrongdoing. Now we stand here today and I'm not here to defend Chief Acevedo, but 1'm here to say that the City is about to waste millions of dollars fighting the exact same fight that Commissioner Carollo knows this City cannot win. In fact, Commissioner Carollo is involved in another First Amendment retaliation fight directly related to the list that Chief Acevedo says that he and another City. Commissioner possess. Now I'm going to ask fbr more time because I saw that you gave the Papier's lawyer quite a lot of time. Commissioner Diaz de la Portilla: I --1'm giving -- Mr. Stern: You said their testimony was valuable. Commissioner Diaz de la Portilla: I've given everybody -- Mr. Stern: I am here to save the city -- Commissioner Diaz de la Portilla: I've given -- Mr. Stern: I'm here to save the City money. Commissioner Diaz de la Portilla: Well first of all -- sir, sir, Commissioner Carollo's not on the agenda. It's Chief Art Acevedo. Mr. Stern: That is correct. Commissioner Diaz de la Portilla: So stick to the subject -- Mr. Stern: And this is First Amendment -- Commissioner Diaz de la Portilla: I'm going to give you more time. Mr. Stern: -- retaliation, sir. Commissioner Diaz de la Portilla: I'm going to give you -- hold on. I'm going to give you more time because I've given everybody time. Mr. Stern: Okay. Commissioner Diaz de la Portilla: More than two minutes. So relax. You're going to have time. Mr. Stern: This is about First Amendment retaliation -- City of Miami Page 18 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: But focus -- on what's on the agenda. Mr. Stern: This is about First Amendment retaliation. Commissioner Diaz de la Portilla: Okay. Mr. Stern: That's what this meeting is about. Commissioner Carollo: Do -- Mr. Stern: That's what this whole Star Chamber is about. Commissioner Carollo: Do you live in the city of Miami? Commissioner Diaz de la Portilla: Hold on, Commissioner. Mr. Stern: Okay. And -- Commissioner Carollo: Grant, Grant, do you live in the city of Miami? Mr. Stern: Excuse me, sir. Commissioner Carollo: Do you live in the city of Miami? Mr. Stern: 1 have heard you speak for hours. Commissioner Carollo: Do you -- you're going to have -- you 're going to have time. But do you live in the city of Miami? Mr. Stern: Yes, sir. Commissioner Carollo: City of Miami? Mr. Stern: I live in the city of Miami proper, which I have since 2001. Commissioner Carollo: Okay. What -- Mr. Stern: I went to high school in the city of Miami. Commissioner Carollo: What part of the city -- Mr. Stern: I was born in the city of Miami. Commissioner Diaz de la Portilla: Commissioner, Commissioner, his time is -- Mr. Stern: One mile from here. Commissioner Carollo: What part of the city of Miami -- Mr. Stern: And if you're going to show the videos from my bar mitzvah then it might be embarrassing. Commissioner Carollo: Okay. Mr. Stern: But, you know, we're not here to talk about me. City of Miami Page 19 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: Commissioner, Commissioner -- Mr. Stern: We're talking about First Amendment retaliation. Commissioner Diaz de la Portilla: No, we're -- Mr. Stern: That is what I am seeing right here. Commissioner Diaz de la Portilla: Thank you, Mr. Stern. I've given -- Mr. Stern: You're welcome, Commissioner, but let me finish nay point now that I've been interrupted -- Commissioner Diaz de la Portilla: And the point -- Mr. Stern: -- by the Commissioner. Commissioner Diaz de la Portilla: And the point is on what's on the agenda. Mr. Stern: Okay. And on the agenda -- Commissioner Diaz de la Portilla: You're recognized. Mr. Stern: Is a retaliatory strike, retaliatory conduct against an officer of the City who has reported wrongdoing. This is something that is a pattern and practice of the City and a pattern and practice of Commissioner Carollo. Commissioner Diaz de la Portilla: Thank you, sir. Is there any additional member of the public that wants to address this Commission? Commissioners, comments? Commissioner Carollo, you're recognized. Commissioner Carollo: Let's close then if there's nobody else that wants to speak. Commissioner Diaz de la Portilla: Well -- so we're going to close public comment. There's no additional public comment, we're going to close public comment. It is now closed. Commissioner Carollo, you're recognized, sir. City of Miami Page 20 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 SP - SPECIAL MEETING SP.1 DISCUSSION ITEM 10749 Commissioners and Mayor A DISCUSSION ITEM REGARDING THE CITY OF MIAMI'S CHIEF OF POLICE AND ADOPTION OF ANY PERTINENT RESOLUTION(S). RESULT: DISCUSSED Commissioner Diaz de la Portilla: Commissioner Reyes, you wanted to be recognized sir? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: You're recognized. [Later...] Commissioner Carollo: Section 14, Commission may investigate official transactions, acts, and conduct. The Mayor, City Commission, or any committee thereof may investigate the financial transactions of any office or department of the City government in the officials acts and conduct of any City official. And by similar investigations may secure information upon any matter in conducting such investigations. The Mayor, City Commission, or any committee thereof may require the attendance of witnesses and their production of books, papers, and other evidence. And for that purpose, may issue subpoenas which shall be signed by the presiding officer of the City Commission, or the Chair of such committee as the case may be, which may be served and executed by any police officer. So this would be the area that once we open public hearing, that the public can address itself to. Because this is the only point that this body will be voting upon unless there's a difference of opinions here. And there's something else that might be brought forward that every member of the Commission would have the right to. Commissioner Diaz de la Portilla: I like that approach, so we can have our debate here with out City Manager -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: -- and by City Charter, is the one who picks the police chiefs. You have a right to make your statement at the appropriate time. I'm sure you have one. Commissioner Reyes, you're recognized, sir. Commissioner Reyes: Let me make perfectly clear that what I am proposing does not preclude us to go over all the lies, accusations. No. Commissioner Carollo: That's right. Commissioner Reyes: It doesn't preclude any public comment, it doesn't preclude any opinions from anybody. The only thing that it states is that I want an investigation that we are not afraid of an investigation. Because in that memo, those people that read the memo, it states clearly that he is sending information, and he mentioned everybody, but the KGB (Komitet gosudarstvennoy bezopasnosti). You see? He is sending information to the -- City of Miami Page 21 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: The KGB? That's a laugh, right? (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Everybody, he's sending information and requesting an investigation from everybody. Okay? So I'm going to double -down on it, in going to say we want an investigation by, I mean, I respectfully, respectfully disagree that it will be us. I want somebody that it is not even close to us. I will say an independent investigator. And to that effect I'm thinking about an ex -FBI (Federal Bureau of Investigation) investigative director of South Florida. You see? Commissioner Carollo: Commissioner? Commissioner Reyes: Hold on a second, Commissioner. Just let me finish, please. Commissioner Diaz de la Portilla: Let's bring the temperature down so we can all -- Commissioner Reyes: Absolutely. I mean we all -- Commissioner Diaz de la Portilla: We can't bring the KGB into the mix because that would be dictatorial in nature and that's not us. That's somebody else's role. [Later...] Commissioner Carollo: All 1 want to do is kind of establish the order of the day -- Commissioner Diaz de la Portilla: You want to set the tone. Commissioner Carollo: -- the order of the day and of course the Manager would have that opportunity. Commissioner Diaz de la Portilla: So you want him to do it after? Commissioner Carollo: Well, no, I just want to establish the order of the day and then, -- Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: -- you know, you could go to the Manager. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: But what Commissioner Reyes -- Commissioner Diaz de la Portilla: I'm sorry. So, Commissioner Carollo, you're recognized. Commissioner Reyes: Okay. Commissioner Carollo: Yeah, thank you. But what Commissioner Reyes is stating could be in addition to what I am requesting. I have no problem with that. I want to be very clear, Commissioners, this is what, you know, this eight page memos, I've seen these games before with this type of police chief. The last one that saw like this, frankly, was from a much savvier former police chief a lot smarter than this one. And he ended up in jail, arrested by the FBI. Remember him? Donald Warshaw, if some of you weren't around to remember. So I've been around this one. In fact, from the tone of some of the stuff that were written, how they were written, I almost get the City of Miami Page 22 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 impression that they were trying to copy and mirror some of this other manure of information. This is, this eightpage memo has so little credibility. Do you think that the Justice Department is going to want to get involved in a petty political investigation down here in the petty stuff that this man has put forward? He knows that that's not so. In fact, the way that he was wording things was to give the impression he had gone to the Justice Department already, but then what he really is truing to say, and he words it in such a way so that he tries to intimidate us, but when he's finally put under oath he could say, no, what I talked to the Justice Department was about this. He tries to smear the Miami Police Department by throwing blood for sharks, the media, and maybe he gets a bite from the Justice Department if somebody there on this issue might want to have an interest, that there are police officers that have been abusive, that have used excessive force incorrectly, and that senior officers, some, have covered it up. Now, if he would have been telling me that he was talking about his main defender and his henchman, Javi Ortiz, 1 could believe it. But the worst abuser of our citizens and residents in Miami and the state of Florida is his henchman that he's been protecting and he's given carte blanche to go out in the streets when he was not being able to go in the streets by the prior police chief. I'm to believe that he really cares about that? I mean this is laughable. So, Commissioner, what this is all about is, is what is called, I guess he would call it Cuban Mafia slang, it's called (FOREIGN LANGUAGE). For those that don't understand that Spanish slang word in Cuban Spanish -- Commissioner Diaz de la Portilla: Scrambling. Commissioner Carollo: -- (FOREIGN LANGUAGE) means much more than scrambling. It means running scared like hell. That's what it means. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: And this is what this guy is doing. And he's got the wrong chump if he thinks I'm going to be intimidated by his eightpage memo. Now having said that, if we could agree to the procedure of business today -- Commissioner Diaz de la Portilla: Absolutely. Commissioner Carollo: -- we could let the Manager say anything that he wants. I surely will ask him questions. It's not my, intention to try to put the Manager against the wall but there are questions that need to be answered. For instance, Mr. Manager, and this one, since I brought this up I'd really like to get it out of the way. Arthur Noriega (City Manager): Sure. Commissioner Carollo: When was the first time that Mr. Acevedo came to you with this tale of all this use of force by our police officers and coverups by higher-ups that needed to be investigated? What was the first time that he came to you with that? Commissioner Diaz de la Portilla: Mr. Manager? Mr. Noriega: Yeah. Thank you, Mr. Chair. Commissioner, the first time the Chief referenced his concern relative to that, and a need to investigate that or look into that, and it was more a casual reference it wasn't really in any formal setting, I wasn't being briefed, was probably done roughly about a week or two ago. Commissioner Carollo: Okay. So it's roughly, in a casual setting, about a week ago. Commissioner Reyes: Wait a minute. A week ago? City of Miami Page 23 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Yeah. Commissioner Reyes: Well that contradicts some of that. Okay, thank you. Commissioner Carollo: Of course it's a total contradiction -- Commissioner Diaz de la Portilla: That's the first of I'm sure many contradictions we're going to find during the course of the day. Commissioner Reyes: But 1 want to point it out. 1 want to point it out. Commissioner Diaz de la Portilla: Let the Manager -- Commissioner Reyes: Sure. Commissioner Diaz de la Portilla: -- and then I'll recognize you, Commissioner Reyes. Commissioner Reyes: I want to make sure. Commissioner Diaz de la Portilla: Let the Manager answer. Of course it's a contradiction, because I didn't find out about it until way after that, right? Maybe a couple days ago. So in essence, when was the first time that he addressed this issue is what Commissioner Carollo's asking, so can you be more precise in your language in explaining that to us? Mr. Noriega: I don't know that I can get into any more detail than that other than he made it as part of a reference, part of another meeting we were having. It wasn't anything that was specific to that issue. It wasn't a formal briefing or anything like that. He expressed his concerns, it was relatively recent, so you know, there's really nothing more to add to that. I mean that's the extent of which the -- the conversation was very brief. Commissioner Diaz de la Portilla: But that's a pretty serious accusation -- Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: -- against the police force and the rank and file of this department. Which by the way, I just want to say to be very clear, I stand with you guys, all right, because I know the rank and file is not happy with what this police chief has done. Forget what he's done to us in that silly memo, I mean what he's done to the morale of the department. The people have been through hell and high water here for decades and this guy comes from outside and all of a sudden says, hey, I know better than all of you, I'm the great reformer. So we need to know the timeline, right, Commissioner Carollo, of when all these different things happened so that we have an understanding of how it came to this point. Mr. Noriega: Yeah, and we're talking specific to the information outlined in the memo as it relates to use of force -- Commissioner Diaz de la Portilla: Yes sir. Mr. Noriega: -- that's what we're talking about. Commissioner Carollo: Yeah. Mr. Noriega: I mean he had expressed concerns on other issues prior to that -- City of Miami Page 24 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: No, no, no, for now, yeah. Mr. Noriega: -- but we're talking about specifically on the issue of use of force -- Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: That was the only question that we asked right now, -- Commissioner Diaz de la Portilla: That was the only question. Commissioner Carollo: -- was on that. And I submit to this body and to the Manager that is not believable of Mr. Acevedo, that if he is so concerned that he's rushing to the Justice Department, he went to the Pentagon, he went to National Security Agency, maybe even went to see its sister, CIA (Central Intelligence Agency), and went to every other agency, -- Commissioner Diaz de la Portilla: KGB. Commissioner Carollo: -- that he would not have been giving you information of his concerns and briefing you like is his duty as his boss, the Manager, of what he's finding. All of a sudden he finds this a week before he knows this is coming and he's heard from the legislative side of government up here. So, 1 just want to have that on the record, what this man has put down is not believable. And it's outrageous that he is trying to smear the reputation of the City of Miami Police Department with something like this when his number one henchman, his right hand that he took out of the dungeon and gave carte blanche with unlimited overtime to roam the streets again. The number one abuser of our residents, the one guy in the state of Florida that has the worse record of any police officers of beating up residents. And the majority had been African -Americans, by the way, even though he didn't limit himself to that. And this is the guy that he's protecting, and in return the same character is protecting Mr. Acevedo, like we will get into shortly here. Now, Mr. Manager, through you if I may, -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: -- because you're not going to have the answer to this right in front of you, can you ask Angela to come up, our Director of Personnel? Commissioner Diaz de la Portilla: Ms. Roberts. Good morning. Angela Roberts (Director, Human Resources): Gentlemen. Commissioner Carollo: Good morning, Ms. Roberts. Could you state on the record your official position in the City of Miami and what you do? Ms. Roberts: Director of Human Resources. Commissioner Carollo: And what do you do as director of Human Resources? Ms. Roberts: I oversee about seven divisions in the Department of Human Resources, recruitment testing, labor relations, medical. I'm forgetting some of them right now, but you get the -- Commissioner Carollo: Understandable. Ms. Roberts: Uh-huh. City of Miami Page 25 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: We understand. Could you tell us what is the amount, dollar amount, of Mr. Acevedo's package, salary, benefits? In other words, what the City of Mianii has to pay out on a yearly basis for his whole package, including salary. Ms. Roberts: If remember correctly, it was over 400,000, and that's including everything, that's the total package. That's worker's comp and all that. Commissioner Diaz de la Portilla: And if I may, Commissioner; I think you should have a precise answer for us, how much in salary, how much in benefits, and all that, but l think it's around that amount, also, I think it's around 415. Ms. Roberts: Can you give me one moment? I have it right here. Commissioner Carollo: Certainly. Commissioner Diaz de la Portilla: Well, ma'am, ma'am, Ms. Roberts, all due respect, I thought you would kind of have that readily available. You kind of knew what the meeting was going to be about. I mean -- Commissioner Carollo: Well, but truly, Commissioner, you know -- Commissioner Diaz de la Portilla: Yeah. I'm sorry, ma'am,1 mean be more precise in your answer, please. Commissioner Carollo: We didn't ask this before, we're taking her by surprise, -- Commissioner Diaz de la Portilla: Yes, yes sir, I agree. I agree. Commissioner Carollo: -- so I could understand that. Ms. Roberts: No problem. Commissioner Diaz de la Portilla: Go ahead, ma'am, you have it in front ofyou now, right? Ms. Roberts: I have it now, yes. So his actual salary is 315,000; his automobile allowance is, for the year, is 6,000; his cell phone allowance for the year is 2,400; his worker's compensation is $24,297.66; his FOP health trust, that's the benefits, that's 53 -- Commissioner Diaz de la Portilla: 53? Ms. Roberts: Yes sir, $53, 661.61. Commissioner Carollo: For, what, again? Ms. Roberts: For his health benefits. Commissioner Diaz de la Portilla: Health benefits. Commissioner Carollo: Okay. Ms. Roberts: And then for his 401-ICMA it's $31,500. And then his Medicare is $4,689.30. His total package is $437,548.57. That's his complete total package. Commissioner Diaz de la Portilla: Wow. City of Miami Page 26 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Reyes: Mr. Chair, may 1-- Commissioner Carollo: No, no, no, please, Commissioner. Commissioner Diaz de la Portilla: No, hold on, Commissioner Carollo's still recognized. He can follow up on his questions. Commissioner Carollo: I have to do -- Commissioner Reyes: I just want to make a comment on it -- Commissioner Carollo: No, no, no. I just want to finish it and then you can take over. Commissioner Reyes: Okay, okay. Commissioner Diaz de la Portilla: Commissioner, I'll recognize you, Commissioner Reyes, I'll recognize you right after. Commissioner Carollo: Yeah, I don't want to lose track of where I'm heading with this. Commissioner Diaz de la Portilla: Yeah, train of thought. Commissioner Carollo: Ms. Roberts, if you could stay there for one second. Ms. Roberts: Yes, sir. Commissioner Carollo: Because I'll be coming right back to you. Mr. Manager -- Ms. Roberts: Okay. Commissioner Carollo: -- during the tenure, the approximately five -and -a -half months that Mr. Acevedo has been an employee of the City of Miami, you are aware that he hasn't been in the city of Miami in numerous times, correct? Mr. Noriega: Yes, sir. He has I think on a few occasions had to go back for trials or testimonies, I think, in terms of -- Commissioner Carollo: But not for us. Mr. Noriega: No, no, for (UNINTELLIGIBLE) -- Commissioner Carollo: For something that has to do with Commissioner Diaz de la Portilla: And it's more than a few. Commissioner Carollo: -- his problems. Commissioner Diaz de la Portilla: And it's more than a few. Commissioner Carollo: Yeah, well. Commissioner Diaz de la Portilla: It's more than a few. Commissioner Carollo: That's what I understand. I, for instance, I'm here seven days a week and I think Ms. Roberts would agree that none of us here makes more than, including benefits and salary, that not even a quarter of what Mr. Acevedo makes. But City of Miami Page 27 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 I'm going to tell you this, I put in a heck of a lot more hours than he does in this job. But my question to you, Mr. Manager, how has this worked when he takes off? Because I was told like the weekend before last he was in Houston at some, 1 don't know if it was a football game or what kind of sport activity. And then I heard something, he took off, he wasn't here that Friday before, I've heard different times he wasn't here. For instance, when we had the event sponsored by the City in Bayfront Park, Patria y Vida, (FOREIGN LANGUAGE) event, he didn't come back to the city until the night before, I understand. He was out. It was Assistant Chief Morales that worked from the police department side on the event. How does it work? Does he inform you when he's going to be out of town? Does he give you a record? How is that kept? Commissioner Diaz de la Portilla: Mr. Manager, -- Mr. Noriega: Yeah, he required to submit a leave request for times he's heading out. If he's going to be out of work. Commissioner Diaz de la Portilla: -- do you have that record? Mr. Noriega: Yeah, we should have those leave requests in his file. I've seen them. Commissioner Carollo: Okay, but for the record, he has taken time off since he's been here, correct? Mr. Noriega: Yes, sir. Commissioner Carollo: Okay, Ms. Roberts, can you come back now, please? Thank you. What does the record show, Ms. Roberts, on times that Mr. Acevedo has taken off? Whether vacation, sick, you know, any of the forms that you have we're talking about. Ms. Roberts: Currently in the Oracle system it does not show him as taking any vacation or any sick time. Commissioner Carollo: Okay. And that would be the only way the City would know in the future, or in the present, correct? Ms. Roberts: Yes, sir. Commissioner Carollo: At the end, for pay -outs or for anything. Ms. Roberts: Yes, sir. Commissioner Carollo: And I'm not even sure what his contract states, but I would imagine that he could take some sick time, vacation time, like any police chief or department director like that could do, any time they leave the city in the future. Ms. Roberts: Correct. His benefit package he gets 20 days per year with a maximum of 15 days to be taken consecutively. Commissioner Carollo: Right, but my question is not that. My question is how many of those days that if he's here for x-amount of time and he doesn't use those days, how many of those does it carry over? Commissioner Diaz de la Portilla: And is it logged, right? Ms. Roberts: I'm sorry? City of Miami Page 28 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: Is it logged? I mean is there like a log of days that he takes off? I would think the City would follow up, right, if somebody takes or somebody goes to Houston or wherever, that he's not there that Friday or that Saturday or that Monday. You don't have a record of that? Or he has not submitted a form? Ms. Roberts: Correct. He would have to -- Commissioner Diaz de la Portilla: He has not submitted the form. Ms. Roberts: Yes, sir. He would have to submit a form. The normal procedure, he would have to submit a form to his payroll staff. The payroll staff would then input it into the Oracle system. And once they input into the Oracle system, then the Oracle system would show on the vacation accrual page how many days he's taken. And then the same for sick. Now sick you don't necessarily have to fill out a form, sick you can call in because it is for medical purposes. And the same thing, payroll would enter it and it would show on the Oracle page, sick page. Commissioner Carollo: But again, going back to my original question, does he have it in his contract, if it is a contract that was given to him, or, is there anything that's standard procedure for department directors in his category or is it mute that once an individual leaves employment with the City that unused, or what percent of unused sick hours, vacation hours, leave hours, they can take with them? Ms. Roberts: So, normally for an employee they would get paid their sick leave. I'm just giving you a general. And depending on their number of years here they -- I'm sorry -- they would get paid their vacation years [sic] and then depending on a number of years here they could get paid sick. Now as far as it concerns the Chief -- Commissioner Carollo: I'm saying to take with him. If whatever time in the future he decides to leave service, what provisions are there that if he's got unused time -- Ms. Roberts: Got you. Commissioner Carollo: -- that he could cash in on it? Ms. Roberts: His package does not, his package does not dictate -- oh, I'm sorry -- upon separation the chief of police shall receive payment of any unused vacation and sick leave. That's why I was pausing; I was looking for that. Commissioner Carollo: I thought so. Now, so 1/ it would be one of us the Chief would be asking the Justice Department to come in, the FBI,, the Pentagon, -- Commissioner Diaz de la Portilla: KGB. Commissioner Carollo: -- National Security Agency to come in -- Commissioner Diaz de la Portilla: KGB. Commissioner Carollo: -- and be investigated. And for us to be arrested for obstruction. Mr. Manager, you have heard what your director of employment in the City has stated. Now, this is part of the problem that we've been having with Mr. Acevedo. Thank God this ain't Texas, it's Miami, and we don't get intimidated that easily in Miami. We've gone through too much in this city. We're not perfect by far in Miami, our police department is not perfect by far. But as I stated before, any one of our assistant police chiefs that he'd like to push them all out, either himself or to make it impossible so they leave, like some are thinking of doing already, would have made City of Miami Page 29 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 a better police chief than Mr. Acevedo. This is a prime example of do as 1 say not as 1 do. That he feels that he can do whatever he pleases. That he's not accountable to anyone. Not accountable to the City Manager, not accountable to the residents of Miami, not accountable, period. If -- Commissioner Diaz de la Portilla: I think Commissioner Reyes, before you go on, Commissioner Carollo, I think Commissioner Reyes wanted to make a comment. And then I'll go back to you, Commissioner Carollo. Commissioner Carollo: Yeah, I'm sorry. Commissioner Diaz de la Portilla: Yes, sir? Commissioner Reyes: 1 just wanted to remind my fellow Commissioners which does not interfere with the line of questioning that Commissioner Carollo is having, which I think it is needed, but I would like Vicky to read what I was proposing, man. Commissioner Diaz de la Portilla: Well we're going to bring it up. Commissioner Reyes: No, we're going to bring it up but I want everybody, I mean we have left this up in the air, and I'm sorry for me to starting this, but then we can keep going on. The press already has. Commissioner Diaz de la Portilla: And by the way, 1 don't have an issue with that, Commissioner Carollo, if she could read it into the record. Commissioner Reyes: That's right, just read it. Commissioner Diaz de la Portilla: We're not going to open public comment -- Commissioner Reyes: Because it goes directly, directly -- Commissioner Diaz de la Portilla: Hold on. We're going to allow, we're going to allow -- Commissioner Reyes: Hold on a second. Commissioner Diaz de la Portilla: Hold on. Just give me one second. We're going to allow the line of questioning that has to take place. Everybody knows that. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: From Commissioner Carollo, from you, from Commissioner Watson. And the Manager has -- is going to give us his opinion along the way, right? Commissioner Reyes: And I -- Commissioner Diaz de la Portilla: But if you want me to bring it up, I'll bring it up. Is that okay with you Commissioner Carollo? And then we won't open public comment yet. Commissioner Reyes: Okay, just listen, listen. Just in the spirit that -- Commissioner Diaz de la Portilla: Just remember that -- Commissioner Reyes: -- I think that -- City of Miami Page 30 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: -- there are people (UNINTELLIGIBLE) -- Commissioner Reyes: -- not everybody wants to hear it, but maybe the public wants to hear it. Commissioner Diaz de la Portilla: Just remember that some people like to divide and conquer. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And we're not going to allow that to happen today. Commissioner Reyes: Oh no, no, no, no, no, no, no. Commissioner Diaz de la Portilla: That's going to happen here, right? Commissioner Reyes: No, that's not going to happen. That's not going to happen. Commissioner Diaz de la Portilla: It's an old tactic that some people use, -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- people that are not from here in particular, those -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: So what I would like to do is go ahead and read into the record so we have it, but not make -- Commissioner Reyes: We're not going to argue, we don't have to comment, nothing, I mean make any comments on it -- Commissioner Diaz de la Portilla: Right, I know. So let's go ahead, Madam City Attorney -- Commissioner Reyes: -- but I just want it. Because it could be a starting point. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: A starting point for what we should do. Commissioner Diaz de la Portilla: Madam Attorney, you're recognized, ma'am. [Later...] Commissioner Carollo: Having had Angela Roberts state to us that Mr. Acevedo has in his official record put no time -offs, the Manager stated the same that -- well, what the Manager actually stated was that there were times that he knows for a fact that the chief was not here in the city of Miami. And the one reason, the one time that you mentioned, that was his private dealings in Houston. It's got nothing to do with us whatsoever. So residents of Miami should not be paying for whatever's going on in Houston and his problems in Houston that he left. But, what I will say in this before I move forward is that if any police officer would have done this, any police officer, would not have filled in the proper information that had to be filled out for time of f and Mr. Acevedo would have had that, he would have fired them. Unless they were part of his A -team, the Acevedo team, like Javier Ortiz and a few other rogue cops. City of Miami Page 31 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Now let's move on from there. Mr. Manager, with all due respect, and 1 mean that, can you tell us to the best of your ability what was the vetting, the investigation that you did on Mr. Acevedo before he was hired and before he was brought to the City of Miami. And I'm saving that because I truly feel that there's a lot that you didn't know before you made that decision. Art Noriega (City Manager): So, to the extent that he was vetted, how the Chief was actually introduced as a candidate was through a conversation I had with the Mayor. The Mayor obviously has resources at the U.S. Conference of Mayors -- Commissioner Carollo: Sure. Mr. Noriega: -- and a lot of contacts there. Commissioner Carollo: Yeah. Mr. Noriega: And it was kind of discussed. It knew who Chief Acevedo was, I'd seen him obviously on T. V. a number of times, but didn't have a personal relationship with him. There was discussion we were having relative to the pool of candidates and more particularly kind of keeping our ear to the ground on the idea of bringing somebody from the outside. Something you and I had talked about numerous occasions. Commissioner Carollo: That possibility. Mr. Noriega: Yeah, yeah. Commissioner Carollo: Even though I was very clear that I felt that we had two internal candidates that were part of the three candidates that you stated to us were the finalists. And I felt that two of those were extremely qualified to be our police chief. Mr. Noriega: So in continuing that conversation, so good, bad, or indifferent, right, his name came up. Obviously the Mayor has a relationship with the current Mayor in Houston. He connected us, the Mayor spoke to him, I spoke to him, and he had nothing but positive things to say about the Chief in particular. Obviously he'd been a sitting Chief there for almost five years. And obviously had had a history in Austin as nine years as police chief and left Austin to take the Houston job. Did we do an in depth vetting of him? No. We took his, his, you know, -- Commissioner Dial, de la Portilla: Word? Mr. Noriega: -- status -- no, not his word per se, but his status as a chief and the people that he worked with and for directly. Mayor Turner being an example of that. And so, you know, at some point it really came down to whether or not he was qualified for the job, per se, just on his professional background. We felt he was. We felt he was somebody that could come in from the outside and really effect change. Because we all felt like there was some change required and some change necessary. I think where we're at today in particular is a function of the style and the manner of which that change is effectuating, right? And a lot of what's boiled to this point is a function of the approach from the Chief and how that has created a lot of adversity for him with this elected body and certainly with some within the department. And so I think it's entirely more a style issue than an issue of qualifications. Whatever concerns you're going to bring up, Commissioner Carollo, certainly I wasn't aware of So, you know, that's on me if there is anything there that's damning. Commissioner Carollo: Well -- City of Miami Page 32 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: But to -- Vice Chair Carollo: -- we're going to go one by one. Commissioner Diaz de la Portilla: -- but to mischaracterize it as a question of style, I think everybody in their right mind understands the style really stinks, right? We got there already, right? The style is not good. I think it's also a question of substance and I think that's important. And I think for you to dismiss it as style is not correct. Mr. Noriega: No, what 1 said -- Commissioner Diaz de la Portilla: And I don't think you think that. Mr. Noriega: No. Commissioner Diaz de la Portilla: That you and I have had a number of private conversations. So if you could be more clear on that. We've had private conversations on this over the last three or four days. It's not a question only of style, right? Mr. Noriega: Oh no, its style, it's approach, it's a lot of issues relative to, you know, the manner in which change is effectuated. Right? His style differs from mine. That's not anything that certainly is problematic, per se, because we each have our own management style. Mine is different from his. I tend to be a lot more low-key and a little more methodical in the way I do things. He takes a different tact. You know, ultimately he's been on the job five months, a little over five months, and we're at a point where we are at now and clearly, you know, the issuance of this memo, the creation of this meeting, speaks to the fact that we have certainly, ventured into an area that is highly problematic. Because if anybody from the Administration is in a position where they're in conflict with our elected officials to that level that this has gotten. I won't speak to the accusations in the memo because there are accusations that relate to criminal investigation or investigations, -- Commissioner Diaz de la Portilla: Sure. Mr. Noriega: -- so I'm not going to speak to that. But -- Commissioner Diaz de la Portilla: But, but, but, hold on a second. And I'm going to recognize you, Commissioner Reyes. Hold on a second. It's not right that you characterize this as a battle between a police chief and three elected officials or four or five. That's not the way to characterize this. That's not what's happening here. In his own department, the rank and file, his own members, they did a poll, right? I mean I'm not saying anything improper, am I, Madam Attorney? There's' a poll, right, that they did. And so the problem, his conflict is with his own department. He's trying to re/raw that debate to pretend it's political in nature. After all the gaps and missteps that he's done here in five months, I've never seen anybody make so many mistakes in such a short period of time. And he's not even a politician, right? Right? Well he thinks he is but he's not, right? So at the end of the day, you know, I don't think it's proper for us to allow, Manager, for you to frame it as us versus him, because that's not what's happening here. Mr. Noriega: That's not what 1 said. Commissioner Diaz de la Portilla: Well what you said is, -- Mr. Noriega: No. Commissioner Diaz de la Portilla: -- you said it four times. City of Miami Page 33 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Mr. Noriega: That's not what -- Commissioner Diaz de la Portilla: You said with elected officials. His problem is with his own department. His own department. Mr. Noriega: It's a combination of things, correct. Commissioner Diaz de la Portilla: Correct. Mr. Noriega: I started with that because that's the forum we're discussing now. It's the three, four of you here now, right, that called the meeting, -- Commissioner Diaz de la Portilla: Because he issued -- Mr. Noriega: -- particularly Commissioner Carollo. Commissioner Diaz de la Portilla: -- a memo to try to refrain and shift the focus into something else. And the memo, I could say this, right, Madam Attorney? Full of lies, as you know, to try to shift the focus. We all know what the problem is. You know, he's a square peg in a round hole in Miami. And he doesn't even fit in with his own department. So how can you be a department head, right, and the people you're heading or you're leading don't like you? I have not met one single police officer, and I've had many conversations and I'd love to say it publicly because everything I do is public, that tells me -- other than the four or five people that hang around with him -- tell me anything positive about him. He's lowering morale tremendously. People feel unsafe, they can't do their jobs, there's a contract that's pending. There's a whole bunch of things that are happening, right? And we have to protect our police department and our police officers who risk their lives every day for us. And not chastise them. Not attack them. Not crucify them without due process. So that's his problem, is with them, not with us. Our job is to protect them. And to protect the department and to protect our city. So that's the only objection I have to the comment that you made. You said it four times, with certain elected officials, with certain elected officials. That's not the case here. That's what he wants. That's what he wants these guys back here to believe. Mr. Noriega: But, Commissioner, -- Commissioner Diaz de la Portilla: Hold on, hold on. That's what he wants the press to believe. That he is a great reformer that came to reform and get rid of the Cuban Mafia, right? To get rid of the bad guys. Because we're all the corrupt ones, right, and he's the great reformer. And the police department is all corrupt. He's going to clean it up. He's going to whatever the heck he wants to do, without any due process, without any conversations, without a debate. He comes in and he says, hey, I'm the great guy, I'm the last -- not White hope -- the last Cuban hope that conies to Miami. And then we're supposed to take the hit? I'm not going to allow that to happen. He's not going to reframe that debate the way he wants to reframe it. He's not going to redefine the debate. Because the debate's very, obvious. And the conclusion, we all know where this is going at the end of the day. How it gets there is a di_fj"erent conversation. I'm going to ask you that a little bit later. Right? I could ask that? I can ask his opinion as city manager how we get where we need, eventually. We all know where we're going to get, right? I think. I think. I think. Commissioner Reyes, you're recognized. Victoria Mendez (City Attorney): At the end of the day, I just wanted to clarify this memo that addresses inquiry. This Commission did inquiry with regard to status of an investigation not interfered with an investigation. City of Miami Page 34 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: Yes. Okay. Ms. Mendez: Second, the Commission is able to address budgetary issues. And lastly, and more importantly, that the Charter allows for the Commission to be able to give its opinion on matters. At the end of the day, all the things addressed in the memo are things that are allowed by Charter. It's just an interpretation of what the Chief felt was occurring. More than anything, it is not -- it is all allowed by Charter, you can inquire, you can set the budget. Thank you. Commissioner Diaz de la Portilla: I hate to use the word defund. We could also defund his position, right, the 458, 000, whatever the heck that is. Right? The $43 7, 548.00. Ms. Mendez: And allocate different monies -- Commissioner Diaz de la Portilla: That obscene amount of money. Right? Commissioner Carollo: And fifty cents. Ms. Mendez: Right. And then you can allocate other police -- Commissioner Diaz de la Portilla: Commissioner Reyes, you're recognized, sir. I'm sorry. 1 apologize. Commissioner Reyes: That's right, and going back to the salary, I objected as I did object to the process that was by which was a lack of process by which this chief was chosen. And, Mr. City Manager, it is very simple, you see, you would have known everything that he had done in Houston. There's something called Google, you see? It is, I mean it is very helpful and I know all about him. Commissioner Carollo: You know Google? Commissioner Reyes: Yes, at my age I learned. At nay age, I am honest, I am technologically challenged, but I know how to use Google, okay? I Googled it and I told you about this. And he was painted as the Tom Brady, grand slam, you see? Commissioner Diaz de la Portilla: All the sports analogies, right? Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Except no one said, who? Demarcus Russell. Right? You know who that is, right? Because you're a football fan. Mr. Noriega: Most everybody in here is not going to know who you're talking about. Commissioner Reyes: I know, but you do. Mr. Noriega: I do, I do. Commissioner Reyes: But I did know, the thing is that we cannot do this again. You see? We cannot. I mean I objected and I talked to you about it and I told you this guy's a politician. And when I met with him in my office after it was praised and all of that and it was presented I told him, please, be a chief don't be a politician. Be a chief Commissioner Diaz de la Portilla: Well he's not a politician. City of Miami Page 35 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Reyes: He is a politician. Commissioner Diaz de la Portilla: And if he's a politician he's a really bad one. Commissioner Reyes: That's right. But we knew, I mean I knew that he was a constant host -- not host -- I mean he was invited constantly on CNN (Cable News Network). He was very opinionated about our governor. He was very opinionated about anything, our judges and all of that. You know that. And I told you about it. And I said this gentleman, this gentleman shouldn't have been picked without properly being vetted. And we didn't vet it. Why? And that's why I'm including here a full investigation of why? Why? Because we had a system, we had a process that it was agreed by the Commission, by you, and the Mayor. We had a committee that I mean spent many, many hours interviewing and vetting the applicants. And made a recommendation. Why didn't you pick any one of them? Why would we have to go and pick somebody that didn't apply, wasn't interviewed? That committee was totally disrespected. And that's why I think, I mean that's why I presented the resolution to bring and to codify the process of selecting the police chief and the fire chief to take politics out of it. Okay? And it was, I mean veto. But you should have, I mean you or somebody else should have used at least Google. You see? I mean I know, knowing Commissioner Carollo, I know that Carollo knows more about him than he himself. You see? Because I know that he does his homework. And he would have vet him. I mean it is incredible that this happened. And then we are here in this predicament now and in this position unnecessarily. If things would have been done the way they should have been done. You see? Commissioner Diaz de la Portilla: In all fairness, the reason why you create a process -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- is for that reason. So that everything's fully vetted and you get to the point where you have, you know, a number of candidates -- thirty something we had in this case -- you know, semi-finalists, finalists, additional interviews. That's why you have a process, so you can vet -- so you can vet and you can air these things out in a public setting, right? And, Manager, there's something I criticized the day you called me. I said when you bypass that process, and maybe you bypassed it because, you know, you got some good advice or maybe it was a Toni Brady in your mind at the time. And everybody makes mistakes, by the way, you're not the first one to make a mistake. We all make mistakes, okay? Sometimes it's good to own that mistake and say, you know what, I made a mistake. Move on, right, and correct the problem. Because we have to correct the problem. We can no longer continue with this. And I'm not directing you to do anything, you've got to go through your normal process. Stop texting me, Madam Attorney. don't worry, it's all public, we're good to go. And so I'm going to recognize Commissioner Carollo. Commissioner Carollo: Thank you. Mr. Manager, I'm trying to start because I have a lot that I want to put into the record, on the first phase. We're probably going to have to take a break for the second. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: It's a lot more. Mr. Manager, again, I don't want to put you in an uncomfortable position, but it is suffice to say I think that from your statements that -- and you tell me if you agree with it or not -- that whatever vetting investigations you did were limited. Mr. Noriega: Correct. City of Miami Page 36 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Okay. We're in agreement about that then. Now, into what you stated, style instead of qualifications. You do agree that qualifications include many things, not just how many years you've been in law enforcement, but also what you did in law enforcement. And it also includes areas, and morals, and things of that nature. Would you agree, in qualifications? Mr. Noriega: Yes, sir. Commissioner Carollo: Okay. All right, having said that what I'm going to do, I'm going to start reading. For the first time, for the first time you all are going to see me with glasses. Because I'll admit my eyes are not what they used to be even though 1 can still read pretty good. Commissioner Reyes: That's age. Commissioner Carollo: But there's going to be quite a bit of reading that I'll be doing and I want to make sure that I look at the print as big as I can so that I can go as quickly as I possibly can and not miss anything because I was focused too hard and my eyes were hurting. So, if you don't mind I will put some glasses on. But I see out there a colleague that served honorably for many years. Commissioner Diaz de la Portilla: Commissioner Dunn. Commissioner Carollo: Well Commissioner Dunn is one. Commissioner Diaz de la Portilla: Yes. Oh, Commissioner Plummer, back there. Commissioner Carollo: We have two ex -Commissioners here. Commissioner Diaz de la Portilla: That's right. Commissioner Carollo: Plummer. Mr. Noriega: Where's Plummer at? Commissioner Diaz de la Portilla: He's over there. Commissioner Plummer. Commissioner Carollo: Commissioner Plummer was the -- Commissioner Diaz de la Portilla: My old friend, my old, old friend. Commissioner Carollo: Police Commissioner of the day. Commissioner Watson: Commissioner Plummer. Commissioner Carollo: What was it, Kojack? What was the nickname? Commissioner Diaz de la Portilla: I think I said this story before. He was the one that reported my car accident when I was coming from the University of Miami. He was riding behind me on US-1 and 16th Avenue. You were the one that called the police and radioed in to get the ambulance over there and take me to Jackson Hospital. I had a car accident. Commissioner Reyes: And if can add also to the stories. That the date that Emilio Million, there was that bomb -- Commissioner Diaz de la Portilla: The bomb, yeah. City of Miami Page 37 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Reyes: -- that attempted his life, he got there before Rescue. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: I mean I don't know, he was there before the Rescue. Commissioner Diaz de la Portilla: Maybe, maybe you should be our police chief How about that? Commissioner Reyes: Oh, he'd be a great police chief. Commissioner Carollo: It's good to see you here, J. L.1'm glad you're looking healthy. I'm very happy to see you here. And you too, Commissioner Dunn. So let me begin. Commissioner Diaz de la Portilla: Before you begin, Commissioner; I know because you have a long list, I've heard, the little bird told me it's a long list of questions, I got it. I see the file, I'm looking at it right from here. But I think, Commissioner, and perhaps not to open public comment but maybe as a deference to our former Commissioner, he had called and he wanted to make a few comments. Can we allow him to do that? Commissioner Dunn, you come up quickly, just say what you need to say because 1 know you have to go somewhere. I think you have a meeting this afternoon and 1 don't want to keep you. We're going to break for lunch in a little while so I don't want to keep you here all day. If we can, if you allow me, Commissioners. [Later...] Commissioner Carollo: I recognize that fact that you gave a professional courtesy to a former member of this commission. And I have no objections to that. Commissioner Diaz de la Portilla: Thank you, sir. Commissioner Carollo: But I would respectfully request that you limit it to that, because if not -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: -- we're going to be here until tomorrow. Commissioner Diaz de la Portilla: You're recognized for your line of questioning, sir. And you tell me when you want a break. You're going to get hungry before I do. Commissioner Carollo: Well, I want to see ifI could go through this; if we could get through it. Commissioner Diaz de la Portilla: And you're recognized, sir. Yes sir. Commissioner Carollo: See how far before I get into Miami. Commissioner Diaz de la Portilla: Yes, sir. You're recognized. Commissioner Carollo: Again, I'm doing this so that the Manager can tell me what he knew, what he didn't know. At the same time, I want to show that a lot of what he's saying now, is happening now, is a repeat of other places. So, let me begin. And let me be clear, yesterday was the only day, truly, that I spent a tremendous amount of time, until past 2: 30 in the morning, going over a lot of stuff that had been sent to me. Previously a. few things that were sent I just glanced over it, because I don't have the City of Miami Page 38 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 luxury to have the time that Mr. Acevedo has for all these interviews and everything else, that he does. And flying all over the place and not being in our city where he's supposed to be at. But, before going on I do -- well, let me leave that for the Miami side. Let me start with this, okay? Here Pin going to start reading. And I apologize, as I said, that I'm going to have to do a lot of reading. Because I do want to get a lot of things on the record that I was sent. And find out from the Manager what he knew. This is something that I first looked at last night. I'm not sure when it was sent to my office. And it really kind of a collage of a lot of things that we were sent directly, information on. Let me begin. When Art Acevedo was an officer with the California Highway Patrol, a woman with who he had a months long affair sued him in federal court for five million dollars, claiming, according to the Los Angeles Times, that Art kept sexually explicit Polaroid photographs in the glovebox of his state issued car and showed them to his law enforcement buddies. Acevedo acknowledged that he took the photographs but said that he gave them back to the woman after the affair ended. Acevedo said that a colleague in the California Highway Patrol accidentally saw the photographs in the glovebox ofAcevedo's personal vehicle. The woman and Acevedo reach a settlement but the details are confidential. Three sexual assault survivors sued Acevedo for denying female victims of sexual assault in Austin, in Travis County, the right to equal access to justice and equal protection of the law. The women said that they have been failed by the people sworn to protect them and that government officials like Acevedo have instead disbelieved, dismissed, and denigrated female victims of sexual assault. Failed to have DIVA (deoxyribonucleic acid) evidence tested for years at a time. Refused to investigate or prosecute cases of sexual assault against female survivors. And particularly the lawsuit alleges that Acevedo allowed a massive backlog of untested rape kits to pile up during his tenure which ballooned to 2,700 by the time he left Austin to become the Houston Police Chief in 2016. Tolerated a toxic culture of women allowing a wall in the departments -- this is Austin, Texas -- Sexual Assault Unit in which numerous pictures of female victims were posted. Each one representing a false report that officers had unilaterally determined had no merit. Officers posted pictures of these debunked female accusers on the wall as a matter of pride, as trophies of their investigations. Participated in the toxic culture by, for example, referring to allegations of sexual assault between police officers on his force as bad sex or something the female officer just regretted after the fact despite evidence demonstrating injury to the female officer. During the last years of Acevedo's' tenure, the Austin Police Department made 132 arrests for rape despite at least 747 reported rape cases that year. The department claimed that it cleared another 256 cases by what they call exceptional clearances. However, an investigation showed that the department systematically misclassified cases as cleared by exceptional means. A leading expert on police investigations of sexual assault cases told ProPublica that classifying rape cases in this way was misleading at best and duplicitous at worst. The sergeant who supervised the Sex Crime Unit during Acevedo's tenure said that she felt pressure. from the department's' leadership to clear more cases by using the exceptional circumstances designation. This practice is harmful because in the sergeant's own words, it gives a false sense to the community that this case has been thoroughly investigated and closed. It's not. Two Austin police officers accidentally recorded themselves whistling at a woman who was walking past them. The officers can be heard saying on the recording, go ahead and call the cops, they can't unrape you. Both officers started laughing and one officer says again, they can't unrape you. Acevedo gave the men a slap on the wrist and allowed them to remain employed as Austin police officers. Less than a year later, one of the officers from the recording was involved in another caught -on -camera disgrace for what local news describes as belittling a homeless woman in a wheelchair. The officer can be heard saying I don't give a shit, I want you to get this stuff out of here, referring to the woman's belongings. The woman said, please, sir, and I'm sorry. And again, please, sir, I'm trying to be honest with you. The officer responded, and I am being honest with you. I'nt being brutally honest with you. I am not liking what I'm seeing under these overpasses. Acevedo called the behavior rude and unprofessional but proceeded City of Miami Page 39 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 to give the officer another slap on the wrist. As recently as 2011, the Houston Police Department solved 89 percent of the murders that happened in that city. That was before Acevedo came to town in 2011. An investigative report in the Houston Chronicle from 2020, the last full year Acevedo served as Chief of the Houston Police Department, found that the murder clearance had plummeted to 49 percent -- that's from the 89 before, in 2011 -- in fact the murder clearance rate under Acevedo was lower each and every year that he served as Police Chief in Houston than in any of the six years that preceded his arrival. An internal audit revealed that members of Acevedo's staff blamed him for making policy decisions that reduced the overall numbers of homicide detectives. Asked to comment on the Houston Police Department's declining murder solve rate under Acevedo's leadership, a leading national expert on clearance rates told the Chronicle -- that's the Houston Chronicle - - those levels are low by almost any standards. Acevedo was the subject of numerous disciplinary memorandums from the City of Austin. Here are some illustrative snippets. In a 2011 memo from the Austin City Manager, with the subject line Management Improvement, the City Manager raised with Chief Acevedo operational and judgment concerns. I expect you to improve before further chastising the chief. I expect you to exercise proper judgment. Art Acevedo was reprimanded again in 2013 for threatening to launch a baseless Internal Affairs investigation into the husband of a defense lawyer who was a -- whose husband was an officer in Acevedo's force. The 2013 memo from the City Attorney called Acevedo's behavior inappropriate and unacceptable. And directed him to apologize in person and in writing. In 2016, a memo from Austin City Manager informed Acevedo that the City had formally reprimanded him and docked him five days of pay for inappropriate public comments following the killing of an unarmed naked teenager by the Austin Police -- by an Austin police officer. The City Manager wrote, this matter again concerns me with your lack of judgment and your failure to follow my directives in this matter. The City Manager continued, I want to make clear that future misconduct or showing further poor judgment in the performance of your duties will lead to additional personnel action up to and including termination. An internal investigation to Acevedo's behavior memorialized in the memo found that Acevedo committed the offense of insubordination says the City Manager. Echoed that he exhibited poor judgment and recommended that the chief be made aware of the perception by staff that retaliation by him is real. Acevedo had to apologize again after he made insensitive remarks against the following -- again, following the arrest of a young woman outside the University of Texas campus. The police handcuffed and arrested the young woman for disregarding traffic signals while she was dogging and then failing to provide the officers with identification. After a community uproar over the arrest which was captured on video, Acevedo held a press conference where he told reporters the young woman was luckily -- wasn't -- the young woman was lucky I wasn't the arresting officer because the officers had not charged her with resisting arrest. Explaining that I wouldn't have been as generous. Acevedo continued, in other cities there's cops who are actually committing sexual assaults on duty, so I thank God that this is what passes for a controversy in Austin, Texas. Murder, corruption, lies, sex, and perjury. The history the Houston Police Department, and in particular the Houston Police Department's Narcotics Squad 15, plays out like a scene from Training Day. That's the opening line of a federal lawsuit filed against Acevedo, City of Houston, the county where Houston is at, during this tenure as Houston's Police Chief.' The lawsuits stem from a botched drug raid that left two people and their dog shot dead by a Houston police officer. In the immediate aftermath of the raid, Acevedo told the media that his team had heroically made the entry and that he was really proud of them. But a Washington Post investigation detailed the inconsistencies between Acevedo's version of events and video and documentary evidence provided by neighbors and independent investigators. Most damningly, gunshots can be heard on a recording captured outside of the home a full 30 minutes after Acevedo said the raid had ended. The officers also said that the shots were.fired inside the home, but investigators, found that the woman was killed by a bullet that was. fired outside of the City of Miami Page 40 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 home casting further doubts on the officers' claims. Nonetheless, even six months after the raid Acevedo continued to praise Squad 15 saying of the officers who killed the family, 1 still think they're heroes. And they are heroes, even describing the officers as victims. Well, let me go into more specifically the areas that 1 covered here. Commissioner Diaz de la Portilla: I'm sorry. Who said that? Grant Stern: May I address the Chair? Commissioner Diaz de la Portilla: No. 1'll let you lmow when. Please sit down, sir. We're going to allow all public input, that's what we do here, but not yet. The Commissioners now have the floor. And then I'll recognize you, sir, to make your comments. Okay? Thank you, sir. Commissioner Carollo: The input as we stated in the beginning, Chairman, is going to be on the subject, or subjects, that we will be voting upon. Okay? Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: Let me go with a memorandum of April 29, 2004, by M. Nivens, Assistant Commissioner, from the Department of California Highway Patrol, And it's to Assistant Chief H.A. Acevedo. It says on March 15, 2004 the department received an anonymous letter dated March 10, 2004, in which numerous allegations of misconduct by you were alleged. Due to the severity of the allegations, and your senior position within the department, an internal investigation was initiated. Numerous interviews were completed and a thorough review of the available facts has been made. A summary of the principle allegations and the pursuant f ndings are specified below. You're going to have to excuse me because some of the lines here are very blurry. You miss -- can we keep it quiet back there, Chair, so that we can -- Commissioner Diaz de la Portilla: Yes, sir, I already told Sergeant make sure everybody, remains quiet until they're recognized. Thank you. I only see one Sergeant back there. Mr. Quintero. I don't know where the other ones are. There you are, sir, I'm sorry, I'm sorry. Go ahead. Commissioner Carollo: You misused your assigned state vehicle by driving after consuming alcoholic beverages. No evidence was uncovered to support this allegation. You sexually harassed numerous female employees including unwanted touching, leering, and using your rank and/or position to gain sexual advantage. These were allegations lodged at him from what I'm reading. With a single exception, the personnel file, the investigation led us to contact, denied any direct or indirect knowledge of such misconduct on your part. The sole female employee who did allege that you leered at her and made unwanted entries to engage in a personal relationship had previously filed an official complaint in 2000. The matter was investigated and you were exonerated. Nonetheless, this female employee still maintains that the harassment did take place. Additionally, this investigation determined that in 1989, while performing as a field training officer; FTO, in the East Los Angeles area, you engaged in a personal intimate relationship with a female employee who had been assigned as your officer trainee. However, there is no evidence of and the involving employee did not claim, any coerce or undue influence on your part. The matter of coercion aside, your willingness to become intimate while acting as the employees de facto supervisor demonstrates a fundamental failure to understand the most basic tenets of a superior subordinate relationship. Indeed, you violated a fundamental trust the department placed in you as a field training officer to remain objective and ensure your interactions with a trainee are above reproach. Although the department's precluded from taking any punitive action against you due to the statutory restrictions, Government Code Statute 19635, had management City of Miami Page 41 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 become aware of your actions at the time, adverse actions would have been sought. While involved in a personal relationship with a subordinate female departmental employee, you took sexually explicit photographs of her. You then showed the photographs to other departmental employees. The preponderance of the evidence demonstrated that you did. And remember that word preponderance. I think you heard it from him on some other matters. I wonder if this is where you remember it from. But it says the preponderance of the evidence demonstrates that you did in fact have in your possession such pictures and the photographs were shown either purposely or inadvertently to at least one supervisor and managerial employee. This is based on your admission and/or the statements of the other parties involved. The existence of the pictures is not the department's concern, but once other employees had seen or become aware of them, a nexus to your employment was created. The provisions of Statute 19635, again, preclude the department from initiating adverse actions against you for this misconduct. Those are, from what Pin reading here, 1 believe statute of limitations expired. This investigation also show that knowledge of the existence of the pictures and the fact that other employees have seen them has not been confined to just those with direct involvement. This specifically, includes several supervisors and managers within the department who have subsequently become aware of what occurred. Your actions and the resulting consequence have damaged the department's' reputation. As part of this investigation, you were administratively interrogated on March 19, 2004. Your accounting of the pertinent events contain several inconsistencies from those of other employees as well as contradictions with known facts. In addition, your actions indicate a pattern of poor judgment with regards to personal relationships you have engaged in with female departmental personnel. Such behavior is intolerable for any employee, but is even more detrimental in credibility damaging when committed by a supervisory, managerial, and command level personnel. You are hereby directed to refrain from such conduct in the future and to comport yourself in a manner befitting the senior leadership position you held. Be advised that should you desire, Governmental Code 3306 allows you 30 days in which to file a written response to this memorandum. Such a response of any will be attached to the memorandum and accompanying copies. Signed by an M. Nivens, Assistant Commissioner. Mr. Manager, were -- did you investigate or were you aware of any of what went on here that I just read? Art Noriega (City Manager): No, sir. Commissioner Carollo: Okay. Thank you. Let me go on because there's more, a lot more. I hope somebody likes my new look. Okay, this is another memorandum, April 29, 2004. It's from the same assistant commissioner, M.J. Nivens, of the Department of California Highway Patrol, and it's to a Captain of the California Highway Patrol. That it says, the department recently concluded the internal personal investigation as part of which you were administratively interrogated on March 18th, 2004. Although you were not the focus of the investigation, a subsequent analysis of your actions show that in several instances you demonstrated poor judgment and an apparent lack of understanding for applicable departmental policy. This memorandum is intended to address those concerns. In 1996 or approximately thereof while off -duty, with Assistant Chief (then Sergeant) H.A. Acevedo, you viewed a series of sexually explicit photographs of a nude female that were in his possession. Although you did not immediately recognize the subject of the photographs, you later positively identified the employee as an officer with this department. At the time you viewed the photographs you were a first line supervisor with the rank of Sergeant. You have subsequently shared the details of the above described event with other departmental employees. Your judgment in this instance was poor and in direct violation of departmental policy. It says in addition your actions and the resulting consequence have damaged the department's reputation. Your conduct was unacceptable and will not be tolerated by this department. And he goes on and on. And it's signed by M.J. Nivens, Assistant Commissioner, Department of California Highway Patrol. This is City of Miami Page 42 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 another memo dated April 29th, 2004, to another Captain of the California Highway Patrol. It says the department recently concluded an internal personal investigation as part of which you were administratively interrogated on March 17th and 26th, 2004. Although you were not the focus of the investigation, a subsequent analysis of your actions show that in several instances you demonstrated poor judgment and an apparent lack of understanding for applicable departmental policy. This memorandum is intended to address those concerns. And it basically says the same thing as the other Captain that was reprimanded. In late 1997, or approximately therein, while on duty at Southern Division you were shown a series of sexually explicit photographs of a nude female by Assistant Chief (then Sergeant) H.A. Acevedo. Assistant Chief Acevedo has been storing the photographs in his assigned state vehicle. Although you did not immediately recognize the subject of the photographs, Assistant Chief Acevedo identified her as an officer assigned in a neighboring division. You were later able to positively identify the subordinate employee. At the time you were shown the photographs, you were a manager with the rank of Lieutenant. And it goes on and on in the reprimand. And it's signed by M.J. Nivens, Assistant Commissioner. I will now -- this is a lawsuit filed August 16, 2005, by the victim, I will not say her name, against the Department of California Highway Patrol, a division of the Business, Transportation, and Housing Agency in the State of California, defendant -- and it also was part of another federal lawsuit against Defendant, Hubert Arturo Acevedo. And she claims in the lawsuit basically everything that you've heard already, that the California Highway Patrol found Mr. Acevedo in wrongdoing along with two present Captains at the time. Commissioner Diaz de la Portilla: Commissioner, Pm going to let you finish your line. Commissioner Carollo: Well have a lot more. Commissioner Diaz de la Portilla: I know, but we've got to break for lunch at some point. So you go ahead and finish your line, this particular, I think you have like four or five lines is what see in your file there. You want to wait a little while or you want to break for lunch? Commissioner Carollo: I'd like to go on a little longer -- Commissioner Diaz de la Portilla: Okay, that's fine. Commissioner Carollo: -- before we go. This is -- Commissioner Diaz de la Portilla: I know. Commissioner Carollo: -- a lot here. Commissioner Diaz de la Portilla: We'll be here the whole day. I have no problem with that. I just want to know if we break for lunch now or you want to finish that line of reasoning and then we get back to it? What do you want to do? What's your pleasure? Commissioner Carollo: Commissioner Watson, would you like to break now and come back? Commissioner Diaz de la Portilla: And do like a short break, like an hour -and -a -half max? Commissioner Carollo: Yeah. City of Miami Page 43 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Watson: (INAUDIBLE). Commissioner Diaz de la Portilla: Right, so we don't drag it out. An hour -and -a -half for lunch and we come back? Commissioner Carollo: I want to be clear that 1 have several hours here -- Commissioner Diaz de la Portilla: Yes, sir. That's fine. Commissioner Carollo: -- of information that 1 will be going through. Several hours. Commissioner Diaz de la Portilla: Break now? Commissioner Watson: Yeah, yeah. Commissioner Diaz de la Portilla: So it's 1:00, almost 1:00, so we're break until 2:30? Commissioner Carollo: That's fine. Commissioner Diaz de la Portilla: We'll come back at 2:30 and then we'll open up for public comment, but after you finish your line of questioning or your exposition which is important. And, Commissioner, let me tell you, I'm going to allow you to make your entire case and we are going to make the entire case. Because with the allegations that came out of this memorandum that he pulled out of I don't know where, are serious allegations. So we have to address and get to the truth, right? The truth matters here. And I think it's important for us to give everybody the opportunity, not only the Commissioners, obviously, first and foremost because we're the ones that are the subject of the memo, but give the public also an opportunity to address and tell us what you think. Because we want you to know -- (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: No, no, I can't, I'm sorry. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Well, you know, it's the will of the Commission. Do you want to public -- it's whatever the Commission -- it's the will of the Commission. I understand but -- (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Commissioners, what do you want to do? Commissioner Carollo: Well let me just read one last part here that goes together with this so I can finish it. Commissioner Diaz de la Portilla: Okay. And then we're going to break and we're going to come back at 2:30. You guys go to lunch. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Well you guys -- Mr. Stern: Can I raise a point of order? The notice of meeting said that public comment would start at 11:30. You even corrected the City Attorney. City of Miami Page 44 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: Well you really can't raise any point of order to he honest with you, but that's a different point. Only we can raise point of order, it's parliamentary. Sony, it's just the way it works. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: You can have an objection if you want, but we're going to allow all public hearing, all public testimony, that's what we always do. That's what we do here. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: You realize it's an important debate, right? So it's not a question of me going back and forth with the audience here. It's important questions and the Commissioners have their opinions. So we're going to break. I'm sorry, go ahead, sir. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: I understand. I understand. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Commissioner, go ahead and finish and then we're going to take a lunch break for one -and -a -half hours and then we're going to come back -- for an hour -and -a -half -- and we're going to come back and maybe we'll do public comment. Commissioner Carollo: As part of the statement offacts in the lawsuit that was filed by the female California Highway Patrol officer against Mr. Acevedo and the statements offacts under Number 7, it says Plaintiff, her name has been blacked out, began working for the California Highway Patrol as an officer in 1991. Is currently employed by CHP, officer in the Inland Division. Among other things, Plaintiff has worked as a Field Patrol Officer and driven the highways of Santa Ana, East Los Angeles, Rancho Cucamonga and Riverside. From 1996 through at least 2001, Acevedo intentionally and/or recklessly showed, displayed and/or exhibited sexually explicit photographs of Plaintiff to various high-ranking California Highway Patrol officials, including, but not limited to, Captain (then Sergeant) -- it's' one of the ones that was' reprimanded -- and Captain (then Lieutenant) -- one of the ones that I previously read a memo that was being reprimanded. Some or all of the unauthorized exhibition of sexually explicit photographs of Plaintiff was done within the course and scope ofAcevedo's duties as a California Highway Patrol Officer on Defendant CHP premises, and during working hours. Acevedo is currently employed by CHP as a chief in the Los Angeles area. Upon information and belief Acevedo intentionally and/or recklessly, showed, displayed and/or exhibited sexually explicit photographs of Plaintiff And I'll leave that at that. Did you, again, know any of this, Mr. Manager, or did you vet any of this? Mr. Noriega: No, sir. Commissioner Carollo: Okay, thank you. Alright. Commissioner Diaz de la Portilla: Thank you, Commissioner. Commissioners, we're back at 2:30. Commissioner Reyes: Back at 2:30. City of Miami Page 45 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: Yes sir. [Later..] Commissioner Diaz de la Portilla: -- Special Commissioner meeting reconvened. Mr. Manager, is our City Attorney anywhere -- or nowhere to be found? Mr. Noriega: She doesn't -- doesn't -- Commissioner Diaz de la Portilla: Commissioner Carollo, you're recognized. Yes sir? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: We already called -- we're calling everyone -- well, not Commissioner Russell. We'11 wait sir, that's fine. I already told Clerk Hannon to get me Commissioner Watson. How long is he going to be? Todd B. Hannon (City Clerk): He should be out shortly. Commissioner Diaz de la Portilla: Okay. Is shortly like a specific time? Because normally -- Mr. Hannon: I'll go get him right now, sir. Commissioner Diaz de la Portilla: Thank you. I have a friend of nine that says I 'm on the way. What does that mean? I'm almost there. What does that mean? Thank you. Thank you, Abbott (phonetic). I'm on -- yeah, my staff, I'm on the way, (FOREIGN LANGUAGE). Hi, Commissioner. Commissioner Carollo, you 're recognized. Commissioner Carollo: Thank you very much. If I can for a minute, if -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: -- I could just take a second with the Manager. Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: Mr. Manager? Commissioner Diaz de la Portilla: We'll wait. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: I would hope a younger Robert Wagner, right? Commissioner Watson: Careful, they're still looking for his wife. Commissioner Diaz de la Portilla: Yeah. So, we had a quorum and now we no longer have a quorum. Let's wait for one more person and we'll have a quorum. Mr. Hannon: Commissioner Reyes is here. Commissioner Diaz de la Portilla: Oh, I'm sorry. Okay, Commissioner. Oh, he's talking to Commissioner Plummer. So we have a quorum. Commissioner Carollo, you're recognized, sir. City of Miami Page 46 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Okay. Okay, they've informed me that some presentations that I wanted, they got -- they need some time to put it up. But 1'll start reading once we have a quorum here. Commissioner Diaz de la Portilla: We do, sir, we have Commissioner Reyes is here. He's here. Commissioner Carollo: Okay, well he can sit. Commissioner Diaz de la Portilla: Well, we can wait. Commissioner Carollo: Commissioner Watson is not here. Commissioner Diaz de la Portilla: I mean I told you we're going to recognize you because you had a line of questioning and we want to continue that line. So we'll wait, I mean that's fine. Commissioner Carollo: Okay. I'm here for the day. Commissioner Diaz de la Portilla: Yeah, me too. (COMMENTS MADE OFF THE RECORD) Commissioner Carollo: Yes, it is. (COMMENTS MADE OFF THE RECORD) Commissioner Carollo: Yeah, you better be careful, you keep wearing that and -- Commissioner Watson: Don't sav it, don't say it. Commissioner Carollo: -- they might accuse you of being part of the Cuban you - know -what. Commissioner Diaz de la Portilla: Yeah the Cuban you -know -what. I like the cas look, by the way, the casual look, it's pretty good. Pretty good. Commissioner Carollo: We're almost cousins anyway, with your wife, you know, she's Puerto Rican. Commissioner Reyes: We are cousins. Commissioner Carollo: Yeah, let me begin where we left off. This is an article from the Houston Chronicle, June 26, 2018, that says a lawsuit claims City of Austin former Chief Art Acevedo failed to help rape victims. And it says the lawsuit argued women who were sexually assaulted in Travis County, in Austin, were failed by the people sworn to protect them and blasted government officials and actors who have instead disbelieved, dismissed, and denigrated female victims of sexual assault, failed to have DNA evidence tested for years at a time, and refused to investigate or prosecute cases of sexual assault against female survivors. The lawsuit named Acevedo for his tenure as to Capital's top cop between 2007 and 2016. The class action suit was filed on behalf of three women, each alleging some sort of malpractice or failure by the City and County in investigating or prosecuting perpetrators of sexual assault. Submitted as evidence in the lawsuit is the fact that more than 1,000 women in Travis County are victims of violent sexual crimes every year, but fewer than 10 cases of sexual assault are prosecuted annually. Similarly, between the summer of 2016 and summer of 2017 only one case of sexual assault against a male City of Miami Page 47 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 victim was prosecuted in trial in Travis County according to the lawsuit. In another section of the class action complaint, Acevedo's time as Austin Police Chief is mentioned specifically in reference to a wall within the law enforcement agency that had photos of persons who submitted false reports of sexual assault. Officers posted pictures of these debunked female accusers on the wall as a matter of pride as trophies of their investigations, the lawsuit reads. Meanwhile, the vast majority of the other 92 to 98 percent of reported cases in Travis County either languished or were never presented for prosecution. Let me go on. Have they been able to? Here's another one that's from November 17, 2016, from the Texas Scorecard. Disgraced Chief falls upward. The tendency of municipal bureaucrats to recycle disgraceful police chiefs from one city to another demonstrates why the powerful position should be elected. It says police chief-- and this is how it begins -- I read the headline. A police chief with a history of problems is being recycled from one cushy job to another according to city reports. Acevedo leaves the capital city as yet another milestone in his legacy of disgrace. He was pressured to leave California Highway Patrol in 2007 following a sexual harassment lawsuit from a woman who allegedly had an affair with him. Afterwards he was snatched up by the City of Austin and hired as Police Chief. Acevedo had been reprimanded several times for disobeying orders including having his pay docked for speaking out about ongoing investigation of two officers when told not to. In 2014, he exacerbated community relations for a tone deaf comment in which he defended his officers for slamming a 19 year old woman on the pavement for, jaywalking, saying the sexual abuse officers in other cities made his officers look good by comparison. Now, we'll jump here. It says despite his tendency to constantly put his foot in his mouth, Acevedo has not shied away from the public spotlight and frequently grandstands for liberal causes. Last year he testified against both open carry and campus carry. He caught flack for his comments on the latter in which he stated that he would be better -- it would be better -- let me go over that again. Boy. He caught flack for his comment of the latter in which is stated that it would be better for a sexual assault victim to undergo counseling following an incident than have the ability to defend one's self in the first place. And it ends by saying after additional paragraphs, Acevedo's' unpopularity with his community and history of controversy merely demonstrate why such a powerful position should be subject to the will of the voters, not the whim of municipal bureaucrats. That's the opinion of the writer of this article for the Texas Scorecard. Mr. Manager, were you aware of this lawsuit filed in the City of Austin, Texas, that Chief Acevedo was named in when he was the police chief? Mr. Noriega: No, sir. Commissioner Carollo: Were you aware of the statement that he allegedly made that he stated that it would be, allegedly stated, that it would be better for a sexual assault victim to undergo counseling following an incident than to have the ability to defend one's self in the first place? Mr. Noriega: No, sir, I wasn't. Commissioner Carollo: Okay. Next, this is from the Austin Chronicle. Let's get the correct date on it. It's from July 1, 2008. The Austin Chronicle has as a headline Acevedo stumbles. The firing of Larry Oliver suggested the Chiefs standards need some work. And it begins by saying his termination of Austin Police Department Commander Larry Oliver, the subject of a curious civil service hearing last week, Austin Police Department Chief Art Acevedo appears to have made his first serious disciplinary misstep. And it goes on in the story. It says in one part, it's one of the strangest cases I ever had, he said. This is an individual that Oliver's attorney, Tom Stribling, says that the discipline itself is out of line. It's one ofthe strangest cases I've ever had, he said. Sending a strong message to officers by way of stern discipline is fine, Stribling argues. Acevedo has fired ten officers since taking the helm last City of Miami Page 48 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 summer. But only if the discipline is even handed. In Oliver's case, he contends, it was not. The bottom line is that here in these articles it goes into Acevedo with a history of defying command staff, you know, that he does not like for minor or made-up reasons. This officer, an Austin Police Commander in 2008, failed to disclose the conversation he had with another Commander regarding a possible discriminatory comment the other Commander made. A complaint was filed against the other Commander. The comment the other Commander made was found not to be discriminatory. Acevedo told the Commander who did not snake the comment, but did not report it, accept a 30 day suspension and waive any appeal or be terminated. The Commander did not accept the suspension and was terminated. The Commander appealed the termination through arbitration and was awarded his job back. And in another story, from Texas, it says from August 15, 2008, that Commander gets job back. And this one has to do with another officer, Wayne -- excuse me -- Blayne Williams is his name. And the gist of it, from what I'm reading, and notes from the lawsuit that was filed by this officer, 1 guess the City of Austin, when he was fired, is the following: an Austin police officer in 2013 was terminated by Chief Acevedo. That's the Officer Blayne Williams. Acevedo claimed he lied without any proof. The officer appealed the case through arbitration. The IA (Internal Affairs) investigator testified at the arbitration he was unaware of the factual basis for the untruthfulness. It's starting to remind me of the Papier case. Acevedo testified at the arbitration and was asked by the arbitrator to identify what the false statement was. Acevedo stated, I believe he was dishonest. Our opinion was he was dishonest. Acevedo had no evidence the officer was lying but terminated the officer for being untruthful. The officer won at the arbitration and was awarded his job back. And this -- let me -- it goes on into the different statements that were made and ends by saving that accordingly the honesty charge in the memorandum cannot be found to be true and therefore is not substantiated. So, we have another officer that got his job back for a false firing, allegedly. And here it says clearly that Chief Acevedo candidly acknowledged at the hearing that the dishonesty charge is based on belief and opinion garnered from statements through an interview and evaluated to be conflicting. It was his opinion, not proven. The same officer, Blayne Williams, apparently got fired again, I believe, from what was sent to me, and I apologize that it's a lot of information that 1 had to put together in one day, yesterday. And he filed a federal lawsuit in an appeal to the United States Supreme Court. Blayne Williams, Petitioner, this is the City of Austin responding, and this is May, 7th, 2019. I don't know the outcome of this case, if it's still pending or what, but I find curious some of stuff that this officer is putting in this lawsuit because it's reminding me of what I am being told here by many of our people in the police department. Art Acevedo in nine years of employment at the Austin Police Department brought back Jacksonian -like administrative policies and procedures. For those of you that don't understand that, that goes to a war that went back to Andrew Jackson when he became President. And he created the spoils system which eventually led to the creation of City Managers in America to keep politics, hopefully, away from running a government. And it says, the Civil Service reforms created by the Pendleton Act were rendered ineffectual. Acevedo created a spoils system at the Austin Police Department. Under Acevedo's civil service system, it became a system of appointment and Acevedo handpicked and appointed various positions within the agencies in violation of Texas Civil Service Law. This is what this gentleman has put in his lawsuit, among other statements in the lawsuit, that he says Art Acevedo has a past history of committing acts of civil rights violations, his opinion. As an employee with the California Highway Patrol, Acevedo violated express provisions of the California Penal Code as a law enforcement supervisory official. California Penal Code 630- 637.5 were enacted by the legislature to ensure an individual's right to control the firsthand dissemination of confidential communication to strongly protect an individual's privacy rights. And it says Acevedo, as a CHP, California Highway Patrol Supervisor, an employee, engaged in illicit meritorious sexual contact with a subordinate California Highway Patrol officer. Her name we have blacked out. During one of their illicit sexual encounters Acevedo urged or suggested that the City of Miami Page 49 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 female officer let him photograph her performing oral sex on him. The female officer acquiesced and allowed the explicit photographs to be taken by Acevedo. Acevedo betrayed the female officer's trust and showed the photographs to numerous California Highway Patrol officials, including two ranking, it says here Lieutenants, who told CHP investigators that Acevedo showed them the photographs. Acevedo, when called on the carpet, lied about the incident, tried to mitigate his conduct as being 'de ininiinis' because the photographs were discreetly kept in the glovebox of his state issued patrol unit. Further, Acevedo later, behind closed doors, in a settlement with the female officer and her lawyer, Frank J. Ackerman, who maintains his law practice in California at 1180 South Beverly Drive, Suite 610, Los Angeles, California, phone number 310-277-0614, admitted to the entire incident. Appellant, as a form of due diligence in the interest and fairness and justice, called and spoke directly with the lawyer, Ackerman, who verified the comments that he made in the Sacramento Bee Newspaper article which he stated, all of California would be appalled by SergeantAcevedo's action and indicated that Acevedo acted maliciously and was grossly negligent in offending the laws of California and in violating the policies and procedures of the California Highway Patrol. It says here that the appellant, the person that is writing this, is the Black Serpico and if nothing else is known for fighting for the rights of the disenfranchised. This is an African -American police officer in Austin, Texas. Furthermore, in the same federal case, the Supreme Court, it states that Acevedo is no stranger to the Fifth Court of Appeals as he violated other police officers' rights, namely Tony Smith. This is Hubert Acevedo. This court made the determination that Acevedo as a Chief of Police violated Smith's civil rights. 1 haven't had the time to see ifI could get ahold of this case, but this is in a document filed with the Supreme Court of the United States. It says, Appellant asserts that Acevedo retaliated and discriminated against him, et cetera, et cetera. Okay, were you aware of any of these cases by any of these officers that were mentioned, Mr. Manager? Mr. Noriega: No, sir, I was not. Commissioner Carollo: Okay. All right, I hope you're taking either mental or written notes of some of the similarities of what's happened here with firings, suspensions of some of our own officers in our department. Are we set to go? Okay. I've got a couple of videos that I'd like for you to see. And I'd like for you to tell me, Mr. Manager, if you, even though they were not videos that were taken while Mr. Acevedo has been employed by the City of Miami, he was employed I believe in Austin, Texas, in these videos, but I'd like for you to watch them closely and tell me if this is something that your chief of police, or your chief of paramedics and fire, or any director, would do something that you would condone. In particularly in the light of all that you've been hearing so far on Mr. Acevedo's background. Can you begin with the first one, please? Audiovisual presentation made. Commissioner Carollo: Now, can you go back, please? The video here, the video that we have here is Chief Acevedo. Audiovisual presentation made. Commissioner Carollo: The bottom line is you see the Police Chief there in full -- Audiovisual presentation made. Commissioner Carollo: -- walking the beat, -- in full uniform when he was police chief in Austin, Texas. He's got a right to, you know, do the cha-cha-cha and, you know, dance and, you know, take dancing classes, whatever he likes. City of Miami Page 50 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: Have we solved --1'm sorry, Commissioner -- have we solved the technical difficulties we're having? Is that the entire video? Commissioner Carollo: No, no, no. Look, I don't want to put the whole him doing the cha-cha-cha. That's not the intent. Commissioner Diaz de la Portilla: Oh, okay. I didn't know if it was the entire video. Commissioner Carollo: I don't really care, you know, if he does the cha-cha-cha or not. The part that I wanted to illustrate -- Commissioner Diaz de la Portilla: Sure. Commissioner Carollo: -- is that he comes in a police uniform as the chief of a department, and he's taking out a piece of paper and hitting the lady, scantily dressed, but even if she was dressed like a nun, in the behind. Is this the image, and I ask, that you would want to see of anyone who is police chief in the City of Miami? Mr. Manager? Mr. Noriega: Well, in that short clip given the nature without having it being context of anything, normally no, but again I mean it was it a fimdraiser? I mean I don't know what the context is. Commissioner Carollo: Supposedly it was a fundraiser. Mr. Noriega: Okay. Commissioner Carollo: But, look, whether it was -- Mr. Noriega: I mean I don't what context -- Commissioner Carollo: -- a fundraiser or a frat party, the question is that is it the image that you would want to see as Manager of your police chief? Whatever it is. Mr. Noriega: No, it certainly wouldn't be my preference. I certainly wouldn't -- Commissioner Carollo: Hitting a female in her buttocks, in her behind. Certainly, you know, someone that's had all these problems that I have read already, and allegations, launched against him, even makes it worse. But, you know, in the world that we live in today, I don't think that's acceptable in any American city. And I'm just pointing it out. I mean I don't care about the dancing, that's all fine, you know, he could pretend he's, you know, whoever he wants to be, that's all fine. But, you know, when you have someone going like that publicly to a female and you're in full uniform as the chief of police, this is not even that he was in civilian clothes, he is in the uniform of that department. Now that happened there, it didn't happen here, but I'm just trying to show the personality, not just the actions, of the man, to see how much you knew or not in your vetting of him so that we could understand what is happening here today in Miami. Is the other one ready by any chance? I don't see anything. Audiovisual presentation made. Commissioner Carollo: Okay. This is Chief Acevedo, I don't know what it's all about, you know, probably another fundraiser, I don't know, or something that was going on in Austin. He's dressed -- can you repeat that again while I'm speaking, if you don't mind, and then you can stop it? Audiovisual presentation made. City of Miami Page 51 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Stop it there. Stop it there. Okay, my question is, again, if he wants to dress up as Elvis, hey, that's fine. And this didn't happen in Miami, this happened in Austin, so it's not something here. But where I'm going to is, do you find it acceptable for your police chief, not that he was dressed up as Elvis, not that he was truing to pretend that he looked like Elvis, not that he was trying to mimic Elvis singing, but that he would go out publicly with pants like that and in that fashion where his midsection are in pants so tight like this, it's just something that you believe is appropriate for a police chief? You don't have to answer this if you don't like, Mr. Manager, but I'm just going through parts to show what goes on through this man's head. I've always thought a police chief a police chief should be a professional administrator that's not going to be in this kind of shenanigans anywhere. And certainly, you know, behave and dress in appropriate fashions. But others might have different opinions. 1 know that this is 2021, and -- but that's my take anyway. Let me go on. This is from -- well, let me get the glasses, it's so small -- KVUE Television up in Austin, April 27, 2016. Chief Art Acevedo reprimanded, docked five days pay. Austin Police Chief ArtAcevedo's job may be in jeopardy and he's been stripped of five days pay after the City Manager determined he failed to follow a direct order to stop talking publicly about an officer -involved shooting case during the Internal Affairs investigation. Weren't we recently accused of something like that by him? (COMMENTS MADE OFF THE RECORD) Commissioner Carollo: Or did 1 miss something? You know, I don't know, maybe it's me. I don't wear those tight pants, you know. The only time that you would see me like that was when 1 played football, but it was because 1 had a jock strap on. Then let me go on. Austin Police Chief Art Acevedo's job may be in jeopardy and he's been stripped of five days pay after the City Manager determined he failed to follow a direct order to stop talking publicly about an officer -involved shooting case during the Internal Affairs investigation. Now I guess in Austin, what happens in Austin he thought would stay in Austin. But it's what I've been saying, do as I say not as I do. Then it says according to KVUE's TV's Tony Plohetski, the action taken by Austin City Manager, Mark Ott, came after the Chiefs response to the shooting death of David Joseph. His case drew attention because he was naked in the street when he was shot to death by an officer in Austin, Officer Freeman. That he shot Joseph because he charged at him. Chief Acevedo held a news conference in the days following the shooting with community groups following the speedy investigation to the death of Joseph. Soon after that news conference the Chief also visited the APD (Austin Police Department) Training Academy to discuss the case. City Manager Ott said he told the Chief in early March to not talk about the case until after the investigation concluded. In the memo obtained Tuesday, Ott accuses Acevedo of not following that order. That's why he's being reprimanded and losing pay. In the memo, Ott told the Chief he's concerned about his performance and judgment unrelated to the shooting and warned him he could be fired if another incident takes place. Ott said he counseled the Chief on his performance in the past including once in 2011. Chief Acevedo responded to Ott's memo saving, while I disagree with the Manager's reprimand, I recognize his right to exercise that authority. The Manager and I have worked together for nearly nine years, disagreements are inevitable. Ilook forward to putting this behind us and continuing a productive partnership. Acevedo makes approximately $207,000 a year, so his five days without pay would cost him around $4,000. What did he make here again with benefits and everything? Commissioner Diaz de la Portilla: I think it was four hundred thirty-five thousand five hundred and something. Commissioner Carollo: More than double what he made six years ago in Austin. Commissioner Diaz de la Portilla: Five hundred and twenty-eight. City of Miami Page 52 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Well, actually a little over five years ago in Austin. Did you know about any of this, that he had been reprimanded numerous times by the City Manager in Austin, or counseled? Mr. Noriega: No, sir. Commissioner Carollo: Here is, let's see, another one of the Texas Monthly. I don't know what publication that is in Texas. It's from June 4, 2020. And it says the hero myth of Houston Police Chief Art Acevedo. He has become a national celebrity for publicly supporting the George Floyd protest. But Acevedo's records are sizably less progressive than his rhetoric. It says -- it begins by saying, at a press conference on March 23rd, 2018, Art Acevedo, the Houston Police Chief announced an aggravated assault charge against Philadelphia Eagles Defensive End Michael Bennett. Who was the other guy we got here that loves to arrest football professional players -- professional football players? Isn't thatJavi Ortiz, the Chiefs right-hand enforcer man? Interesting, you know, how these kind of personalities, you know, come together or maybe like some say birds of the same feather flock together or fly together, something like that. Acevedo alleged that the Eagles star had pushed an elderly paraplegic security guard at Houston's NRG Stadium as he rushed to celebrate on the field with his brother, Martellus, whose New England Patriots had just won the 2017 Super Bowl. At the half hour press conference held more than a year after the game, Acevedo explained that Houston Police Department had prioritized serious crimes. The Police Chief was in his element, bantering with reporters and issuing sound bite worthy quips. He worked himself into a righteous lather over someone putting hands on a little old lady in a motorized wheelchair and called Bennett pathetic and morally bankrupt. But as Acevedo admitted, there was no video of the alleged assault. Given the number of people trying to access the field after the Patriots' Super Bowl victory, it was unclear how the elderly security guard and the police officer who allegedly witnessed the incident could clearly identify Bennett who strenuously denied the charge. One year after the press conference in April 2019, the Harris County District Attorney's Office dropped the case after determining that a crime could not be proven beyond a reasonable doubt. Acevedo said he stood by the assessment that an assault had occurred, but agreed that there wasn't enough evidence to proceed with the case. It says this kind of grandstanding and moralistic posturing from Acevedo has drawn heat from local activists. Since taking over as police chief in 2016, Acevedo who did not immediately respond to requests for an interview, has excelled in self -promotion. Does that remind any of you of anything similar with Miami with what is happening here? Excels in self -promotion? Then he says, this week he is trying to sell himself to the nation as a pro -reform police chief He's changed his Twitter profile picture to an image of George Floyd, the long time Houston resident who was choked to death by police in Minneapolis, sparking nationwide protest. Acevedo has appeared on the Today Show and op-ed for the Washington Post calling for more police accountability. A video of him standing with protesters speaking of anger over Floyd's yelling has gone viral, but Acevedo's record is one of a police chief reluctant to make fundamental reforms. Consider the issue of bail reform. Acevedo has called to reform -- for reform of the cash bail system, saying the decision to release suspects accused of a crime before trial should be based on their public safety risk rather than how rich they are. Yet he along with many in the criminal justice establishment oppose Harris County Historic 19 -- 2019, rather, settlement of a lawsuit about how it sets bail, which eliminated cash bail for most misdemeanor defendants. He regularly takes to Twitter to slam judges for granting bail to defendants he thinks belong in jail. Not even the Corona virus has softened his position. In March, when Sheriff Ed Gonzalez proposed waiving bail for a significant percentage of the 8,000 inmates in Harris County Jail to reduce the risk of an outbreak, Acevedo pushed back. He argued that anyone considered for release should be subject to an individual risk assessment. A time consuming process. Between Acevedo's intransigents and a series of court orders blocking the Sheriffs plan, only about 300 inmates have been let out. And by mid -May City of Miami Page 53 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 more than 1,000 inmates and jail staff had contracted the virus. There are those of us that are trapped here in what could be Houston's largest death camp just for being accused, just for being an addict, Inmate James Walter Gandy told the Houston Chronicle. This week, Acevedo has tried to position himself as a friend to both protestors and police officers. And I go to the part where it says, Acevedo's condemnation of the killing of George Floyd is also complicated by the fact that his own officers have shot and killed six Houstonians over the past six weeks, at least one of whom was unarmed. Despite his recent public calls for accountability, Acevedo has refused to release police video of any of the six shootings, citing concerns about privacy and about the videos' potential to taint potential prosecution of the police officers. Five of the six Houstonians shot were people of color. Acevedo denies that race has anything to do with it. He told the Houston Chronicle that he says that people look at race, adding what we need to look at is that behavior. A reference to claims that several of the victims were threatening officers. Cell phone video appears to show one of the six slain men, Nicholas Chavez, was kneeling when he was shot. No officers have been disciplined for any of the shootings. Then what was happening in Houston before Chief Acevedo came here and what he was dealing with, Acevedos department is also conducting controversial no-knock raids leading to one prominent scandal. In January 2019, undercover narcotics officers executed a no-knock warrant on the Southeast Houston home of Rhogena Nicholas and Dennis Tuttle. A gunfight broke out during which Nicholas and Tuttle died and several Houston Police Department officers were injured. The narcotics officers believed the couple was dealing heroin but found only small amounts of cocaine and marijuana. The entire raid it turned out was based on an unlawful warrant written up by Houston Police Department Officers Gerald Goines and Steven Bryant. Goines and Bryant retired after the incident. Goines was charged with murder and Bryant was charged with tampering with a government document. The Harris County District Attorney anticipate it will dismiss more than 150 drug cases handled by Goines. And their review is ongoing. A Houston Chronicle investigation revealed that Goines spent much of his undercover time busting low-level street dealers. In 2004, he arrested George Floyd for allegedly selling him less than a gram of cocaine. Floyd pleaded guilty and was sentenced to ten months in state jail. In March 2019, the District Attorney's Office sent Floyd a letter notifying him that Goines was under criminal investigation. Acevedo's handling of the case has followed a predictable arc. From defending his officers to the hilt in January '19 to issuing an apology for Goines and Bryant's action in November, to position himself as the hero of the whole affair by claiming credit for discovering malfeasance. It would have been a tragedy for Rhogena and the Tuttles if we had not uncovered Goines alleged misconduct, Acevedo told Texas Monthly in February. That would be an even greater tragedy' and injustice. In February, Acevedo announced a series of reforms including more scrutiny of no- knock raids and tighter supervision of narcotics operations. The families of the married couple killed in the raid remain unsatisfied. On Wednesday, Rhogena Nicholas' brother, John, wrote an op-ed for the Houston Chronicle calling Acevedo to release the forensic and ballistic reports from the scene of the raid, fully investigate the entire narcotics division, be transparent about the state of the case against Goines and Bryant. As Houston Mayor Sylvester Turner and Acevedo plan for their next news conference to comment on public safety in some faraway place or even in Houston, we ask them to take a moment and remember there are family is still awaiting their answers to our questions, Nicholas writes. Like Nicholas, many Houstonians say they are tired of their police chief saying the right thing in public, but allowing the same problems he speaks against to fester behind closed doors. It's time, they say, for Acevedo's actions to be as bold as his words. This is, again, June 4th, 2020 in the Texas Monthly. This is Reform Austin. Is Houston Police Chief Art Acevedo running for political office. In stark contrast to the practice of most unelected law enforcement officials, Houston Police Chief Art Acevedo has been making far more political statements than normal, lately, relating to speculation that he might be taking a shot at the governor's office in the 2022 election. Multiple attempts to contact the Chief City of Miami Page 54 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 through the Houston Police Department media office weren't returned. But it's not heard to see a political trajectory for Acevedo. Since taking the office in 2016, he has launched a national profile far above and beyond what is typical for a police chief even of a city the size of Houston. Though a lifelong Republican and Cuban - American, Acevedo is generally regarded as. far more left -leaning than most of his party to the point he actually holds the term RINO, Republican In Name Only, as a point of pride rather than insult. That's not what he told me when he first came in here, but 171 leave that for the Miami side. It talks about Acevedo running for governor. If he's looking to run in a Democrat primary, that would be very difficult Jrohim. It says ifAcevedo runs as a Democrat, he might be up against some stiff competition. Beto O'Rourke and both Castro brothers are seen as potential nominees. 1 sure hope one of them is not -- doesn't have the first name Fidel because, you know, we know what happened to the one here named Fidel. It then talks about that if he don't run as the Democrat because he might not be able to beat top named Democrats, would he try as a Republican. The fact being with this article is that if a police chief is a professional, professional administrator, there wouldn't be anyone in the media speculating whether he's going to be running for public office or not. And I have no idea if at the time he was speculating running for governor or not. I mean that's a long stretch but, you know, big egos make mistakes at times. But obviously that didn't happen. But here it is, it's extremely rare that you are going to see local publications talk about their police chief running, for office, especially governor of the second largest state in the union. But it doesn't stop there. It doesn't stop there. This is the Texas Monthly, March 17, 2021. Why is Art Acevedo leaving Houston? Political insiders say the Police Chiefs move to Miami follows a turbulent year in which his hopes of being elected mayor began to look delusional. Well, it seems that a lot of people in Texas were looking at Acevedo as a politician that was a police chief. And it says, many in Houston were left scratching their heads Monday when Police Chief Art Acevedo announced he was leaving his post to run the Miami Police Department. For starters, the Miami Police Department is much smaller than Houston, with about 1,400 officers to the 5,400 Acevedo currently oversees. The move seemed more appropriate for someone who contemplated retirement rather than a high profile career which the media savvv Acevedo has clearly coveted since arriving in Houston from Austin in 2016. And then there was the weird secrecy. Few in Houston, including Mayor Sylvester Turner, knew of Acevedo's plan ahead of his public announcement. Neither did many politicals around Miami City Hall, where Acevedo had never been publicly identified as a candidate for the job during the City's six month search. The process bore none of the transparency typical of a police chief hiring cycles. Earlier this year, by contrast, Eddie Garcia underwent a public vetting before leaving the San Jose, California Department, and moving to Dallas where he immediately proclaimed his loyalty to the Cowboys. We wanted to ask Acevedo whether he's been a closet Dolphin fan all these years but he declined to be interviewed. He has stated that he initially rejected the Miami job offer and that his decision to ultimately accept it was a journey offaith. He says he leaves Houston with regrets. And as a parting shot on Tuesday, he predicted the City's homicide rate would rise this year under his replacement. While the Miami move initially seemed bizarre, it's perfectly in line with Acevedo's personality. He is a showman first and foremost. He loves the camera more than Sheila Jackson Lee, cracked one statewide political leader, comparing the Chief to the Houston Congresswoman known for her passion for the media. Acevedo is also a cold eye pragmatist when it comes to his opportunities. Those it seems have run their course here. Houston insiders knew that the 56 year old Acevedo had been considering a mayoral run once Sylvester Turner reached his term limits in 2024. But as Acevedo started prospering -- that should -- prospecting -- but as Acevedo starting prospecting for supporters, the response was -- response wasn't good, despite public grandstanding after George Floyd's death posing for photo ops with local protestors, changing his Twitter profile image to one of Floyd, granted countless TV interviews, his support in the Black community was thin. Owing at least partly to ongoing animosity towards the Houston Police Department's requiem of policing minority City of Miami Page 55 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 communities. Houston politicals also told me that the Mexican -American community was lukewarm at best on the Cuban -American Police Chief. Now these are some of the same things that have gone on here. The going out, grandstanding, and I'm quoting here, the public grandstanding, posing for photo ops with some of the local protestors during the Patria y Vida marches. Changing his Twitter profile, not to George Floyd or Black Lives Matter now, but now it was the Cuban flag and Patria y Vida. Granting countless TV interviews, like it says here. The script's the same, only the town changed. And the seal on the uniform. But, it's the same Acevedo. Even stranger, Acevedo's support among non -Hispanic, White Houstonians, risk fracture. The Police Chief had made a gentleman's agreement when John Wittenmyer, Dean of the Texas Senate, not to run against him should the Houston lawmaker seek the Mayor's office as had been speculated. And he quotes the Texas Senate Lawmaker as saying, Art and I are the best of friends. He and I agreed months ago that we both wouldn't be in the race. Well, it seems to be a confirmation by the Dean of the Texas Senate that Mr. Acevedo was considering running, but only iffWtttenmyer did not run. Maybe all of these obstacles would have been surmountable ifAcevedo's rhetoric as a reformer had matched up with the reality. Throughout his tenure as Police Chief Acevedo has touted civility is still best practice in the department he oversees. Last August he told the New York Post that good police means the matter of doing everything you can to have the right people in place. The right leadership in place, the right policies in place, the right training in place, and ultimately the right relationships with the community that you serve. But in the early months of this year policing incidents during Acevedo's tenure began to garner unwanted attention for him. In particularly, the murder trial of former Houston Police Department Narcotics Officer Gerald Goines, accused of killing two innocent Houstonians in their home during a botched 2019 drug raid. His upcoming following several high publicity probes into the incident. Goines former partner on the force, Steven Bryant, is facing federal and state charges of government record tampering. Four more officers have been indicted on related charges. A lot of eyes were off the ball and the cops were going rogue, said one former criminal defense attorney. Then it says in a city that has shown itself all ready to elect more progressive criminal justice reformers, Acevedo's opposition to the 2019 bill for bail reform in Harris County and specifically for reducing bail for low-level offenders did not produce good optics, either. Neal Manne, managing partners Susman and Godfrey LLP (Limited Liability Partnership), who represents plaintiffs without charge in ongoing Harris County bail litigation noted that only the for profit bail bondsmen spread more falsehoods and scare stories about bail reforms than Chief Acevedo. Only the for profit bail bondsmen spread more falsehoods and scare stories about bail reforms than ChiefAcevedo. In similar fashion, Acevedo posts the exoneration ofDewayne Brown, a Blackman who spent 12 years in prison for the 2003 murder of a Houston police officer, until the Texas Court of Criminal Appeals overturned his conviction in 2014. As Harris County District Attorney Kim Ogg thought in 2019, you take the case back to court, for a new judgment, that Brown was actually innocent. Acevedo wrote a Houston Chronicle opinion piece opposed to the move and saying Brown remained a murder suspect in the shooting. Brown, represented by Manne, eventually won a claim in the Texas Supreme Court along with two million in compensation from the State of Texas. And he finished by saying, Houston needs a police chief who will question status quo. He asks that the City must undertake a transparent hiring process. Miami, he noted, just hired a leader who didn't formally apply for the job. "Process questionings are important, " Katz said. They set the tone for the openness and the leadership of the department. Let Mayor Turner take note; this is the Houston Mayor. And let me go into this one. By the way, Mr. Manager, did you know of any of these stories that Mr. Acevedo had been considering running for Mayor of Houston? Mr. Noriega: No, sir. City of Miami Page 56 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Okay. Now this one you should take notice. It's an email received Friday, September 17th, this year, 9:54 in the evening. I just read it yesterday for the first time. It did have a telephone number. I contacted the number that I was given to ascertain that it was real and it was not a fake account. It's from a gentleman named Stephen Leatherman, he -- I believe he's an attorney now, and let me read to you what it says because this goes along with some of the stuff that's been going on in Miami. Dear Commissioner Carollo, my name is Steve Leatherman and a friend forwarded me a video of the Miami Council Meeting. You seem less than pleased with your new chief of police. I spent ahnost 36 years on the Houston Police Department, and 28 of those as a Senior Sergeant. I am also a lawyer. In my opinion, he ruined a great department. He was verbally abusive to everybody and he would openly brag how many police officers he fired, whereas, 1 being a former sergeant in the Marines as well as a seasoned police sergeant, I would brag how many officers we turn around and saved. I have a few specific cases of Chief Acevedo's gross incompetency, failure to take action and failure to supervise, which actually breaks the law. And this includes his little attorney friend' Ann Spiegel. Was that the lady he was truing to bring over? Do you know her name, Mr. Manager? Mr. Noriega: I don't recall her name. That may be it, I don't recall. Commissioner Carollo: But the one he was bringing over was an attorney, right? Mr. Noriega: Yes, sir. Commissioner Carollo: Okay. In Houston, okay. It says, including his little attorney, Ann Spiegel, that he wants to bring to Miami with him. 1 guess she is. She has actual knowledge of officers violating the Brady Act in Texas. It is statutory they call the Michael Morton Act, where officers or prosecutors hide information from the defense attorneys that they are legally entitled to have. They covered up all the incompetency in the chain of command and the actual violator, and only punished the honest sergeant who was the person who blew the whistle on statutory law violations. How fair is that? In another case, there was civilian radio shop employee that was cleared after a thorough Internal Affairs investigation, and he allowed a female detective to reopen the cleared case. She lied in her affidavit for a search warrant. And there are actual audio tapes when a witness would tell her one thing and she actually fabricates in the report, they said something else to support her position of the case. Chief Acevedo wouldn't listen to his attorney or reexamine or reopen the case to examine the proof and evidence. Instead, he just fired him, and Acevedo openly called him a pedophile. Yet now, just this past month the District Attorney of Harris County dropped all charges against the man. But like one of your colleagues said at the meeting, this man's life and career is now ruined merely by ChiefAcevedo's laziness to enforce due process and refusal to take action and his outright mean spirit. I've had a Senior Internal Affairs investigator tell me, the Chiefs attorney, Ann Spiegel, that Acevedo brought with him from Austin P.D., and he now wants to bring to Miami P.D., actually told investigators how she wanted the outcome of the investigation to be before they even started the damn investigation. Are you listening to that, Mr. Manager? I mean I don't know who this man is, but he's real and I've got his number. This is the kind of stuff that we're hearing that has been happening with Internal Affairs investigations. This man is illegally interfering and exerting himself And if you don't write what he wants, he gets rid of you, he transfers you out. Is that fair and objective investigation and due process, I ask you? She should be disbarred. God help your outstanding Miami police officers if she is allowed to be on this head-hunting legal team. She has no honor nor integrity. If you are truly interested in more details feel free to contact me. ChiefAcevedo's beat every officer's morale down. He brought Heather Morris there for a personal reason. Is that the Deputy Chief that he brought? I haven't even had the courtesy, ever, that he would call me to bring her to introduce her to me. But I'm just a commissioner so why should he, you know? Chief Acevedo City of Miami Page 57 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 heat every officer's morale down. He brought Heather Morris there for personal reasons and she is willing to do the head -chopping Acevedo wants to be done. I trained her as a sergeant when she was promoted. Chief Acevedo is a dictator. He will run off your good senior officers who don't want to eat his crap. I was not under any investigation when I left and I left not to be around him. I had the number one tactical unit in patrol. We were requested by name by the FBI Bank Robbery Task Force, DEA (Drug Enforcement Administration), Homeland Security, due to our training and self-discipline. It took us ten years to build that team and train them to be the best. When he got there, it only took his little henchman to disband the majority of the unit in less than six months. He will ruin your department and your officers will fear going to work and fear doing their job. He is a disgrace as a chief of police and leadership is not in his character or vocabulary. Sincerely, Sergeant Stephen K. Leatherman, retired. And this is almost like hearing our own officers and what they have told me that's been going on. I will get you his telephone number if you so care that you want to call him. Commissioner Watson: I'm not sure, Commissioner, he moved to give ine the chair until he comes back, in my suggestion. Yeah, so, okay, what 1 would like to suggest, since we have called at 11:30, is to go ahead, Commissioner Carollo has a number of documents to read, I'd like to go ahead and move to give the public time, that is here, time enough for those who have been waiting at this point to allow you to line up and speak. If not, we've not had sign -in sheets, no? Todd B. Hannon (City Clerk): Yes, sir. We do have speaker sheets. Commissioner Watson: You can call out to that end. Is that what you're going to do? Mr. Hannon: We were just going to have them line up at each podium -- Commissioner Watson: Okay. Mr. Hannon: -- so that it will move a little faster. Commissioner Watson: All right, so we'll move them. Commissioner Carollo: If I could just state on the record the resolution that Commissioner -- Commissioner Watson: It's still open. Commissioner Carollo: -- Reyes was going to put -- was read into the record already, Commissioner Watson: Okay. Commissioner Carollo: -- and after he's done, after we vote on that, then I will present the one that I would like to bring to the Commission, under the Charter. Commissioner Watson: So you want him to read it into the record now? Commissioner Carollo: No, no, no, we can -- Commissioner Watson: He's already read it, right? Commissioner Carollo: He read it into the record already. City of Miami Page 58 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Watson: Right, it's still alive, right? So we'll do our public comments for members of the public who are here and have been waiting and then we'll give it back to our dais comments. Commissioner Carollo: His was read into the record. Commissioner Watson: Okay. Commissioner Carollo: And what I will be bringing before this body is very simply Section 14, which was read into the record already where the Commission will constitute itself or assign attorneys or former prosecutors, as an investigative body, with subpoena powers. Commissioner Watson: All right. Commissioner Carollo: So those are the two areas that people can comment if they would like to. Commissioner Watson: All right. So that being heard by the -- Commissioner Reyes: I think they -- Commissioner Carollo: Well, we'll see. Commissioner Watson: So the two resolutions have been placed into the record. Now what we will do is go ahead and open for public comments. And those who intend to make public comments can begin to line up on both sides of the podium and then I'll shift the chairmanship back to the Chair. Commissioner Diaz de la Portilla: Thank you, sir. Great job by the way. You got to public comment quickly there. I like that. I was listening to everything that was being said, so I just want to make sure that we're okay, Mr. Hannon. We have Commissioner Reyes' resolution that has not been moved yet; is that correct? It's been read into the record but it's not been moved. We need to move that. We need to dispense with both items as to separate items, correct? What Commissioner Reyes is proposing with a -- and then we deal with Commissioner Carollo's? Or do you want to combine them and we make a motion for a combined -- Commissioner Reyes: I think -- Commissioner Diaz de la Portilla: Before we open public comment, because what we don't want is to open and close public comment, right? So do we want to do -- we want to do Commissioner Reyes' item first, move it, second it, and open public comment for that item? Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Or do you want to move them both, combine them and move them, second them, and then open public comment? Commissioner Reyes: Mr. Chair? Commissioner Diaz de la Portilla: I just want to know what he says and then I'm going to recognize you, sir. Commissioner Reyes: No, no, no, but I just -- City of Miami Page 59 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: It's what you want to do too, it's your item. So, you know, i f you want to do it -- Commissioner Reyes: No, no, no, what 1 want to say, that we can instead of moving one and moving the other, they are not -- I mean against each other, they can, one could be incorporated into the other one. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Because what Commissioner Carollo is saying basically is what we're saying. But I'm being specific what 1 want them analyze. Commissioner Diaz de la Portilla: If procedurally we can do it that way, we combine them, we bring it up -- Commissioner Carollo: Two different things. I'm bringing in the -- Commissioner Diaz de la Portilla: Right. Commissioner Watson: So, Mr. Chair, -- Commissioner Diaz de la Portilla: So you want to combine them? Commissioner Watson: Mr. Chair? Commissioner Diaz de la Portilla: Yes, sir? I'm sorry. Commissioner Watson: Let me just say before you try to do that, everybody who's going to speak now is going to speak to the issue of the special meeting? Commissioner Diaz de la Portilla: Yes. Commissioner Watson: So let them do that. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Okay. Commissioner Watson: Those two resolutions are live. We'll come back. But everybody that's going to speak now is -- Commissioner Diaz de la Portilla: We can do that. Commissioner Carollo: Thank you. The public comments are now closed and everyone that's here that wanted their opportunity has had it. Frankly, I'm -- I'm surprised that I didn't see these masses that they were going to move for today to come and defend the great Michael Jordan be here. I've seen a couple of hands full of people. Some are the same players that have been part of the problem in the City. For instance, you didn't see any of us go and hire or get someone to bring in billboards and trucks to come here to City Hall, or any of that. But gee, that happened. And how did it happen? Well one of the speakers here was bragging about who paid for it, supposedly. And I'm going to tell you about the character that one of the speakers here bragged about that paid for that billboard. He's been since he got here bosom buddy of Mr. Acevedo. A guy that's been part of the attack the Cubans that he doesn't agree with their philosophy, their political philosophy, and call them Cuban mafia, dress them up as Fidel Castro and everything else. An individual that the other people that this last gentleman was referring to, used him and paid him, paid him, so that he City of Miami Page 60 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 could do research, at least on me, because he is good in going through for years and years, the past videos and libraries of different news medias and so on. And then he facilitated for these people they were paying him to go see a gentleman that wrote in a local publication. Uncle Luke, as you all know him, and Uncle Luke told me that these chaps that were brought by his friend offered $5, 000 to his Overtown/Liberty City Optimist Football League if he would write in his column in the Miami New Times and call me a racist and all kinds of other stuff. This guy that's here pretended to be more pious than anybody else. His internet address somehow back when I first started was found to be one that was constantly going into my Wikipedia that anybody can go and change. Constantly changing it and putting lies about me. These are the fine, outstanding citizens that they try to pretend. Even when they ganged up in our most progressive district in the city of Miami, that don't have as many, of us type of Cubans that they don't like, they didn't have no punch. They couldn't even come close to putting a dent in Commissioner Russell, and he beat the guy they put up against him. And that's why they're so frustrated because they can't beat me in Little Havana, even with the Marxist, socialist attorney for the government of Venezuela and their Ministry of Defense, which means their Armed Forces, for those that don't know, that they throw in the race against me, they can't beat me. And they're frustrated about that. They don't understand. They thought that, you know, all these old Cubans had died that, you know, we've taken over and it wasn't that way. Because what they try to do is win on fear and putting one community against the other on hate, on constant attacking people. 1 talked about the kind of things that I needed to find out from the Manager if he knew or did not know today. I was as subjective as 1 could possibly be. I put everything that was said in articles, good or bad, on the individual. And 1 also had to put it into the record so that we could see how it fits in to the scenario that is happening in the City of Miami now with some of those actions. But, frankly, he tries to say that what I -- actions I took that won this in court and that. He had no idea what I did, when I did it, what happened, because the minute, the very minute that when I was in Doral I saw that something wasn 't right,, I did what I should have done. This man, only day before yesterday he sends this laughable memorandum out. The City Manager hasn't heard practically on none of the meat that he's talking about there at all. He -- the City Manager admitted that the allegations that Mr. Acevedo is making against the Miami Police Department, trying to paint it into a police department that is full of people that are beating up the public and that everyone that's a supervisor is somehow covering it up, that Mr. Acevedo only told him about it in a passive way just last week. You read that memo and the way that it's worded, it's worded very cute. Trying to give the impression that he called the FBI (Federal Bureau oflnvestigation), the Justice Department on all this wrongdoing that all of us are doing here. But if you read it closer, what he's saying is that he talked to them about the allegations against Miami police officers and his so called claim that we're somehow a breeding ground for officers beating up our citizens, using armed force against our citizens, and that higher ups are covering it. But that doesn 't hold water when in the over five months that he's been here, maybe five and a half months, minus all the days that he hasn't been here, and forgot to make sure that it was put down like every officer should in the proper form so that it would not go into the future when he leaves to be paid. It is sad to see an individual at the last moment come up with his false lying allegations that they cannot back up in any way. Now, I'm not going to convince those that are haters to like me because the only way that they're going to be a happy, a crowd like this guy here and his sidekick, is if, you know, I come up here with a big socialist flag and I start talking about how great Marx and Lenin are. Then they'd be happy. This group. Now there are some people that have spoken that, you know, differently here in support of the Chief that are not included in that. Please, I'm not throwing everybody into the same pot. You know, I want to be very clear in that. The three Black officers that spoke here before, while I disagree in their description and their opinion, they know when nobody would listen to them, I did. I gave them the opportunity to come up here and air their concerns. But I state to you, the same individuals who you all complained to me about that have been protected according City of Miami Page 61 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 to you that was the individual with the worst record of any Mianzi police officer. When he was finally brought back, he was put in a place that he had not contact with the public. And you all know that. Who let him out and is giving him roaming rights with unlimited overtime? Mr. Acevedo. Who has written for him all kinds of reports the way Acevedo wanted? Including the report on his so called, alleged fender bender accident. The same individual. And you all know how you expressed yourselves to me about him and I don't think you would deny that and I'm not breaking any confidential information because you all have been very verbal about that especially when you came to speak that day when I made sure that you had the opportunity that you never have had. My God, ill would have all this in my background that Mr. Acevedo has and 1 was applying for a job as a simple rookie, you know, to enter the Miami Police Department as a rookie cop, 1 wouldn't be hired. Nobody would be hired. So I -- I have to wonder how did we hire a police chief with that background if we wouldn't hire a rookie cop with that? These characters like Mr. Grant, Miller, and Thomas Kennedy, and their buddies, oh, they'd be the first one, you know, doing a lynching with me out there. But it don't matter what they'll find on Acevedo because like the old saying goes, it don't matter if you're an SOB as long as you're my SOB I guess you 're okay. You know, I found that in years back when I was mayor with Donald Warshaw, it was the same thing. It was the same thing. So I'm -- Chairman, you tell me how you would like to proceed. I finished basically with the stuff that I wanted to go over from California, from Austin, from Houston. I haven't begun yet on -- and it's long, on the stuff on the City of Miami. And then 1 want to address some of this corruption that Mr. Acevedo all of a sudden found. But 1 sure remember seeing somewhere I don't know if it was his Twitter account, your picture with him like you guys were, you know, the Blues Brothers. That was just a few weeks back. Commissioner Diaz de la Portilla: Uh-huh. Commissioner Carollo: I don't know, you know. Was he kidding you or did he just found out what an SOB you were -- Commissioner Diaz de la Portilla: Overnight. Commissioner Carollo: -- a couple of weeks ago. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: I know that I didn't ask him to and I wasn't frankly happy about it because I was seeing a trend with this man. He marched with me and others and he got on my side. I don't know where he came from, in 8th Street, during Patria y Vida March. You know, he couldn't stop saying wonder ful things about me. That was just a few weeks back. I don't want to, you know, go into it now because that's. for later you know, some of the things that he -- he stated to me because it's going to be a little eye opening. But, Mr. Manager, while I'm doing that can you do me a favor? There's a certain little contract that I'm told about and again, I think you know personally, that outside of everything else that I have my life has been a little more complicated with some personal family medical matters. I really haven't had the time for a lot of this. Yesterday I gave more time than I should have to Mr. Acevedo, and I did today also. But -- the public talking part is over. Thomas Kennedy: You mentioned me by name, though. Commissioner Diaz de la Portilla: The public comment part is over, sir. It's been closed. Commissioner Carollo: It's over. It's over. City of Miami Page 62 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Mr. Kennedy: But you mentioned me by name, so I get a rebuttal. Commissioner Diaz de la Portilla: Sir, sir, sir. Commissioner Carollo: This is not Tallahassee. Mr. Kennedy: You target -- you target constituents and they can't rebut? Commissioner Carollo: You can not -- you cannot talk -- Mr. Kennedy: You smear them. Commissioner Diaz de la Portilla: Goodbye, sir. Mr. Kennedy: You should be ashamed of yourself Commissioner Diaz de la Portilla: Go. Mr. Kennedy: You should be ashamed of yourself. Commissioner Diaz de la Portilla: Goodbye. Mr. Kennedy: You're smearing constituents. Commissioner Diaz de la Portilla: Abbott? Commissioner Carollo: Can you get this guy out of here, please? Commissioner Diaz de la Portilla: Yeah, goodbye. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: All right. That's it, that's it. Sir, sir, sir. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Yeah, it's -- goodbye. We're going to miss you. I know, I know. They're okay. I'm talking about the other one. I'm not talking about you. I know what you're doing. You're good, don't worry. You're good. Commissioner Carollo: This guy is a professional agitator. He's used to doing this. He's done it -- Commissioner Diaz de la Portilla: Not you. Commissioner Carollo: -- at Miami -Dade County, he's done it at Tallahassee. He's a Socialist, professional agitator, and I will never, you know, be the cup of tea for guys like him. Now he wants to be here, he had the opportunity to speak. He could attack me in his Twitter with his buddies, do everything they want, but here after he's had his time to speak, he's got to follow the rule of law. The same rule of law that their alleging and claiming that we have broken with all kinds of crap that he said that not even the great Acevedo claim his own bologna eight page memo, and I didn't even answer the young agitator. So, anyway, thank you, sir. Commissioner Diaz de la Portilla: Thank you, Commissioner. Commissioner Carollo: Where was I`? Where was I? City of Miami Page 63 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: Thank you, Commissioner. Commissioner Carollo: I'm -- remind me. You know, Fin the second oldest guy here. Commissioner Diaz de la Portilla: Commissioner Reyes. Commissioner Reyes: Yes, okay. Commissioner Carollo: I was asking the Manager. Commissioner Diaz de la Portilla: Oh, I'm sorry, I'm sorry. Commissioner Reyes: Okay. Okay. Commissioner Diaz de la Portilla: Let's get an answer there. I'll go to you, Commissioner Reyes. Commissioner Reyes: I've been trying to -- Commissioner Carollo: I know, but 1-- Commissioner Reyes: I've been trying to process this. Commissioner Carollo: Yeah, but don't -- I don't want to forget this. Commissioner Diaz de la Portilla: Yeah, let him answer. Let the Manager answer. Commissioner Carollo: Mr. Manager -- Commissioner Diaz de la Portilla: And I promise Commissioner Reyes, I'll go right to you. Okay, sir? I promise. Yes. Commissioner Carollo: If you could try to find out for me and maybe we can revisit it on the Miami part of what I want to look into. It's a little -- Commissioner Diaz de la Portilla: About the contract is what you're asking. Commissioner Carollo: -- item I'm told on a contract and I have no idea what's true, what's not. So that's why I'm asking you to find out. But I've heard that there were 500 pants and 500 shirts that were ordered for the Miami PD (Police Department) and that somehow the contract ended up costing us considerably more than what we usually pay for same shirts and pants. Can -- how long do you think it might take. for you to find out what that's all about, you know, what it is? Arthur Noriega (City Manager): I mean, we can look into it now. Commissioner Carollo: What we paid before and what we paid them? Mr. Noriega: Looking into it now. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: We'll come back to you. Commissioner Carollo: Because as you'll see later on that's going to, you know, maybe, maybe, I don't know, show me a pattern to some other things. City of Miami Page 64 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: And we'll come right back to them. Commissioner Carollo: Thank you. Commissioner Diaz de la Portilla: Commissioner Reyes, you're recognized, sir, and then Commissioner Watson after. Commissioner Reyes: Thank you. Thank you very much. I want to go back to what really concerns me about this is that memo that accuses us of wrongdoing. And although the City Attorney has stated that there is nothing wrong with what we have inquired, it is our privilege that we have -- it is our privilege also to modem the budget. It's one of our duties and so on. And 1 had a resolution that calls for investigation of all the allegations by an outside investigator or a committee of investigators whoever they are, okay? And because I don't want to leave any doubt. 1 had people that had come here and called us crooks and I have been accused of receiving bribes without any -- I mean, any proof. You see, it is very easy to come in here and start accusing people without having any proof when you know that being I, a public official, I cannot sue you because it is very -- I mean -- I mean, to slander like that, it doesn't make you tougher, it doesn 't make you any -- any, I mean, more of a good citizen. Participate, get involved in what's going on and I really appreciate when you come here and you are positive, or that you have something to -- to provide some -- that to the benefit to the city. Even if you have to criticize, criticize any of our actions. That's what we're here for, you see. But making accusations like without any -- any proof. And this memo gave place to that, you see. Gave place to people doubt that what we are doing and what we -- when we inquire about an investigation, we didn't say -- we didn't ask what was going on with the investigation. We said, how long it's going to take, you see. How long it's going to take. It's our right to ask for that. It is our right to ask for -- how things are going in any -- any department and that's what the City Attorney is -- has clearly stated. And in order to clarify all of those -- I mean, accusations or lies, that's why I am moving that we get -- I mean, investigate this, either by a person that it is an expert or a couple of persons that is an expert, but they will have and we are -- we can delegate subpoena power to those people. And also I want to say this because I wouldn't be -- I mean, I'm not -- I'm going -- I'm not -- I wouldn't be honest if I didn't say this, I -- when the chief he -- I mean, he referred to us as the Cuban mafia. But I'm going to say this and I'm going to say this. If he had referred to any other ethnic group as a mafia, I know that everybody out there would jump, they will ask for his dismissal, and all of that. What I did, I personally confronted him and I told him that it was -- that was insulting. He claimed that he didn't know. At the time, I believed it. And I went publicly and I said I give him the benefit of the doubt. But then he comes with this memo and not only he accuses us of doing something that we were not doing, but also compares us with the government of Cuba, which is totally insulting to every single Cuban and every -- I mean, free loving individual, you see. That it is -- that topped it all. If he had said that of any, any other ethnic group, I know that people that now they pound their chest using your same words asking for being a -- I mean, people being understanding and people being -- I mean, for us to give him the benefit of the doubt and all of that. They would have been out there protesting and demanding that he resign. We're not doing that. I'm not doing that. What I'm doing is I want an investigation of all the allegations that he's made, all the accusations, and also of his actions. And also what's going on that created the -- all this problem that we have with the Sergeant of Arms. I want everybody to be clear of what is happening here, see. That's what 1 want. I want to clariA, what is going on in here, you see. I mean, it's very easy to come here and try to -- I mean, accuse us of doing whatever you want, I mean, that's fine. We are public officials. That is your right. But it's also our right to investigate. It's also our right to find the truth. To find the truth and let people know that there is this investigation going on and what the results are, and therefore I'm moving my -- City of Miami Page 65 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 that -- Commissioners, I'm moving my resolution and in order to have an investigating body or persons -- Commissioner Diaz de la Portilla: Well -- so we have a little bit of a debate here between the Clerk and so I want -- that we may need to separate the items. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And I think -- So I think we're going to do -- Commissioner Reyes: Okay. So let's do one and the other -- Commissioner Diaz de la Portilla: And so -- what you have -- Commissioner Reyes: They complement each other. Commissioner Diaz de la Portilla: I want to recognize -- Commissioner Reyes: They complement each other. Commissioner Diaz de la Portilla: I want to recognize Commissioner Watson, who wants to be recognized to make his comments. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And then we're going to take up your item. It's really a directive, but we have -- I think the City Attorney will then clarify, madam Attorney, you'll then clarify what that language has to look like for Commissioner Reyes' directive and then we're going to take up the Section 14 directive by Commissioner Carollo. Commissioner Reyes: Absolutely. Absolutely. Commissioner Diaz de la Portilla: Okay? So let's do it in that order. That's -- that's probably the cleanest way of doing it and we'll take it from there. Commissioner Reyes: Absolutely. I mean -- Commissioner Diaz de la Portilla: Commissioner Watson -- we'll come back. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Commissioner Watson, you're recognized. I'll come back to you. Commissioner Watson: I think I should at least make -- make a comment from this perspective and I'm looking at both the resolutions and I think sans one additional component it may very well be able to be taken up together. I mean, we'll talk about that in a second. Let me just say this, and I'll talk about us, them, the Chief and the art of the sunshine. I think very, often we're allowed to be attacked. Very often there's not a total understanding of the process. And yet, there are always a lot of procedures and processes, and sometimes we push away the fact to formalize them and even when they're formal, we still try to go around them. So I know from the very beginning the process of the chief be it formal or informal was one that was pretty much taken from the perspective of this simple analogy. If you have a team and Lebron calls to play fbr you, do you not accept the call? Well, if you accept the call you're tampering, but if you don't take the call, you can't be a champion. In our zest, in our zest, to have City of Miami Page 66 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 what we thought was the best that we could get based on all of our experiences, we were told we were getting one of the best. There was no fault. We all do that. We all hit up the Manager sometimes in our effort to really make sure that five, four, three, two, and one becomes the best, he it for a park or a station or a project or the like. We all always move under the auspices of the best. And so when it was said that we were getting a number one pick, no one had any idea that it could possibly be a Tua, and the debate still goes on about him. And so under the premise, wanting to make sure that our department is the best, because our hands are tied, our hands are tied as it relates to some of our units and we can't do what I would do. And so we accept the counsel of the people who are in charge. Now that counsel being -- or you might not know that your first round draft choice has a hairline fracture and you just drafted him, just agreed to pay him a lot of money, and yet he'll never play. Right? And so from that vantage point, under the premise of the Manager and the Mayor wanting to see the best, okay, we all overlook something. And that's not bad. The Manager was excited because he wants to see the best. The Mayor was excited because he wanted to see the best. And although they're younger than us older guys, not you -- Commissioner Diaz de la Portilla: I'm not that young anymore. Commissioner Reyes: You can point at me. Commissioner Watson: I know you're the oldest, but generally speaking, the older guys have their own instinct about what they like to see. And I can tell you and I'm glad that 1 see him today, 1 know of no other hard, passionate fighter for the citizens of Miami, Miami notwithstanding the districts and I've not always been on their side. You have sitting in the audience former Commissioner and a current Commissioner, J. L. Plummer and Joe Carollo who fights very, very, very viciously hard to always ensure that they get the best for the residents of their districts and the citizens of Miami. And so now we go around the process, okay, because there was a process and even one member of the audience sits and harangues me to all hours of the night, because we circumvented the process. But it wasn't intentionally for it to be bad. It was intentional to believe that we were going to get something very good. And so maybe we didn't ask the questions we should have. Maybe the Administration didn't do the Google work that they should have. Lord be it in this day in time where we find Google to be the source of any information that we're going to make decisions based on. But that's us. And so them, right? You the public. I got accosted the other night at 12:30 in the morning, I was out, on how I was going to stop eradicating the homeless by someone who was 22, right, who said they had been homeless. And so we are always on. We're never allowed to be off. Commissioner Carollo's phone is ringing because he has a family issue that he's trying to deal with. We're never allowed to be off. The gas station, grocery store, wherever we are we're always on. And so we always ask that you not take a singular issue, but understand we deal with hundreds of issues on a day to day basis. Then the Chief. The Chief came with all great intentions because few of us thought, maybe most thought having someone from the outside would help us make our department one of the best. And I don't know about the slither [sic] of people who was referred to who may not agree, but sometimes even the slither [sic] has a voice that should be heard. And so now what you see, dear public, as charges have been lauded at some of my colleagues, they too have to at least defend their position. And nothing's wrong with that. That's what you ask for. The democracy that we all reside under. And so the Sunshine doesn't allow us to go back in the back, beat each other up. He, I, I, him. What it allows is for us to have all of our issues in front of you. And sometimes, most times I assure you in my very short period of time, it's notpretty, but you ask for Sunshine and so we give it to you the best way we can. And so I say to you who sit today, who sat this morning, we all have an opportunity to do something that's different if in fact we make sure we adhere to procedures that allow this not to happen again and find a way to see if there's an opportunity, for our department, which is what we all care about to be better. And so City of Miami Page 67 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 as we get ready to deliberate which direction to go in, always understand you may not agree with all of us all of the time, but most of the time we all have your best interest at heart. Thank you. Commissioner Diaz de la Portilla: Very, very eloquent. Thank you, Commissioner. Madam -- Madam Attorney, can you clarify where we're at? First on Commissioner Reyes' directive? I'm sorry. Any additional comments, Commissioners? Commissioner Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: We can move it. But can we get from the City -- Commissioner Reyes: 1 move that I have (INAUDIBLE). Commissioner Carollo: Well I will second -- Commissioner Diaz de la Portilla: I'll second -- well -- Commissioner Carollo: I will second it for the purpose -- Commissioner Diaz de la Portilla: Moved by Commissioner Reyes, seconded by Commissioner Carollo. Commissioner Carollo: -- for discussion -- Commissioner Diaz de la Portilla: For clarification, Commissioner, for the sake of the entire body and the public, let's let just very quickly, the City Attorney, explain what we're doing so the people know exactly, what we're doing. Very quickly. City of Miami Page 68 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 NA.1 10813 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO ENGAGE AN INDEPENDENT INVESTIGATOR OR INVESTIGATORS (COLLECTIVELY, "INVESTIGATOR") TO INVESTIGATE THE ALLEGATIONS RAISED BY CHIEF OF POLICE ART ACEVEDO IN HIS MEMORANDUM DATED SEPTEMBER 24, 2021, ATTACHED AND INCORPORATED, AS WELL AS VARIOUS ADDITIONAL TOPICS AS SPECIFIED HEREIN; DIRECTING THE INVESTIGATOR TO ISSUE A REPORT TO THE CITY COMMISSION IN THE CITY COMMISSION'S INVESTIGATORY CAPACITY. ENACTMENT NUMBER: R-21-0405 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes, Watson ABSENT: Russell Commissioner Reyes: Yes, sir. And before we start all this, 1 mean start this meeting, I want to start by -- by addressing the memos that we received. And everybody knows about a memo that has some accusations made against, particularly, the three Cubans in this -- in this Commission. And as I always had stated, even with my campaigns, and there were many campaigns before I got elected, I always stated that we are going to have transparency in our dealings in the City of Miami. And instead of me answering, one by one, any of those accusations and allegations, I am proposing, I would say, an investigation. I want a full investigation. And that is going to be in the form of a resolution. And I want the City Attorney to please read that resolution. And it could be added, you can add, and we can -- but I think it is of the utmost importance that this, those accusations, and those, I mean statements, be thoroughly, thoroughly investigated by an outside investigator, and to that effect, I will -- I will recommend somebody and any of the commissioners can recommend anybody, but that is going to be hired by the City Attorney and will answer only to the Commission. And would have subpoena power, subpoena power where all the witnesses can call witnesses inside the City of Miami, outside of the City of Miami, from all departments. Madam City Manager [sic], could you please read. Victoria Mendez (City Attorney): Thank you for the promotion to City Manager. Commissioner Reyes: City Attorney. Ms. Mendez: I will pass that back over -- Commissioner Diaz de la Portilla: I'm not sure -- I'm not sure you really want that title today. Commissioner Reyes: No, no, no. City of Miami Page 69 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: Maybe that's a conversation to have a different day. But, and 1 can't say, City Attorney, you said statements? Can 1 say lies or I can't say that word -- use that word? Commissioner Reyes: Well, you know, it's going to be determined. It's going to be determined in that fitll investigation. And then let the chips fall where they might. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay. 1 mean -- Commissioner Diaz de la Portilla: Okay, but 1 want to make sure that I'm very clear on the record, because everything that 1 think we've said, and I'm going to recognize some other commissioners because you already started, very clear that 1 consider them lies. Outright lies. And I think it's important that we say the truth. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Publicly. Commissioner Reyes: Publicly. Commissioner Diaz de la Portilla: There's nothing private here. We're very transparent, right? So 1 want, before they read the resolution, do you want to read the resolution the Commissioner's proposing or do you want me to open the discussion -- Commissioner Reyes: Well I -- Commissioner Diaz de la Portilla: You want the resolution first? Commissioner Reyes: Let's, and then -- Commissioner Diaz de la Portilla: Okay. No, I get you. Commissioner Reyes: If I may, Mr. Chairman, after we have this resolution we can vent everything -- Commissioner Diaz de la Portilla: I understand. Commissioner Reyes: -- and we can go over this. Okay? Commissioner Diaz de la Portilla: Okay. And remember, we're not doing any public displays here today, sir. We're not doing any of that. We're going to open public comment because now we have a resolution so we're going to open public comment. Everyone's going to have an opportunity -- (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Hold on. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: I know, I know, that's why we pledge allegiance to it. We're going to have public comment so everyone can give their opinion. It's an important issue, obviously we can see, it's an important issue for our city, but the Commissioners are the duly elected officials here and those are the ones that are City of Miami Page 70 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 going to give their opinion. So what we're going to do is we're going to recognize the City Attorney to read the resolution and then we'll open up -- Commissioner Reyes: And I -- Commissioner Diaz de la Portilla: Hold on a second. Commissioner Reyes: Let me tell you, because -- Commissioner Diaz de la Portilla: -- Commissioner Carollo. Hold on. Hold on. Hold on a second. Commissioner Reyes: Sure. Commissioner Diaz de la Portilla: Let's have her read whatever it is -- Commissioner Reyes: Okay, let her read it. Commissioner Diaz de la Portilla: And then we'll open it up to you, Commissioner Carollo, and we can take it from there. Is that okay? Commissioner Carollo: Well, what I'd like to address, the steps that I think we should do, including what 1 had proposed -- Commissioner Diaz de la Portilla: So, you're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. When I called this special Commission meeting in asking this body to approve the calling of this meeting, I stated at that time that I intended to exercise and present to this body the legislative powers that the Charter gives this Commission to investigate. Section 14, Commission may investigate official transactions, acts, and conducts that include subpoena powers. Now I made that clear, and this is part of why I, in particularly, but the three of us have been targeted - Commissioner Reyes: Uh-huh. Commissioner Carollo: -- because Mr. Acevedo, I think, thought that he would intimidate me or some of us to bow down to him so he could really do whatever he pleases here. And, yes, we've always acknowledged this, he is an employee of the City Manager. However, we are the legislative body here. We're not -- Unidentified Speaker: And we're with the Chief. Commissioner Carollo: Excuse me. Can this person get taken out of here? Commissioner Diaz de la Portilla: Yes. Sergeant Garcia, can you please remove the person from the room. Commissioner Carollo: I don't know -- Commissioner Diaz de la Portilla: Thank you. I got it, Commissioner, don't worry, we're aware. Commissioner Carollo: I don't know what he said, what he wants, but, you know, we do things in America by the rule of law no matter what the opinion is. Commissioner Reyes: Absolutely. City of Miami Page 71 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: And we're going to keep that during this hearing. Having said that, what 1 respectfully would request is the following: That this would be the last thing that we deal with today. Because 1 think it's imperative that we ask the Manager a series of questions -- Commissioner Reyes: Yes. Commissioner Carollo: -- as to how we ended up with Mr. Acevedo here. And that was his right and I respect it as the Manager. At the same time, I want to go through a series of information that I've been sent on Mr. Acevedo in his tenure in California and Austin, Texas, and Houston, Texas, and inquire of the City Manager did he know any of that, what vetting he did, what background checks he made. Because all that is pertinent and it has to be placed on the record because it will show why we're here today. Commissioner Reyes: Yes. Commissioner Carollo: And then the second part that 1 would like to bring is the tenure and actions ofMr. Acevedo while he's been in the City of Miami. And you will see that it's a rerun in many respects of what happened in California and what happened in Austin and in Houston, Texas. Now, Mr. Acevedo has spoken through this eight page memo, and 1 assure you he will have the opportunity to speak again under oath at the appropriate time. It is our time now as the legislative body, and it is our right, because we're the elected officials. We're not here, as Mr. Acevedo apparently thinks, to be a decoration on the wall and have to kneel down to and agree to everything that he wants. And that's precisely if we would be intimated and back away from going forward with this meeting today that he would have accomplished. That he would have no accountability, would do whatever he pleases in the City, and this is not the way the Charter of the City of Miami reads. The Manager is in charge of employees and he has a right to hire and fire and we respect that. But this is the legislative body that's duly elected and we legislate, in particularly in budgets. That's one of the key provisions that this body has, any legislative body has. Commissioner Diaz de la Portilla: The most important one. Commissioner Carollo: Yes. And apparently Mr. Acevedo wants to take that away from us, too. Now, I propose to this Commission that we move forward on those three points. Starting by asking the City Manager the process that he did in investigating, vetting. Then I will go in and read into the record a lot of things, that's why I asked for a special Commission meeting, that needs to be aired. So what we could see, first of all, how much of that the City Manager knew or not. And secondly of all, how much of that reflects on the actions that we have seen so far from him, and actions that 1 will be discussing as reflects ofMr. Acevedo in the City of Miami. Lastly, I would respectfidly request that we then deal with Section 14 of the City Charter, and institute this Commission as an investigative panel of the City of Miami Commission with subpoena powers. Now, only when we get to that point, before we take any action in voting, is when the public has a right, by Code, to address this Chamber. And it will be only on this issue that I have stated. And we will read it into the record. In fact, I'm allowed to I'll read it now. Commissioner Diaz de la Portilla: Of course, sir. And that's exactly the way we're going to do it; Commissioner. [Later...] Commissioner Reyes: Okay, no, but what I'm saying, what I'm referring is that he's got all the agency that he mentioned that he's going to. Well, we want, we welcome an City of Miami Page 72 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 investigation. We welcome an investigation. And to that effect we're going to start an investigation. And in that investigation it also touches and includes the allegation that the Chief was in a car accident, any and all the reported misconduct, but investigate into the process and how the Chief was selected. You see? Investigate everything. Let's investigate everything. And that's what 1 am proposing. And I'm proposing that this could be reformed, added, and does not preclude to go through the process here where every single one of those lies, we can rebuke them, you see? But I want an investigation and I want an impartial and outside investigator to investigate us and investigate the Chief The process they have been doing, the process of selecting what's going on with the Sergeant -of- Arms, everything. Let's bring everything out in the open. That's what that is. And doesn't go, 1 mean doesn't preclude all the information that 1 think that should be brought out. 1 know that you have a lot of information, Commissioner, and I welcome that. I want to hear it also. Commissioner Diaz de la Portilla: I think the line of questioning that Commissioner Carollo, I'm assuming you have in place because I kind of know you, and what you have in place here is an important conversation to have -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- to the public. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: So there's no inference or no suggestion that anything's being done privately, because that's not true. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: That's an outright lie. But I think our Manager, who picked the Chief has a right I think to make a statement and say something. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Manager, the question would be where do we go from here. That's how we start. Commissioner Carollo: Well, Commissioner, can I bring us back to focus, -- Commissioner Diaz de la Portilla: But 1 want the Manager to make this -- Commissioner Carollo: -- focus on -- Commissioner Diaz de la Portilla: Yeah, we are. Commissioner Carollo: -- the day's business. Commissioner Diaz de la Portilla: But I want to make sure -- Commissioner, if I may -- I want to make sure, if you allow me, I want to make the Manager gives his point of view early on so that we understand where he stands. And we'll be very brief and then we go to a line of questions. [Later...] Victoria Mendez (City Attorney): Thank you. Commissioner Reyes would like an investigation into the process of assignment and selection of Sergeant -at -Arms and the operational procedures in place to determine their duties in general. In addition, City of Miami Page 73 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 he would want to investigate what process is in place to resolve any internal conflict or interference of Sergeant -at -Arms and their assignments. Commissioner Reyes would like an investigation into how the Chief was selected to include but not limited to any vetting of the Chief prior to employment with City, whether there was any conflict or overreach in his selection by any member of the City of Miami. The Commissioner would also like to investigate any and all misconduct by any member of the City of Miami to include elected officials and the Police Chief in relation to allegations the Chief has raised in his memo dated September 24, 2021. And he would also like an investigation into the following: The allegation that the Chief was in a car accident and any and all reported misconduct by the Chief at the police department. Thank you. Commissioner Diaz de la Portilla: You have an amendment, Commissioner Carollo, to that, for now, or do you want to have a line of questioning? Commissioner Carollo: It's read into the record. The only thing that I respectfully request, that we vote upon all this at the end. Commissioner Diaz de la Portilla: Yes, sir, absolutely. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Commissioner Reyes wanted it to be read into the record, it's read into the record. Commissioner Reyes: It's read into the record. Commissioner Carollo: Very good. Commissioner Diaz de la Portilla: And we're done with that for now. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: We have public comment and everything else coming, but Commissioner Carollo, you're recognized. Commissioner Reyes: You have the floor. Commissioner Diaz de la Portilla: You have the floor. [Later...] Commissioner Carollo: Right. But ifI could just briefly? I'd just like to add to -- Commissioner Diaz de la Portilla: Okay. You're recognized. Commissioner Carollo: -- this friendly amendment to number four, investigate the following, the allegation that the Chief was in a car accident. B) Any and all other reported misconduct by the Chief and I would add or any other employee. Commissioner Diaz de la Portilla: Or any other employee. Commissioner Carollo: Of the City of Miami. Commissioner Reyes: (INAUDIBLE). City of Miami Page 74 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: We're adding or any other employee. So what we have in front of us it's a public record or any other employee. Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: You have that up here already. Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: How many, you know -- Commissioner Diaz de la Portilla: No, it doesn't put it together. That's something else. What Commissioner Carollo is talking about is a Section 14 issue that we're going to talk about now in a minute. This is only an addition that he's making. Commissioner Reyes: I accept the amendment. Commissioner Diaz de la Portilla: So I guess it's an amendment accepted by the maker of the motion, and seconded by Commissioner Carollo. Madam Attorney, explain for the purpose -- really more for the public, so they know -- that our transparent effort here to make sure everybody knows what we're doing. Victoria Mendez (City Attorney): Right. I just need to clarify something for the record. Is the resolution that 1 read into the record proposed by Commissioner Reyes -- Commissioner Diaz de la Portilla: Yes, ma'am. Ms. Mendez: -- the one that you have live right now? Commissioner Carollo: Yes. Commissioner Diaz de la Portilla: Yes, ma'am. That's the one we have live right, this one that you saw? Commissioner Reyes: With an amendment. Commissioner Diaz de la Portilla: As amended. Commissioner Reyes: With an amendment. Amended by Commissioner Carollo. Commissioner Diaz de la Portilla: As amended by Commissioner Carollo. Ms. Mendez: All right. And I must -- Commissioner Diaz de la Portilla: It reads as a directive in front ofine. That's what I'm reading. So it's not a resolution, right, its a directive. So that's the issue. Ms. Mendez: Right. We would memorialize it into a resolution. Commissioner Diaz de la Portilla: Let's memorialize it into a resolution, so that's what we 're doing. Ms. Mendez: If -- after you vote on it. Commissioner Diaz de la Portilla: Okay. City of Miami Page 75 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Ms. Mendez: Now 1 guess the second question I just need to ask you, will you he utilizing this resolution in order to empanel, for lack of a better description, pursuant to Section 14 of the Charter? Is that what you're doing? Commissioner Reyes: That's -- Commissioner Diaz de la Portilla: The disagreement that exists -- Ms. Mendez: Okay. That's why -- Commissioner Diaz de la Portilla: But hold on a second -- Ms. Mendez: -- I need to ask. Commissioner Diaz de la Portilla: Clerk Hannon came to me and said that it's cleaner to do it separately, as two different items. Commissioner Reyes: Yes, yes. Commissioner Diaz de la Portilla: That's what he said to me. So you guys need to get an agreement of what you think we should do. Okav? Ms. Mendez: I'm just asking questions. Commissioner Diaz de la Portilla: Well okay then. Then he can answer. Commissioner Carollo: It's two separate -- Commissioner Diaz de la Portilla: It should be two -- it's two separate issues. We're going to deal with this one first. Is that okay? Ms. Mendez: Yes. Commissioner Diaz de la Portilla: All right. So let's vote on it, right? Any additional discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Opposed nay. Aye. Okay. It passes unanimously. Now we're going to go to Section 14 -- [Later... ] Commissioner Carollo: Can -- Commissioner Diaz de la Portilla: This meeting -- Commissioner Carollo: Yeah, no, before it's over -- Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: -- Mr. Manager, I don't know if my Chief of Staff spoke to you on a problem we all of a sudden got, and, you know, it's funny how the Police Chief throws out those words now, targeting and all this stuff and stuff that we, as part of our responsibility to do. But -- but we were starting I believe today, a new form of going out and reaching out to the public to vaccinate people in Little Havana. We had planned this with considerably enough time with Fire and Police so they could City of Miami Page 76 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 participate and the assistance that we needed. This is monies that we will get reimbursed from the feds anyway, because it's part of the ivhole Covid-19. And all of a sudden, for the first time, the Commander was telling my Chief of Staff the police couldn't help, they didn 't have enough people in my district to help. And this is exactly what all of us fear and are concerned that this kind of game will be started to be played where our residents will be the ones that will be hurt. And if that's not targeting, I don't know what is. So ifI could ask you, and I think each one of the members of this body would do the same, to please make sure that the normal process of police cooperation that we require in each of our districts is not going to be affected because the Chief wants to get back at us. And 1 went on today with his whole history of how he's done that in other places. I haven't touched yet on how 1 think he's been doing it here. But this was very troubling for me when 1 found out late yesterday evening. I don't know how it ended up, but please, Mr. Manager -- Mr. Noriega: It has been resolved, first of all. It was resolved this afternoon. Commissioner Carollo: Thank you. Mr. Noriega: What created the issue, ultimately, was when the application was submitted for the event the City wasn't listed as a co-sponsor, which created a bunch offees that sort of enumerated as a part of that and in particular this particular process with off duty, but it's been resolved. Commissioner Carollo: Yeah, but that's not what we're told had nothing to do with any of that. It had to do that they didn't have the personnel. Mr. Noriega: I don't -- I can't speak -- there were -- there's more than just police that were involved in this. So -- Commissioner Carollo: It was. Mr. Noriega: -- in it's totality, the issue really resolved the problem. The original application for the event just didn't list the City as a co-sponsor, which would have automatically -- Commissioner Carollo: Regardless, Mr. Manager -- Mr. Noriega: Yeah. Commissioner Carollo: Can you please be sure that there is not going to be any retaliation against any of our districts where it would be our residents that would be hurt because Mr. Acevedo is not happy with us? Thank you. Commissioner Diaz de la Portilla: Thankyou, Commissioner. Meeting's adjourned. Ms. Mendez: Okay. So it's adjourned adjourned, right? Yes, okay. Thankyou. City of Miami Page 77 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 NA.2 10816 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 14 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DESIGNATING THE CITY COMMISSION AS AN INVESTIGATIVE COMMITTEE ("COMMITTEE") AND APPOINTING COMMISSIONER JEFFERY WATSON AS THE CHAIR OF THE COMMITTEE; TASKING THE COMMITTEE TO INVESTIGATE THE ALLEGATIONS RAISED BY CHIEF OF POLICE HUBERT ARTURO ACEVEDO ("CHIEF") IN HIS MEMORANDUM DATED SEPTEMBER 24, 2021, ATTACHED AND INCORPORATED, THE VARIOUS TOPICS IDENTIFIED IN RESOLUTION NO. R-21-0405 ADOPTED SEPTEMBER 27, 2021, AND ANY OTHER MATTER REQUESTED BY THE COMMITTEE, INCLUDING BUT NOT LIMITED TO ANY ALLEGATION OF INTERFERENCE OR OBSTRUCTION OF ANY INTERNAL AFFAIRS INVESTIGATIONS OR ATTEMPTS TO INFLUENCE THE OUTCOME OF ANY INTERNAL AFFAIRS INVESTIGATIONS BY THE CHIEF. ENACTMENT NUMBER: R-21-0406 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes, Watson ABSENT: Russell Commissioner Reyes: Now well go to the other one. Commissioner Diaz de la Portilla: Now we're going to go to Section 14 of the Charter. Commissioner Carollo, you're recognized, sir, to explain it. Commissioner Carollo: Thank you. Under Section 14 of the City Charter, whereas a Commissioner may investigate official transaction acts and conduct. The Mayor, City Commission, or any committee thereof may investigate the financial transactions of any office or department of the City government and the official acts and conduct of any City official. By similar investigations may secure information upon any matter. In conducting such investigations, the Mayor, City Commission or any committee thereof may require the attendance or witness and the production of books, papers, and other evidence and for that purpose may issue subpoenas which will be signed by the presiding officer of the City Commission or the chair of such committee as the case may be, which may be served and executed by any police officer. Commissioner Diaz de la Portilla: Right. Commissioner Carollo: Let's see. Having said that, Madam City Attorney, my motion is to establish this body under Section 14 as an investigative committee that we will be assigning the chairmanship and the one person committee, unless we require two attorneys instead of one, depending on the workload and what investigators they would hire or need to hire. The chairman of the committee would be the main attorney that we would hire. Victoria Mendez (City Attorney): I wanted to clarify something for a moment, please, just one -- City of Miami Page 78 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: No, the problem is the two items we're doing may - - they may be contradictory -- that's an issue that we're trying to address, right? Commissioner Carollo: No, no. Commissioner Diaz de la Portilla: So we're trying to see what Commissioner Reyes, or we just passed, will jell under what you're trying to do in terms of what that body is going to investigate, right? Or is it more expansive than that, right? That body could be -- you said right now, can you consolidate them at the end of the day or -- or could the investigation be more expansive? In other words, not only limited to what Commissioner Reyes brought up, if that attorney who's chairing that body and whoever other person you pick -- Commissioner Reyes: That's more -- Commissioner Diaz de la Portilla: -- does that body have the ability to be -- to look into more things, basically, in layman's terms. Ms. Mendez: Right. So -- Commissioner Diaz de la Portilla: That's kind of for my own clarification. Commissioner Carollo: Of course. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Yeah. That's kind of what I -- Ms. Mendez: So this committee is right now based on what discussion -- the discussion is for today is for official acts and conduct of any official, okay? So, we -- it's limited in that respect. You know, obviously the police department falls under all the acts that this official has to do with the police department, but that is the official acts and conduct of the City official. So, to the extent that some of the directives that have been addressed under the original Reyes motion, some may fall under that, some may not. We just need to -- Commissioner Reyes: We have -- Commissioner Diaz de la Portilla: So -- so Commissioner Carollo's proposal is -- could be all inclusive, right? Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Or more expansive? Ms. Mendez: Right. So the -- Section 14 of the Charter Committee -- Commissioner Diaz de la Portilla: Yes. Ms. Mendez: -- that would be empaneled is limited either to financial transactions, et cetera, et cetera, or the official acts and conduct of any City official. Commissioner Reyes: Okay. Commissioner Carollo: Sure. Commissioner Diaz de la Portilla: Okay. City of Miami Page 79 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Ms. Mendez: So -- Commissioner Diaz de la Portilla: But it doesn 't sound very limited to me, but -- Ms. Mendez: Right. It's pretty -- but I'm just saying that -- that it's a more focused approached and whatever of this falls under that, then it could -- Commissioner Diaz de la Portilla: Well, what do we want everything of this -- everything of Commissioner Reyes' proposal fall under that to make sure that happens, that's kind of what I'm asking. That's exactly what I'm asking. Everything that Commissioner Reyes spoke about in his memo that we have here in front of me should be included under what Commissioner Carollo's doing. That's -- Ms. Mendez: Right. So if we go though it the selection of the Sergeant -at -Arms process, to the extent that any of that is related to the Chief it falls under it. If there's another process that's not, obviously, that has to be reviewed jitrther. I don't know if it could totally be reviewed under the auspices of this. The investigation into how the Chief was selected could fall under it. We would also review that. Investigate any misconduct by any member of the City of Miami to the extent they're elected officials or officials in the City of Miami, it would fall under that. Allegations of the Chiefs car accident that would fall under it. Commissioner Diaz de la Portilla: I think it all falls under it. 1 think. I could be wrong, but that's what I think. If it doesn't, we'll come back to it and revisit. That's not a big deal, right? Ms. Mendez: Okay. Thank you. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: All right. All those -- I'm sorry. Commissioner Reyes: But, no, no -- Ms. Mendez: But I needed to -- Commissioner Reyes: But I want to -- Commissioner Diaz de la Portilla: Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. I want to -- I want to make sure, I want to make sure -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: -- that we are addressing -- Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: -- the -- all the questions raised in that memo. Commissioner Diaz de la Portilla: Yes, sir, because we already passed it so it's going to fall under -- Commissioner Reyes: Yes, no, no, but want to make sure that by -- by -- I mean, voting in favor of Commissioner Carollo's -- City of Miami Page 80 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Diaz de la Portilla: We're not limiting yours. Yes, we're going to do it as two -- we're not. But we're going to do it as two -- we're doing it as two separate things. It's up to her. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And her legal -- Commissioner Reyes: You are -- Commissioner Diaz de la Portilla: To figure out -- you know, 1 think everybody knows what we want to do here. Commissioner Reyes: But one thing that I wanted to make sure is -- Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: -- that, Madam City Attorney, that the persons that are going to do the investigation, and it's not part of the City of Miami. It's not -- Commissioner Diaz de la Portilla: I think the City Attorney 's pretty clear that she understands -- Commissioner Reyes: Okay. That's the clear -- Ms. Mendez: Now -- Commissioner Diaz de la Portilla: I think we all are. Ms. Mendez: This is the only -- right. I just need to clarify one thing for -- Commissioner Diaz de la Portilla: Okay. Ms. Mendez: -- for the record with regard to -- Commissioner Reyes: I second Carollo's motion. Ms. Mendez.: -- what Commissioner Carollo is requesting. So the -- the City Commission is looking to empanel itself as this investigative body. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Yes. Ms. Mendez: To the extent that it is the Commission that is the committee -- Commissioner Diaz de la Portilla: Yes. Ms. Mendez: But it can get an investigator to do the investigations -- Commissioner Reyes: Absolutely. Okay, that's fantastic. Ms. Mendez: -- and report back -- Commissioner Diaz de la Portilla: Correct. City of Miami Page 81 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Ms. Mendez: -- that is pretty much what it is because it is -- it's the Mayor, the City Commission, or a committee thereof which would -- Commissioner Diaz de la Portilla: It would be -- Ms. Mendez: -- technically be this Commission or the Mayor or a committee of a couple of you. So to the extent that -- but you wanted to be independent, so that's why you would get an investigator to get it and report back -- Commissioner Carollo: Well -- Commissioner Diaz de la Portilla: I think --1 think what Commissioner Carollo said that it would be a City Attorney, right? Commissioner Carollo: No, no, no, no. Commissioner Diaz de la Portilla: All right. You 're recognized, Commissioner Carollo. Commissioner Carollo: Thank you. Please listen. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: Number one, it has to be an attorney. Commissioner Reyes: Okay, an attorney. Commissioner Diaz de la Portilla: Right, yeah. Commissioner Carollo: Preferably a prosecutor. Someone that has had experience either at the federal level, preferably, or at the state level, or both, and I'm not limiting to one attorney. You could get one that's federal, one that's state, two that are federal, two that are state. But it has to be an attorney that's going to be chairing the committee. They will have, since they have the experience -- Commissioner Reyes: They will assign -- Commissioner Carollo: You speak to them and whatever additional matters, through you, we send to them or how you want to work it, Madam City Attorney, they will have the ability to write subpoenas, bring investigators when they need them -- Commissioner Reyes: Okay. That's what I wanted to hear. That's what 1 wanted to hearbring investigators. Commissioner Carollo: Even speak to expert witness to get opinions on certain matters -- Commissioner Reyes: Okay. Commissioner Carollo: -- that they might need. I don't know. Commissioner Reyes: Fantastic. Ms. Mendez: So I -- Commissioner Watson: So for clarity -- City of Miami Page 82 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Reyes: Let's -- Commissioner Diaz de la Portilla: I'm going to call on you now. Give me -- what are you going to say? Ms. Mendez: Okay. I -- need to clarify that technically it is the Commission -- Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: That's right. Ms. Mendez: -- we did a little research here and all day with regard to this. It is the Commission that sits as the committee, the investigative committee. It will turn this over to an investigator to -- or two, or three, former prosecutors with all your criteria, et cetera. However, one of you needs to sign the subpoenas. Commissioner Reyes: Okay. That's fine. Commissioner Carollo: Okay. Well, this Commission can decide which one will sign. Commissioner Reyes: Which one. Ms. Mendez: Can just whoever 1 can reach out to at that point, whatever subpoenas or the investigator -- Commissioner Carollo: Well, no, no, I think we should decide now. Commissioner Watson: Yeah. Ms. Mendez: Okay. Commissioner Carollo: Because this needs to proceed, Madam City Attorney, quickly. And let me say this, that neither I, nor do I hear any of my colleagues bringing up any names of anyone to you. So, I want you to reach out to whoever you think is out there. You might want to reach out first to former U.S. Attorneys and, you know, key prosecutors that have left the State Attorney's Office, and see who they might recommend that is out there that you could go to besides whoever you might be aware of. And it doesn't have to be the same people here that are in the first resolution that we passed. Or it can be the same ones. You know, I will leave that entirely up to your discretion in my resolution. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: But if we have to decide on one of us being the chair of this committee to sign, then we should decide here so that we can move forward as quickly as we can in this. Commissioner Reyes: I think that we should -- Commissioner Diaz de la Portilla: Can we nominate Commissioner Russell or he has to be -- does he have to be here? Commissioner Reyes: That's right. Commissioner Carollo: I think -- well I think he would have to be here. Ms. Mendez: Right. So it would have to be the Chair -- City of Miami Page 83 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: So we could know where he stands then. Commissioner Diaz de la Portilla: Because -- Ms. Mendez: It's the presiding -- Commissioner Diaz de la Portilla: Or otherwise I recommend Commissioner Watson. Ms. Mendez: So it's the presiding officer -- Commissioner Reyes: (INAUDIBLE). Ms. Mendez: The presiding officer, which is obviously the Mayor or -- Commissioner Reyes: Commissioner Watson. Ms. Mendez: -- or the chair of such committee. Commissioner Carollo: Yeah, but -- Ms. Mendez: So if you can create the chair of the committee, that would be great as well. Commissioner Carollo: Yeah, but, Madam City Attorney? Ms. Mendez: Yes. Commissioner Carollo: Okay. Let me correct you I think on something that you're missing the point. The Commission may investigate official transaction conduct. The Mayor, City Commission, or any committee thereof and it goes on. The Mayor is separate, Commission is separate. Okay? Understand that. I -- I did this once before when I was mayor. Ms. Mendez: Right. Three lines f on2 the bottom -- Commissioner Carollo: I called -- I called, under Section 14, an investigative committee precisely for something similar to this and that was on the former police chief City Manager Donald Warshaw. So, I have a little bit of experience through this process and people like this that are desperate and running scared, (FOREIGN LANGUAGE), throw all kinds of lying accusations, and I understand that. Now -- yeah. In the bottom it says, and I read that, issue subpoenas which shall be signed by the presiding officer of the City Commission or the chair of such committee. What we're doing now is we're naming the chair of such committee. Commissioner Watson has been nominated, second and third. Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: And I hope he'll be the fourth. Commissioner Diaz de la Portilla: Yes. I think we're -- Commissioner Reyes: Yes. He volunteered. Commissioner Carollo: Hey, by the way are you still wearing that guayabera or did you -- Commissioner Diaz de la Portilla: Yeah, yeah, let's give it to Watson. City of Miami Page 84 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: -- change. Commissioner Diaz de la Portilla: But just -- you know -- Commissioner Carollo: Did you change or said the same thing you had in the morning? Commissioner Reyes: Are you part of the Cuban mafia? Commissioner Diaz de la Portilla: And remember that the best power is a power not used, so just keep that in mind. Ms. Mendez: We -- we may not need any type of subpoenas, but if we do 1 just needed someone. Commissioner Diaz de la Portilla: You have him. Ms. Mendez: Thank you. Commissioner Carollo: Well for some people you would. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: For others, they might come voluntarily. You know, and I don't know what attorneys that would represent some individuals will recommend to them. If they should come under subpoena or -- or not. Butt know that there's a lot of senior police personnel that would very much be wanting to come. It is my, opinion on that. And there would be many others in the police department that would be willing to speak up. Once they know that, you know, we're not in a state of the Taliban so they have to live in fear of every action they make otherwise their hands might be chopped up or another limb. Commissioner Diaz de la Portilla: Without any further business, all those in favor, say "aye." The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Oh, I'm sorry. So it was moved by Commissioner Carollo, seconded by whom? Commissioner Diaz de la Portilla: By Commissioner Reyes. Commissioner Carollo: And before we vote, to be clear. this would be all inclusive -- Commissioner Diaz de la Portilla: Of everything Commissioner Reyes said. Commissioner Carollo: -- investigating anything from this Commission, but in particularly, but in particularly, the -- any allegations of interfering or obstruction with Internal Affairs investigations, or the trying to influence any Internal Affairs investigations, by Chief Hubert Arturo Acevedo. Commissioner Diaz de la Portilla: The motion has passed unanimously. Any further business, Commissioners? Commissioner Reyes: No, sir. Commissioner Diaz de la Portilla: Any further business? City of Miami Page 85 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 NA.3 10817 City Commission Commissioner Carollo: Yes, there -- there is. Commissioner Diaz de la Portilla: I'm sorry, sir. Commissioner Carollo: Let's vote on this, but then there is more business. Commissioner Diaz de la Portilla: We already did. I said aye. Commissioner Carollo: Okay, aye. Commissioner Diaz de la Portilla: And nay. It passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON FRIDAY, OCTOBER 1, 2021 AT 1:00 P.M. FOR THE PURPOSES OF DISCUSSING THE CITY OF MIAMI'S ("CITY") CHIEF OF POLICE, THE CITY'S BUDGETS, AND THE POTENTIAL ADOPTION OF ANY RESOLUTIONS REGARDING THE SAME. ENACTMENT NUMBER: R-21-0407 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Diaz de la Portilla, Carollo, Reyes, Watson ABSENT: Russell Commissioner Carollo: Now, gentlemen -- Commissioner Diaz de la Portilla: Commissioner Carollo, you're recognized. Commissioner Carollo: I do have a tremendous amount more business. I know that you all have business schedules. I have, I think you all know, some issues that are beyond my control that I'm dealing with. There are family. Commissioner Diaz de la Portilla: How's she doing? Commissioner Carollo: God has been good. Commissioner Diaz de la Portilla: Good. Commissioner Carollo: But it's difficult. The -- I have at least from what I'm seeing, at least 15 areas, maybe as many as 20, I don't know, that I need to go over. Now, what I would suggest is the following and since that memo made such a big deal that I and one other member of this Commission, I don't know who it was at the time, weren't present when the budget -- second reading of the budget was approved, which by the way I was not a happy camper with that, and I had conversations with the City Attorney to bring it back. Because when that happened, I was outside of this dais thinking that this was going to be going on for longer, trying to take care of some of the family issues, and then I had to go to the restroom and when I came out, they were just finishing voting. I wish the Chairman would have waited for that. There are some issues in that budget that still would have to be -- Commissioner Diaz de la Portilla: I -- I think it could be brought -- it could be revisited on the October l4th if I'm correct. City of Miami Page 86 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: I'd prefer not to on that and -- Commissioner Diaz de la Portilla: Oh, we could do a special Commission meeting. Commissioner Carollo: Yeah. This is what I'd like to see !Phis Commission would -- Commissioner Diaz de la Portilla: I need Commissioner Reyes -- Commissioner Carollo: Commissioner Reyes -- Commissioner Diaz de la Portilla: Commissioner Reyes, I need you on the dais. Commissioner Carollo: Commissioner Reyes? Commissioner Diaz de la Portilla: Commissioner Reyes? Commissioner Carollo: Angela, don't -- Commissioner Diaz de la Portilla: We need you here. Commissioner Carollo: Don't head -- Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: This will -- just for three more minutes. Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Do we want a special Commission meeting, Commissioner Carollo, to deal with the budget issues? Commissioner Carollo: Yeah, I -- Commissioner Reyes: (INAUDIBLE). (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Police budget -- police -- police budget issues. I asked that question. Was we can deal with it October I4th or whether -- Commissioner Carollo: I'd like to -- Commissioner Diaz de la Portilla: -- or whether -- Commissioner Reyes: That's fine. Commissioner Carollo: I'd like to leave it wide and -- Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: -- and what I'd like to do is the following, Madam City Attorney, please hear me. I -- let's first of all see what date because I'd like to do it no later than the 30th, so we're still in the month of September. You guys pick whichever day you want. It would have to be the 29th or the 30th for you to advertise, correct? City of Miami Page 87 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Ms. Mendez: 29th or the 30th for? Commissioner Diaz de la Portilla: That's tomorrow. That's Thursday. Commissioner Carollo: Well no, no, tomorrow's the 28th. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: The 29th is what day, Thursday. Commissioner Diaz de la Portilla: It's Wednesday or Thursday. Ms. Mendez: Right, so Thursday. Commissioner Carollo: And this would be a meeting -- Ms. Mendez: Thursday at 6:00. It would have to be Thursday at 6:00. Commissioner Carollo: Okay. Why 6:00? Commissioner Diaz de la Portilla: Well, I can't. Ms. Mendez: 72 hours. Commissioner Diaz de la Portilla: I could do Friday. 1 have an event. Commissioner Carollo: Okay. So we could do it Friday. Commissioner Diaz de la Portilla: I could do Friday. Commissioner Carollo: Okay. So Friday -- Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: And the first. Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: Okay. Well -- Commissioner Diaz de la Portilla: But I'll do Friday at 10: 00 a.m., okay? Commissioner Carollo: Okay. Friday -- Friday at 10:00 a.m. and it's to carry over the items on this special meeting that we were not finished with. Commissioner Diaz de la Portilla: Including a police budget items. Commissioner Carollo: Well no, but that's separate. Commissioner Reyes: But wait, wait, wait, wait. Commissioner Diaz de la Portilla: Well -- well, that's important. Commissioner Reyes: I want to be specific. I think -- I don't want to keep beating a dead horse. City of Miami Page 88 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: No, this is not a -- Commissioner Reyes: We -- we, hold on a second. Commissioner Diaz de la Portilla: Turn on your microphone, Commissioner Reyes, please. Commissioner Reyes: Hold on a second, Commissioner. We have dealt with the Chief of Police and all of that. I want to know specific what we're going to do that day because 1 have plans and if I'm going to change the plans -- Commissioner Carollo: I --1 will. Commissioner Reyes: Okay. Please tell me. Commissioner Carollo: There -- there are two things that 1 want to deal with. Commissioner Reyes: Okay. Commissioner Carollo: One, everything I went with is going -- and if you heard what I said when we started there were three areas -- Commissioner Reyes: Yes. Commissioner Carollo: -- that 1 said to cover. We covered two of them. We covered everything that 1 brought up in California, Austin, and Houston. We voted upon the resolutions that you presented. Commissioner Reyes: That's right. The one that you -- Commissioner Carollo: And the Section 14 that I did. What I still haven't gotten to is all the other stuff that have happened here, why we're here today. And it's a long laundry of things that need to come out. Because the public doesn't know and we need to talk this over with the Manager and go over certain things with him. Commissioner Reyes: You're talking an actual -- of past actions? Commissioner Carollo: No, no, no, I'm talking about in Miami now. Commissioner Reyes: Right, in Miami. Commissioner Carollo: In the last five plus months in Miami. Commissioner Reyes: Okay. Commissioner Carollo: And that if any one of us that would like to address this memo, then, which we really haven't had the opportunity in specifics -- Commissioner Diaz de la Portilla: You went through -- I agree with that. What you went through was the actions in Los Angeles and Austin and Houston. Commissioner Carollo: Yeah, exactly. Commissioner Diaz de la Portilla: And you want to talk about the last five and a half months in Miami. Commissioner Reyes: Miami. City of Miami Page 89 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Exactly, Miami. Commissioner Diaz de la Portilla: And that's what it's about. Commissioner Carollo: Miami. Commissioner Reyes: And -- Ms. Mendez: I believe, Commissioners, I'm sorry that I'm always putting (FOREIGN LANGUAGE), but Friday 1 believe is a Jewish holiday. We're just checking. And remember we have that resolution that we don't have Commission meetings -- Commissioner Reyes: Thursday, right. Commissioner Carollo: Well it's -- Commissioner Diaz de la Portilla: Monday. Commissioner Carollo: Okay. Can someone confirm? Commissioner Diaz de la Portilla: Yeah. Ms. Mendez: That's what I'm checking right now. Commissioner Carollo: Someone confirm. Ms. Mendez: One second. Commissioner Carollo: What Jewish holiday do you think it is? Commissioner Diaz de la Portilla: I know they have like seven in September. Ms. Mendez: I believe it's the new year. Commissioner Diaz de la Portilla: That's the big Jewish holiday month. Ms. Mendez: Give me one second. Commissioner Carollo: Do we have anybody that's the Jewish faith that could tell us here? Ms. Mendez: I'm -- I'm (INAUDIBLE). Commissioner Diaz de la Portilla: Checking right now? Ms. Mendez: Checking right now. It's Rosh Hashanah. Commissioner Diaz de la Portilla: It's Thursday or Friday? Ms. Mendez: I'm checking. I am not -- give me two more seconds. Commissioner Carollo: Can someone from my office that would -- Commissioner Diaz de la Portilla: I had -- I just had a member of the faith it was a friend of mine tell me that it is not. You're good to go for Friday he just told me. Commissioner Carollo: Rosh Hashanah passed. City of Miami Page 90 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Reyes: Good to go? Okay. Commissioner Carollo: Rosh Hashanah passed, I believe. Commissioner Diaz de la Portilla: Yeah, it already passed. Yeah, you're good to go for Friday. Trust me. It came from above. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: We're good to go. Commissioner Carollo: So we're good to go. So here -- Commissioner Diaz de la Portilla: Yeah, at 10..00. Yes, sir. Commissioner Carollo: But let me -- Madam City Attorney, can you tell me when you two are done so we could try to finish this? (COMMENTS MADE OFF THE RECORD) Commissioner Carollo: Okay. What we want to do is to carry on this meeting into Friday so that we could cover the areas that we didn't finish in this meeting. Ms. Mendez: Then -- let me -- I believe -- okay, so there's -- so then you will be recessing this meeting. Commissioner Carollo: Right. Ms. Mendez: But are you also having a special meeting to talk about the budget or are you just going to have a -- Commissioner Carollo: Well that's -- no, no, no, no, no -- Ms. Mendez: -- an amendment based on your discussions? Commissioner Carollo: Well no, no. We're carrying on this meeting. Ms. Mendez.: Okay. Commissioner Diaz de la Portilla: It's -- it's a recess is what it is. Commissioner Carollo: It's a recess. Commissioner Diaz de la Portilla: Yeah, okay. Ms. Mendez: Okay. Commissioner Carollo: But we're also adding to, because the language here was not clear that I'm seeing now. Ms. Mendez: Right. We can't add. Commissioner Carollo: Any other -- Ms. Mendez: So we recess this one and then we also have a special meeting concurrent with this meeting -- City of Miami Page 91 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Okay. Then -- Ms. Mendez: -- to address the other items. Commissioner Carollo: Okay. And then -- and then when that meeting is finished, we will have another special meeting back to back on it that will cover the following, unless you tell me they could be covered here. Because here says discussion of police and -- okay, and adoption of any pertinent resolutions. Then it says Chief of Police and adoption of any pertinent resolutions. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: If -- can -- based on that can we discuss any other police matters that might or might not include the Chief? I don't know. Ms. Mendez: So for special meetings, we just have to be specific what you want the other special meeting to be about. Commissioner Carollo: Okay. Ms. Mendez: So since there are three of you here we could just say what it's going to be about and you can address it. Commissioner Carollo: Okay. Ms. Mendez: You have clear flexibility on what you want to do for the other special meeting. Commissioner Carollo: The only other thing is that besides what we have here now, Chief of Police, I in adoption of any pertinent resolutions in case there's any resolution that might come up out of it, that we could also address anything having to do with the police department. Ms. Mendez: So, I would assume that the special meeting is any and all things having to do with the police department and possible amendment of the police department budget? Commissioner Carollo: Well, on the budget, you tell me, and the Manager should weigh in on this, what would you prefer? That we do a budget amendment if it's the will of the Commission or we could have our -- well, on October 1st it would have to be a budget amendment. Commissioner Reyes: That's right. Commissioner Carollo: Because we're -- Commissioner Reyes: After October lst. Commissioner Carollo: Well, it's October 1st, so it would have to be a budget amendment. Commissioner Reyes: That's right. Commissioner Carollo: Because we're not in September. Commissioner Reyes: Oh, we are meeting on October 1st? City of Miami Page 92 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Yeah, Friday, that's the date. Yeah, it's a budget amendment. Commissioner Reyes: If it is -- if it is in October, we can amend it. Commissioner Carollo: Yeah, so it would be -- Commissioner Reyes: It would be an amendment. Commissioner Carollo: -- a budget amendment. Commissioner Reyes: Yes. Ms. Mendez: So then a special meeting to discuss the police department and a budget amendment? Commissioner Carollo: And possible -- Ms. Mendez: A potential budget amendment? Commissioner Carollo: Potential budget amendment -- amendments. Ms. Mendez: Amendments. Commissioner Carollo: Okay, amendments. Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: That will include anything in the budget. Ms. Mendez: Okay. So budget amendments, anything in the budget -- Commissioner Carollo: Well, that's right. Ms. Mendez: -- is fair game. Commissioner Reyes: Madam City Attorney, through the Chair, and Commissioners, that date I have distribution of checks, I mean, grants that we are offering those businesses in Flagler -- on Flagler Street because they are -- their businesses suffered a lot, through thatDDA (Downtown Development Authority), we are helping them. I'm going to start at 9 o'clock, so I don't think that I'm going to take that long, but I might be a little late for the meeting. Commissioner Carollo: Okay. Well then we should make it a little passed 10:00 to make sure you're here. Commissioner Reyes: Okay. Commissioner Carollo: Would 11:00 get you here in time? Commissioner Reyes: I believe so, sir. Commissioner Carollo: Okay. Because we're really going to need you here. Commissioner Reyes: Okay. Commissioner Carollo: Commissioner Watson, 11:00? Okay. So it should be at 11:00 a.m. then. City of Miami Page 93 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Okay. Everything is assigned -- Ms. Mendez: Commissioners -- Commissioner Reyes: I'm going to go to -- Commissioner Carollo: Hold on -- Ms. Mendez: There's -- there's an unsafe structures meeting that day with -- Commissioner Carollo: A what? Arthur Noriega (City Manager): An unsafe structures meeting -- Ms. Mendez: An unsafe structures meeting in chambers. Mr. Noriega: -- and we have 75 cases scheduled for that meeting on Friday. Commissioner Carollo: Well that's -- Commissioner Reyes: Thursday then. Commissioner Carollo: -- that's no problem. We could hold the meeting somewhere else. We have plenty of facilities. Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: I would offer that we hold it at Manuel Artime, if you would like, or we could hold it at Jose Marti, in the gym. Commissioner Reyes: You decide. Ms. Mendez: Okay. Video. It's a -- the video issue. Find out. Mr. Noriega: I need to -- yeah, I'll need to figure out logistically where we go, but it won't be here clearly. Commissioner Carollo: Well, what time is that safe -- unsafe structures meeting? Ms. Mendez: It usually starts at 9:00 a.m.; but they run until like 1:00. Commissioner Carollo: Until 1:00? Well, can someone get a hold of Commissioner Diaz de la Portilla, because if it runs into 1:00, you know, we should be fine then. And this way everybody's here. Okay. You've got to be careful when you go to the bathroom and they start voting and, you know. That's why we need a little more room for all these meetings and stuff in the next building we do. 1 o'clock? Okay, that's good. All right, 1 o'clock is good. So if you could make sure that we could then have that change by 1:00. Mr. Manager, can you ask whoever deals with those meetings to see if I o'clock is fine? Commissioner Watson, that's okay with you? Commissioner Watson: 1:00? Commissioner Carollo: Friday, 1:00 p.m. Commissioner Watson: Yes. City of Miami Page 94 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Commissioner Carollo: Okay. (COMMENTS MADE OFF THE RECORD) Commissioner Carollo: Okay. So, it's Friday at 1..00. The Chief of Staff of Commissioner Reyes acknowledges that it will be fine for him too. Commissioner Diaz de la Portilla: Let's make sure we get it right. We agree it's 1:00 p.m. Mr. Hannon, let me see. Whisper in my ear here, just whisper in my ear. Mr. Noriega: We -- for purposes of flexibility, we -- can we not commit to a time yet? Because that meeting's not going to be done by 1:00. Commissioner Carollo: No, well we need to commit to a time. Mr. Noriega: Yeah -- well -- Commissioner Carollo: We just can 't say -- Mr. Noriega: Yeah, I agree. Commissioner Diaz de la Portilla: Right. Mr. Noriega: But let's -- let's just agree that it's going to be an alternate location. All right? And then we'll -- Ms. Mendez: We need the location -- Commissioner Carollo: No, we have to -- Ms. Mendez: -- the time and what the meeting will be about on the notice, unfortunately. Mr. Noriega: Yeah, but the -- Ms. Mendez: Can we do it Monday? Mr. Noriega: But the notice issue -- what you've got to put the notice -- Commissioner Diaz de la Portilla: Can we do it Monday just to get rid of the problem? Mr. Noriega: -- like (INAUDIBLE) later? Commissioner Diaz de la Portilla: Can we do it Monday? That way we don't have this issue. We can meet here, we can do it at 10 o'clock and we don't have a problem with any other meetings. Commissioner Carollo: Commissioner Reyes? Commissioner Reyes: Yes, sir. Commissioner Carollo: Can we do it on Monday, the 4th? Commissioner Reyes: Huh? Commissioner Carollo: Can we do it on Monday the 4th? City of Miami Page 95 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 Mr. Noriega: They will. Commissioner Reyes: Absolutely. Commissioner Carollo: Even though -- Mr. Noriega: All right. Change -- all right, look, look -- Commissioner Diaz de la Portilla: So it's going to be Monday -- Mr. Noriega: We're not going to go through this back and forth thing. Now they say they can get me out of here by 1:00. So let's just stick to the plan. 1 o'clock. Commissioner Diaz de la Portilla: So now you want to go back. All right. Mr. Noriega: 1 o'clock Commissioner Diaz de la Portilla: 1 o 'clock on Friday. Originally planned, 1 o 'clock on Friday a special meeting and you'll outline what it is, right? Ms. Mendez: Well we're going to outline that now. Again it's -- Commissioner Diaz de la Portilla: Well, go ahead and do it, go ahead and do it because we want to go home. So go ahead and do it. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: And don't complicate it. Keep it simple. Okay? Ms. Mendez: Mr. Hannon will -- Commissioner Diaz de la Portilla: Mr. Hannon, you're recognized, sir. Please. Ms. Mendez: -- articulate it. Todd B. Hannon (City Clerk): So, what we were discussing was that rather than having to recess this meeting and reconvene it on Friday, is that the special meeting that's called for this Friday at 1: 00 p.m., correct? Can essentially encapsulate what we're doing right now is the discussion of the Chief of Police and adoption of any pertinent resolutions and any amendments to the police budget. Something to that effect. Commissioner Diaz de la Portilla: That works, that covers everything. All those in favor say aye for the special meeting. Ms. Mendez: Wait, wait, wait. I believe that -- Commissioner Diaz de la Portilla: Okay. What? Ms. Mendez: I'm sorry. Commissioner Carollo said any amendments to the whole budget, not just the police budget. Mr. Hannon: Oh, the whole budget. I'm sorry. Ms. Mendez: Right. Commissioner Diaz de la Portilla: And -- and anv amendments to the entire budget. City of Miami Page 96 Printed on 10/21/2024 City Commission Meeting Minutes September 27, 2021 ADJOURNMENT Mr. Hannon: My apologies. Understood. Commissioner Diaz de la Portilla: All those in favor for the special meeting, say "aye. " The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Nay? Mr. Hannon: And I'll say that that was moved by Commissioner Carollo -- Commissioner Diaz de la Portilla: So that's back at 1:00 p.m. Mr. Hannon: Second by Commissioner Reyes. Commissioner Diaz de la Portilla: Let me finish. Moved by Commissioner Carollo, seconded by Commissioner Reyes, 1:00 p.m. on Friday. The meeting adjourned at 6:14p.m. City of Miami Page 97 Printed on 10/21/2024