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LTC 172-2011 Police Officer Terminations - July 3, 2011 Incidents m MIAMIBEACH OFFICE OF THE CITY MANAGER NO. LTC # 172 -2011 LETTER TO COMMISSION TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 8, 2011 SUBJECT: Police Officer Terminations — July 3, 2011 Incidents The purpose of this Letter to the Commission (LTC) is to inform the Mayor and City Commission of the terminations of Officers Derik Kuilan and Rolando Gutierrez effective today. As you may know, the City initiated the disciplinary process of the aforementioned officers immediately following the incidents reported on July 3, 2011. The Miami Beach Police Department (MBPD) and Human Resources Department investigated and completed the Intent to Discipline, which was served on each officer on July 6, 2011. Pursuant to due process requirements and rights provided in State law, Pre - determination Hearings (part of the required termination process) were held this morning with Officers Kuilan and Guitierrez and representatives from the City's Police and Human Resources departments. As a result of this proceeding and after conferring with the Mayor and Police Chief, I have signed the final disciplinary action, which resulted in the termination of the two (2) officers. Attached for your information is a press release that was provided to the media to notify them of the City's actions. At the request of the media, the Mayor, the Police Chief and I made ourselves available for comments to the media this afternoon to address any questions regarding these terminations. The City is cooperating with the Miami -Dade State Attorney's Office in their ongoing criminal investigation into the alleged actions pertaining to this matter. Please contact me if you have any additional questions. JMG /RI /DM C: Carlos Noriega, Police Chief Raymond Martinez, Assistant Police Chief Ramiro Inguanzo, Human Resources Director F: \CMGR \$ALL \LTC 2011 \LTC PD Officer Terminations 7 8 2011 docx r- r te — rn (1) - D < 1. 1 ts rn Q1 MIAMIEEACH Carlos Noriega . r , poLicE _`_ Chief of Police , www.miamibeachfl.gov NEWS RELEASE FOR IMMEDIATE RELEASE Contact: Det. Jenny Velasquez Phone: 305.219.9836 PIO# 2011 — 041 Two Officers Involved in Separate July 3rd incidents Terminated MIAMI BEACH, July 8, 2011 — Pursuant to due process requirements and rights provided in State law, Pre - determination Hearings (part of the required termination process) were held this morning with Officers Derik Kuilan and Rolando Gutierrez, and representatives from the City's Police and Human Resources departments. At the conclusion of the hearings, the disciplinary actions were finalized and both officers were terminated from City employment, effective immediately. It should be noted that this process is separate and apart from the ongoing criminal investigation into the alleged actions of former Officer Kuilan currently underway by the Miami -Dade County State Attorney's Office (SAO). The MBPD continues to work closely and is cooperating fully with the SAO's investigation. "1 will not tolerate misconduct from any member of this department that in any way, shape or form betrays the public's trust," said Chief Carlos Noriega. NOTE: MAYOR MATTI HERRERA BOWER WILL BE PROVIDING COMMENTS AT 2:00 P.M. TODAY, JULY 8, 2011, AT CITY HALL, 1700 CONVENTION CENTER DRIVE, 4 FLOOR LARGE CONFERENCE ROOM.