The URL can be used to link to this page

Home My WebLink AboutPre-LegislationA! G.P City of Miami �* ,rl.Legislation Resolution: R-16-0076 File Number: 16-00151 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/25/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, AND THE UNITED STATES DEPARTMENT OF JUSTICE ("DOJ"), RELATING TO THE OVERSIGHT OF THE CITY OF MIAMI POLICE DEPARTMENT'S PRACTICES AND POLICIES CONCERNING THE USE OF DEADLY FORCE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER AGREEMENTS NECESSARY IN ORDER TO CARRY OUT THE INTENT OF THE AGREEMENT WITH THE DOJ; WITH FUNDS FOR EXPENSES ASSOCIATED WITH AGREEMENT ALLOCATED FROM ACCOUNT CODE NO. 00001.191501.534000. WHEREAS, on November 17, 2011, the United States Department of Justice ("DOJ") initiated an investigation of the City of Miami Police Department limited to the use of deadly force by police officers; and WHEREAS, representatives from the DOJ and the City of Miami ("City") have engaged in negotiations related to a resolution of the pending investigation which avoids the necessity of federal court litigation; and WHEREAS, the DOJ and the City have agreed to enter into a written agreement ("Agreement") with the goal of ensuring that police services continue to be delivered to the people of the City in a manner that fully complies with the Constitution and laws of the United States, effectively ensures public and officer safety, and promotes public confidence in the Miami Police Department, which Agreement will terminate on or before March 15, 2020; and WHEREAS, the DOJ and the City have agreed to designate Jane Castor, former Police Chief for the City of Tampa, Florida to serve as an independent reviewer charged with the responsibility of overseeing the City's compliance with the Agreement; and WHEREAS, the Office of the City Attorney has negotiated and reviewed the terms of the proposed Agreement and recommends the parties conclude the DOJ's investigation by execution of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized {1} and directed to execute an Agreement, in substantially the attached form, between the City and the DOJ, relating to the oversight of the MPD's practices and policies concerning the use of deadly force. City of Miami Page 1 of 2 File Id: 16-00151 (Version: 1) Printed On: 311412017 File Number: 16-00151 Enactment Number: R-16-0076 Section 3. The City Manager is further authorized {1 } to negotiate and execute any other agreements necessary in order to carry out the intent of the Agreement with the DOJ, with funds for expenses associated with the Agreement allocated from Account Code No. 00001.191501.534000. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1 } The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 16-00151 (!Version: 1) Printed On: 311412017 A! G.P Cit of Miami City Hall Y 3500 Pan American Drive ii1s1 wid Legislation Miami, FL 33133 °` ¢ www.miamigov.com °= Resolution: R-16-0206 File Number: 16-00420 Final Action Date: 4/28/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CITY OF MIAMI COMMUNITY ADVISORY BOARD TO PROVIDE OVERSIGHTAND FEEDBACK TO THE CITY OF MIAMI POLICE DEPARTMENT ("MPD") AND THE INDEPENDENT REVIEWER PURSUANT TO THE TERMS OF THE AGREEMENT ENTERED BETWEEN THE CITY OF MIAMI AND THE UNITED STATES DEPARTMENT OF JUSTICE RELATING TO THE OVERSIGHT OF THE MPD'S PRACTICES AND POLICIES CONCERNING THE USE OF DEADLY FORCE; STATING THE BOARDS MEMBERSHIP SELECTED BY INDEPENDENT, NONPARTISAN CO -FACILITATORS KATY SORENSON, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE GOOD GOVERNMENT INITIATIVE; MARIBEL BALBIN, PRESIDENT OF THE LEAGUE OF WOMEN VOTERS MIAMI-DADE; HILTON NAPOLEON, ATTORNEYAND COMMUNITY ADVOCATE, RASCO, KLOCK, PEREZ, & NIETO, P.L.; AND LEROY JONES, EXECUTIVE DIRECTOR OF NEIGHBORS AND NEIGHBORS ASSOCIATION; STATING THE BOARD'S PURPOSES, POWERS, DUTIES, COMPOSITION, RULES OF PROCEDURE, MEETING, QUORUM, ASSIGNMENT OF PERSONNELAND PUBLIC NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 17, 2011, the United States Department of Justice ("DOJ") initiated an investigation of the City of Miami Police Department's ("MPD") use of deadly force by police officers; and WHEREAS, the DOJ and the City of Miami ("City") negotiated an agreement related to a resolution of the DOJ's investigation which avoids the necessity of federal court litigation; and WHEREAS, the DOJ and the City agreed on the terms of a written agreement ("Agreement") with the goal of ensuring that police services continue to be delivered to the people of the City in a manner that fully complies with the Constitution and laws of the United States, effectively ensuring public and officer safety, and promotes public confidence in the MPD, which Agreement shall terminate on or before March 15, 2020; and WHEREAS, the City Commission adopted Resolution No. 16-0076, on February 25, 2016, authorizing and directing the City Manager to execute the Agreement relating to the oversight of the MPD's practices and policies concerning the use of force; and WHEREAS, under the terms of the Agreement, Section VII, entitled "Community Oversight", requires the City to convene a community board of civilian City residents who will provide oversight and feedback on policies and practices pertaining to use of deadly force to the MPD and to the Independent Reviewer retained by the City to oversee the Agreement's implementation; and WHEREAS, the authority of the community board of civilian City residents is listed in the Agreement; however, the City is tasked with establishing the number of members and a mechanism to ensure that membership of the board is representative of a cross-section of communities in the City; City of Miami Page 1 of 4 File Id: 16-00420 (version: 2) Printed On: 311412017 File Number: 16-00420 and Enactment Number: R-16-0206 WHEREAS, the City Commission has deemed it necessary to create an independent Community Advisory Board ("CAB"), with membership comprising a broad cross-section of the community, to aid in the City's efforts towards compliance with the terms of the Agreement and development of best policies and practices pertaining to the MPD's use of deadly force; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City's Community Advisory Board is hereby established. Section 3. Purpose, powers and duties. The CAB is hereby established to provide oversight and feedback to the MPD and the Independent Reviewer pursuant to the monitoring agreement entered between the DOJ and the City. The CAB will leverage the insights and expertise of the community to address policing concerns and promote greater transparency and public understanding of the MPD. The CAB shall be authorized to: (a) Advise the Chief of Police on strategies and training to improve community relations and MPD responsiveness to community concerns; (b) Work with the Chief of Police to establish and carry out community public safety priorities; (c) Provide the community with information on the Agreement and its implementation; and (d) Receive and convey to the MPD and the DOJ public comments and concerns, in addition to MPD's civilian complaint system. Section 4. Membership Composition, Selection, and Qualifications; Term of office and vacancies. (a) The CAB shall consist of thirteen (13) voting members who are residents of the City and shall serve without compensation. (b) Each of the CAB's thirteen (13) members will be selected by the following independent, nonpartisan co -facilitators: Katy Sorenson, President and Chief Executive Officer of the Good Government Initiative; Maribel Balbin, President of the League of Women Voters Miami -Dade; Hilton Napoleon, Attorney and Community Advocate, Rasco, Klock, Perez, & Nieto, P.L.; and Leroy Jones, Executive Director of Neighbors and Neighbors Association. The co -facilitators will develop an application process and select the thirteen (13) members from a pool of candidates nominated by community organizations, as well as individual self -nominations, who represent a diverse cross-section of the community and who meet the requirements for board members under Section 2-884 of the Code of the City of Miami, Florida, as amended. The thirteen (13) members selected by the co -facilitators must be approved by majority vote of the Commission. (c) Any vacancies on the CAB will be filled by the co -facilitators through a similar application process as that outlined above, including approval by a majority vote of the Commission. City of Miami Page 2 of 4 File Id: 16-00420 (!Version: 2) Printed On: 311412017 File Number: 16-00420 Enactment Number: R-16-0206 (d) Members of the CAB shall serve for the duration of the CAB as specified in Section 8 herein. Section 5. Meetings; Attendance requirements; Officers; Quorum and voting. (a) All meetings of the CAB shall be noticed and open to the public. (b) It is expected that all appointed members of the CAB attend each meeting. Absences and attendance requirements for members of the CAB shall be governed by Section 2-886 of the Code of the City of Miami, Florida. (c) At the initial organizational meeting, the members of the CAB shall select and designate a Chairperson and Vice -Chairperson from among the members of the board who shall serve at the pleasure of the board. The Chairperson shall reserve the right to appoint an executive committee and to delegate tasks to various subcommittees of the whole. (d) The CAB shall use Robert's Rules of Order as the rules for the conduct of their official business; provided, that in addition, the board may adopt its own order of business and rules of procedure governing its meetings, and take actions on matters within its authority, not inconsistent with the provisions set forth herein, which rules of procedure, if adopted, shall be filed with the City Clerk. (e) The CAB, any committee, and any subcommittee, if applicable, shall comply with all requirements of Chapters 119 (Public Records) and 286 (Sunshine Law), of the Florida Statutes. The minutes of each meeting shall be promptly made available by the City Clerk and such records shall be open to public inspection. (f) At all meetings, a minimum of fifty percent (50%) plus one (1) of the member seats shall constitute a quorum for the purpose of convening any meeting or conducting any business, i.e. seven (7) members present. An affirmative vote of not less than fifty percent (50%) plus one (1) of the members present at any meeting is required for any action to be taken by the members. Section 6. Legal advisor. The Office of the City Attorney shall provide legal counsel to the CAB as may be necessary and requested by the CAB. Section 7. Administrative assistance. It shall be the duty of the City Manager to provide full cooperation and sufficient personnel for administrative necessary support to the CAB, including assignment of a particular person to act as liaison and secretary to the CAB. Section 8. Abolition of the Community Advisory Board. The CAB shall automatically sunset three hundred sixty-four (364) days after its creation, and every year thereafter, unless extended in three hundred sixty-four (364) day increments by majority vote of the City Commission but in no event shall the CAB operate beyond the term of the Agreement. Section 9. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} City of Miami Page 3 of 4 File Id: 16-00420 (!Version: 2) Printed On: 311412017 File Number: 16-00420 Footnotes: Enactment Number: R-16-0206 {1 } If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File Id: 16-00420 (!Version: 2) Printed On: 311412017