HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #10813
Date:
Commission Meeting Date: 09/27/2021
Type:
Subject:
Requesting Department: City Commission
Sponsored By:
District Impacted: All
Resolution
Direction to the City Attorney - Investigation into Chief of Police Allegations
Budget Impact Analysis
Item has NOT an Expenditure
Total Fiscal Impact:
Office of the City Attorney
City Commission
Legislative Division
Office of Management and Budget
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Maricarmen Lopez
Maricarmen Lopez
Valentin J Alvarez
Leon P Michel
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Reviewed B
Attorney Review
Meeting
Legislative Division Review
Budget Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Skipped
Completed
Completed
Completed
Completed
Completed
Completed
09/27/2021 11:58 AM
09/27/2021 10:00 AM
09/29/2021 9:25 AM
09/30/2021 3:12 PM
10/04/2021 2:28 PM
10/12/2021 10:18 AM
10/12/2021 10:40 AM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0405
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 10813 Final Action Date:9/27/2021
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.
WHEREAS, the City Commission has empaneled itself as a Committee of the City
Commission of the City of Miami ("City") pursuant to Section 14 of the Charter of the City of
Miami, Florida, as amended ("City Charter"), and the same is hereby appointed and created as
an investigative committee ("Investigative Committee") pursuant to Section 14 of the City
Charter; and
WHEREAS, the Investigative Committee shall consist of the following members of the
City Commission:
Honorable Alex Diaz de La Portilla
Honorable Ken Russell
Honorable Joe Carollo
Honorable Manolo Reyes
Honorable Jeffery Watson; and
WHEREAS, the City Commission has appointed Commissioner Jeffery Watson as the
Chair of the Investigative Committee pursuant to Section 14 of the City Charter for purposes of
issuing subpoenas; and
WHEREAS, the City Commission has instructed the City Attorney to engage an
independent investigator(s) ("Investigator") to carry out the investigation into the matters
described herein; and
WHEREAS, the City Commission will not have an actual role in the investigation except
as described herein by forming itself, signing the subpoenas, and divesting its investigative
powers to the independent Investigator; and
WHEREAS, the City Commission shall not conduct the investigation itself; and
WHEREAS, the Investigator shall conduct the investigation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Attorney is hereby directed to engage an Investigator to investigate:
(1) the allegations raised by Chief of Police Art Acevedo ("Chief") in his memorandum dated
September 24, 2021, attached and incorporated as Exhibit "A" ("Memorandum"); (2) the process
of assignment and selection of sergeant -at -arms, the operational procedures in place to
determine their duties in general, and the process to resolve any internal conflict/or interference
of sergeant -at -arms in their assignments; (3) how the Chief was selected, including but not be
limited to, any vetting of the Chief (prior to employment with the City) and/or whether there was
a conflict or overreach in the selection by any employee or official of the City; (4) any and all
misconduct by any employee or official of the City (including but not limited to elected officials
and the Chief) in relation to the allegations raised in the Chief's Memorandum; (5) the allegation
that the Chief was involved in an automobile accident that was not properly reported; and (6)
any and all other alleged misconduct by the Chief.
Section 3. The Investigator(s) shall issue its independent findings to the City
Commission/Investigative Committee at the conclusion of the investigation, who will in turn,
pass it on to the City Manager, without any action, other than possible discussion.
Section 4. This Resolution shall be effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 10/12/2021