LTC 063-2009 Murano Incident - Mayor on the Move Topic Raised~~F~`E'U'FC7
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OFFICE OF THE CITY MANAGER
NO. LTC # 063-2009 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager C\~
DATE. March 9, 2009 U
SUBJECT: Murano Incident - Mayor on the Move Topic Raised
This Letter to the Mayor and City Commission is to provide background information
regarding an incident brought up at the Mayor on the Move meeting of February 17, 2009.
The incident in question occurred on December 5, 2008 at the Murano at Portofino
Condominium, and involved a dispute between a resident and her intoxicated guest. The
Police Department was initially called by said guest requesting assistance with the retrieval
of his belongings from the resident's apartment. According to the police CAD report, the
reporter had been a guest of the resident.
During this incident, the responding officers attempted to resolve the issue concerning the
guest's property while receiving information, much of it incomplete, from at least three
different sources. Confusion is typically the state of affairs in these types of situations and
resolution is often problematic. As you may imagine, establishing the residency status of an
individual at 4:00 a.m. is difficult at best. After diligently listening to all parties involved, the
officers were able to ascertain the residency status of the guest, locate his property, and
escort him out of the building.
In addition, Sergeant Gilberto Ortiz, the immediate supervisor of the officers involved, had a
lengthy conversation with the resident on the telephone to explain the officer's actions and to
allay any concerns that she had. In many cases, such as this one, officers respond to
domestic orlandlord/tenant disputes and attempt to resolve the conflict in a relatively short
period of time. This usually occurs at times when the ability to consult with experts in the
legal field is not a viable option.
It is also important to note that domestic disputes are one of the more dangerous calls police
officers routinely respond to and the safety/welfare of all parties is of course, also a priority.
In this case, the officers determined that it was important to check on the resident to ensure
her safety and well being, in spite of her request to building security to have the officers
leave the premises.
The Police Department strives to provide the highest level of service with the least amount of
intrusion and remains committed to providing policing excellence through proactive services
and interactions. It should be noted that there are Supreme Court opinions on matters
related to police actionslresponsibilities when responding to calls for service, including
domestic disturbances. For the record, the Police Department conducts roll call training as
part of an ongoing effort to keep our officers well versed on a wide variety of issues. The
issue in this matter will be included as part of that training.
JMGCNar