2014-28583 Resolution I
RESOLUTION NO. 2014-28583
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CONSENTING TO AND
CONFIRMING THE APPOINTMENT OF DANIEL J. OATES AS THE
CHIEF OF POLICE FOR THE CITY OF MIAMI BEACH, FLORIDA, AND
APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EMPLOYMENT AGREEMENT WITH DANIEL J. OATES,
FOR HIS EMPLOYMENT AS CHIEF OF POLICE.
WHEREAS, current Chief of Police, Raymond Martinez, announced his
retirement from the City of Miami Beach; and
WHEREAS, Chief Oates' track record in law enforcement demonstrates that he
has the leadership skills necessary to lead the Police Department; and
WHEREAS, as a result of the recruitment process undertaken by the City
Manager himself, Chief Oates has emerged as the person best suited to lead the City of
Miami Beach Police Department; and
WHEREAS, pursuant to Article IV, Section 4.02 of the City of Miami Beach
Charter, the City Manager has the power to appoint directors of the City departments
with the consent of the Mayor and the City Commission; and
WHEREAS, if confirmed the City of Miami Beach expects Chief Oates and his
family to relocate from Colorado to the City of Miami Beach; and
WHEREAS, the City Manager and Chief Oates have negotiated an Agreement of
Employment, attached and incorporated as Exhibit "A" hereto;
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby consent to and confirm the appointment of Daniel J. Oates as the
Chief of Police for the City of Miami Beach, further approve and authorize the Mayor and
City Clerk to execute the attached Employment Agreement with Mr. Oates for said
position.
PASSED and ADOPTED this 301h day of April, 2014.
ATTEST:
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Philip L i ayor
R fael E. Granado City �� APPROVED AS T
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INCORP � &FOR EXECUTION
ORATED:
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. �•• f City Attorn ate
EXHIBIT A
EMPLOYMENT AGREEMENT
This Agreement made this c ay of , 2014 by and between the City of Mo
Miami Beach, a municipal corporation existing under the laws of the State of
Florida, (the "CITY"), and Daniel J. Oates, ("EMPLOYEE") .
Whereas, pursuant to the authority granted the City Manager in accordance
with the provisions of City Charter Section 4.02(b), the CITY agrees to employ
EMPLOYEE, and EMPLOYEE agrees to accept employment with the CITY, in
the position of Chief of Police of the City of Miami Beach Police Department
for the Term of this Agreement.
NOW THEREFORE,the parties do mutually agree as follows:
1.) DUTIES
The CITY agrees that the said EMPLOYEE shall be the Chief of Police of the
City of Miami Beach Police Department, reporting to the City Manager.
EMPLOYEE shall have all of the rights, duties and obligations, consistent with
the rights, duties and obligations afforded other City Department Directors
under the City's Charter and Code including, without limitation, Sections 2-
191, 2-192, and 2-193 of the City Code.
The EMPLOYEE agrees to faithfully and dutifully perform the duties of the
position of Chief of Police. The duties of the EMPLOYEE shall include, but
not be limited to,the following;
The EMPLOYEE shall supervise the daily operations of the Police
Department.
The EMPLOYEE shall prepare the Police Department budget and
submit funding proposals to City officials, in accordance with the
CITY's established budget submittal and review policies and
-procedures,-as same may be amended from time to time,
The EMPLOYEE shall supervise all Police Department personnel.
The EMPLOYEE shall give reports to appropriate City officials, either
orally or in writing, when requested or required by the City
Commission or the City Manager, in order to ensure proper
communication between the Police Department and City officials.
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The EMPLOYEE shall be responsible for all departmental expenditures,
disbursements, and collected funds, in accordance with federal, state
and local laws and administrative policies and procedures.
The EMPLOYEE shall manage all equipment, including motor vehicles
and weapons, assigned to the Police Department.
The EMPLOYEE shall establish uniform specifications for officers of
the Police Department. Such uniform specifications shall set out the
items comprising the uniform, as well as grade, quality, and/or number
or units of each item so specified.
The EMPLOYEE shall establish weapons and ammunition
specifications for the Police Department. The officers of the Police
Department shall carry only those weapons and ammunition authorized
by the EMPLOYEE.
The EMPLOYEE shall be responsible for all training programs for
Police officers and other departmental personnel, safety programs, and
any other educational programs developed by the Police Department.
The EMPLOYEE shall be in charge of all reserve police officers in the
City, in accordance with City Code Sections 2-241 through 2-243
The EMPLOYEE shall have the responsibility for planning, organizing,
directing, staffing, and coordinating police operations. Subject to the
provisions of the applicable collective bargaining agreement and the
Personnel Rules for the Classified Service, if and where applicable, the
EMPLOYEE will have the authority to assign the shifts and duties of all
department personnel, and shall have the authority to discipline
department personnel.
The EMPLOYEE shall formulate department rules, regulations and
procedures for the Police Department, subject to, where applicable and
where required, (i) approval of the CITY, through its City Manager or
the City Commission; and (ii) the applicable collective bargaining
agreement.
The EMPLOYEE or his designee shall be available for hearings before
the City Commission and/or any agency board, or committee of the City
at which the Police Department is required or requested to appear.
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The EMPLOYEE shall be responsible for communications with the
public through the media on matters relating to crime, police
operations, and criminal justice.
2.) HOURS OF WORK
The EMPLOYEE will devote his full working time to his duties as Chief of
Police and to the discharge of his official duties. EMPLOYEE shall remain in
the exclusive service of the CITY, as long as the Agreement remains in full
force and effect, and shall not engage in outside employment. The term
"outside employment" shall not be construed to include teaching. The
aforementioned notwithstanding, should the EMPLOYEE elect to teach, prior
to engaging in this activity, he will file an outside employment request for
prior review and written approval by the City Manager. The EMPLOYEE
understands and accepts that such approval needs to be obtained in advance
and renewed on a yearly basis.
It is recognized that the nature of the EMPLOYEE'S duties may require him to
attend to the business of the City outside of normal office hours and, to that
end, the EMPLOYEE shall be allowed to take time off as he and the City
Manager mutually agree upon and deem appropriate during said normal office
hours. Such time shall not be eligible for financial reimbursement, nor shall it
constitute a financial liability for the CITY upon the EMPLOYEE'S separation
from service.
3.) SALARY AND PERFORMANCE REVIEW
The CITY shall pay the EMPLOYEE an initial salary of $207,500 per year (the
Salary). The CITY agrees that the Salary of the employee will be reviewed as
of October 1, 2014 (pro-rated), and every year thereafter for the Term of this
Agreement. Any adjustments in Salary will be dependent upon a satisfactory
evaluation of the EMPLOYEE'S performance by the City Manager in his sole
discretion. The individual performance plan used by the City Manager in
conducting a performance review of the EMPLOYEE will include review of
performance measures, goals and objectives, jointly agreed upon by the
EMPLOYEE and the City Manager.
In the event that the City Manager determines that the performance of the
EMPLOYEE is unsatisfactory in any respect, he shall describe in writing and
in reasonable detail, specific instances of unsatisfactory performance. The
evaluation shall include recommendations as to areas of improvement in all
areas where the City Manager deems performance to be unsatisfactory. A copy
of the written evaluation shall be delivered to the EMPLOYEE. The
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EMPLOYEE shall have the right to make a written reaction or response to be
included in the EMPLOYEE'S personnel file.
The CITY agrees that it shall not at any time during the Term of this
Agreement reduce the Salary (including any adjustments thereto made
pursuant to this Section 3), or other compensation or financial benefits of the
EMPLOYEE, as set forth in this Agreement, unless concomitant reductions are
applied to all members of the City Manager's senior management team.
4.) AUTOMOBILE CLOTHING ALLOWANCE AND OTHER EQUIPMENT
The CITY agrees that the EMPLOYEE'S duties require that he shall have the
exclusive use and assignment, during his employment, of an unmarked City
automobile of the same make and model of the police cruisers used by the
Police Department. Said vehicle shall be affixed with confidential license
plates. The vehicle will also be equipped with an automatic vehicle locator
pursuant to City policy. The CITY shall be responsible for the purchase,
insurance, maintenance, repair, gas, tolls and regular replacement of said
automobile.
The CITY shall provide all required uniforms to the EMPLOYEE at no charge
to the EMPLOYEE. The EMPLOYEE shall receive an initial clothing allowance
equal to that of a newly hired police officer within thirty (30) days after the
Commencement Date (as defined in Section 14 hereof), and shall thereafter
receive an annual uniform allowance equal to that of sworn members of the
command staff in the Police Department.
The City agrees that the EMPLOYEE shall also receive all department-issued
equipment, such as, but not limited to, service handguns and protective body
armor.
The EMPLOYEE will receive a stipend of$100 per pay period for purposes of a
cellular telephone for professional and personal use.
The CITY will provide the EMPLOYEE with a notebook computer and an iPad
for professional and personal use.
5.) RESIDENCE, RELOCATION AND HOUSING ALLOWANCE
(a) The EMPLOYEE agrees that during the Term of this Agreement, his
principal residence shall be in the City of Miami Beach.
(b) The CITY will pay and/or reimburse EMPLOYEE reasonable moving
expenses, including travel, in an amount not to exceed$20,000.
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(c) The CITY will pay the EMPLOYEE, during the Term of this Agreement,
a housing allowance in the amount of$2,000 per month.
(d) In the event the EMPLOYEE elects to terminate his employment prior to
the end of the Term of this Agreement, the Employee shall be obligated to
reimburse the CITY for the moving expenses and housing allowance paid to
the EMPLOYEE hereunder, in accordance with the schedule set forth below:
(i) If prior to 12 months of service hereunder, 100% of the aggregate
amount received;
(ii) After 12 months,but prior to 24 months of service hereunder, 50%
of the aggregate amount received; and
(iii) After 24 months of service hereunder, no reimbursement shall be
due.
6.) RETIREMENT BENEFITS
(a) The CITY will recognize the EMPLOYEE as a sworn member of the City
of Miami Beach Police Department. Accordingly, it will undertake to
petition the Florida Criminal Justice Standards and Training
Commission (CJSTC) for the EMPLOYEE to be granted a permanent
exemption from recruit training based upon EMPLOYEE'S past
training. Said petition shall be undertaken as expeditiously as possible
so that the EMPLOYEE may begin to come in compliance with the
requirements. The CITY shall pay for any training required by the
CJSTC.
(b) The CITY will contribute $150 per pay period, a maximum of $3,900 per
year,to a deferred compensation plan on the EMPLOYEE's behalf.
7.) VACATION/SICK LEAVE
The EMPLOYEE will be credited with 12 administrative leave days as of the
Commencement Date of this Agreement, and will accrue vacation thereafter in
accordance with the Leave Ordinance for the Unclassified Service,
incorporated herein by reference. Vacation may be accrued to the maximum
called for in the Leave Ordinance for the Unclassified Service. If the
EMPLOYEE is separated from service for any reason prior to the use of
vacation days earned, the EMPLOYEE shall be paid for such unused vacation
days at the time of termination in accordance with the Leave Ordinance for the
Unclassified Service. Upon separation of employment,the EMPLOYEE may be
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compensated for unused annual or vacation leave in accordance with the
provision of the Leave Ordinance for the Unclassified Service.
The EMPLOYEE shall receive the same paid holidays as those received by
other unclassified employees of the City of Miami Beach.
On the Commencement Date of this Agreement, the EMPLOYEE shall also be
credited with 12 administrative leave days for sick leave purposes, and will
thereafter accrue sick leave in accordance with the Leave Ordinance for the
Unclassified Service. Upon separation of employment,the EMPLOYEE may be
compensated for unused sick leave accrued in accordance with the provisions
of the Leave Ordinance for the Unclassified Service.
8.) INSURANCE
The EMPLOYEE shall receive the same health and dental insurance benefits as
those granted to all other CITY employees who elect to be covered by the
Fraternal Order of Police Health Trust or any of the CITY's Health Insurance
Plans, as the EMPLOYEE may elect. The EMPLOYEE shall be eligible to
enroll in any such plans immediately upon employment hereunder.
The EMPLOYEE shall be eligible to be covered by the CITY's life insurance
program available to general employees. Such basic life insurance is equal to
one year's salary, and the CITY will subsidize the premium at the same rate it
subsidizes all other general employees (currently 50% of the premium).
EMPLOYEE shall be eligible to purchase additional life insurance up to
$500,000, or five (5) times his annual salary, whichever is lower. Any
additional life insurance over $250,000 is subject to underwriting. The CITY
does not subsidize the premium for additional life insurance.
9.) INDEMNIFICATION
The City shall indemnify and defend EMPLOYEE or, at its option, provide a
defense to EMPLOYEE, against claims arising out of and in the course and
scope of his employment or function, consistent with, and to the extent of,
Florida law under Chapter 111, Florida Statutes, and a public official's right to
a defense against claims arising from their performance of their public duties
performed while serving a public purpose under the common law of Florida.
10.) PROFESSIONAL DEVELOPMENT
The CITY recognizes its obligation to the professional development of
EMPLOYEE, in his capacity as the Chief of Police for the City of Miami Beach.
The CITY agrees to provide funds necessary to pay for the professional dues
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and subscriptions of the EMPLOYEE for his membership and full
participation in national, state, and local associations necessary and desirable
for his continued professional growth and advancement, including but not
limited to, the International Association of Chiefs of Police, the Police
Executive Research Forum, the Criminal Intelligence Coordinating Council,
the National Academy of Public Administration, the Florida Chiefs of Police
Association and the Major Cities Chiefs Association.
The CITY agrees that the EMPLOYEE shall be given adequate opportunities to
develop his skills and abilities as a law enforcement administrator. The
EMPLOYEE will be allowed, if his duties at the City permit, to attend the
annual conferences of the International Association of Chiefs of Police, the
Florida Chiefs of Police Association and the Police Executive Research Forum,
without loss of pay or benefits. The EMPLOYEE shall be reimbursed by the
CITY for all proper expenses incurred while attending these conferences, in
accordance with the CITY's guidelines, provided prior approval is granted by
the City Manager. The CITY also agrees that that the EMPLOYEE will be
allowed to attend symposiums, seminars, courses and institutes that are
necessary for his professional development or are requested to offer his advice
to other agencies of government and that he will be reimbursed f or any proper
expenses incurred while attending such events in accordance with the CITY's
guidelines,provided prior approval is granted by the City Manager.
11.) OTHER TERMS AND CONDITIONS OF EMPLOYMENT
The CITY recognizes that the EMPLOYEE may wish to reorganize the
command staff and that, in order to facilitate the EMPLOYEE'S accountability,
it is necessary that he be able to select his own senior subordinates,which may
be recruited from outside the ranks of the City of Miami Beach Police
Department.
12.) OBLIGATIONS WITH RESPECT TO PAST EMPLOYMENT
The CITY recognizes the need for the EMPLOYEE to assist the City of
Aurora in concluding certain outstanding legal matters stemming from his
service to Aurora as its police chief, including personnel hearings and other
unresolved litigation in which the City of Aurora is a party. To the extent
reasonable and necessary, and subject to prior written notice to and approval
of the City Manager of Miami Beach, the EMPLOYEE will be excused from
duty to assist the City of Aurora and attend to these matters. The CITY further
recognizes that the EMPLOYEE may be needed to assist in and be in
attendance for some portion of the upcoming trial of the defendant in the July
20,2012 theater shooting in Aurora, and to the extent reasonable and necessary,
and subject to prior written notice to and approval of the City Manager of
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Miami Beach, the CITY will allow the EMPLOYEE to be excused from duty for
this purpose..
13.) SEVERABILITY OF PROVISIONS
If any clause or provision of this Agreement shall be determined to be invalid
or against public policy, the remainder of this Agreement, to the extent
allowed by law, shall not be affected thereby.
14.) DURATION OF AGREEMENT (TERM);TERMINATION
The parties agree that the appointment of the EMPLOYEE shall be for a five (5) OTO
year term, commencing on June 1J 2014 (Commencement Date), and ending
on June 22019, unless terminated earlier pursuant to the provisions of this
Agreement (the Term).
Notwithstanding the Term, EMPLOYEE agrees and acknowledges that he is
employed at will and serves at the pleasure of the CITY. This Agreement and
his employment may be terminated by the CITY, acting through its City
Manager, at any time during the Term of the Agreement, and for any reason, or
for no reason, upon sixty (60) days prior written notice to EMPLOYEE.
In the event the employment of the EMPLOYEE is terminated by the CITY,the
CITY agrees to pay the EMPLOYEE a lump sum severance payment equal to
twenty (20) week's Salary, including any adjustments thereto pursuant to
Section 3 hereof (the Severance Payment), and thereafter CITY shall have no
further liability to EMPLOYEE whatsoever. The EMPLOYEE, however, shall
not be entitled to any severance payment in the event he is terminated for
cause.
In the event the EMPLOYEE intends to voluntarily resign employment from
the CITY before the expiration of the Term of this Agreement, then the
EMPLOYEE shall give the CITY sixty (60) days prior written notice, unless the
parties otherwise agree in writing, and no Severance Payment shall be granted
to the EMPLOYEE, and the CITY shall have no further liability to EMPLOYEE
whatsoever.
If the EMPLOYEE dies during the Term of his employment, the CITY shall
pay to the EMPLOYEE'S estate all Salary which would otherwise be payable to
the EMPLOYEE (including any Salary adjustments pursuant to Section 3
hereof), up to the date of the EMPLOYEE'S death, and thereafter the CITY
shall have no further liability to EMPLOYEE'S estate including, without
limitations, EMPLOYEES'S heirs, successors, or assigns.
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15.) NOTICE
Any notice hereunder shall be effective if made by delivery, postage paid, to
the United States Postal Service or by a manner valid for personal service
under the Florida Rules of Civil Procedure or by public statement on the
record during a meeting of the City Commission in the presence of the party to
whom notice is to be given. Notice, for purposes of this Agreement, is to be
given to:
CITY: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
And
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
EMPLOYEE: b 4ivrz L OA ICS,
AL A r 6z-- 9 C:h t 6
16.) NO ASSIGNMENT OR DELEGATION; NO THIRD-PARTY
BENEFICIARIES.
The services provided by EMPLOYEE pursuant to this Agreement are
considered unique and personal to him. Accordingly, EMPLOYEE may not
delegate or assign any duty, obligation, or benefit (except as provided in
Section 14 hereof, in the event of EMPLOYEE'S death during the Term of his
employment) attaching or accruing hereunder. This Agreement is entered into
and intended for the benefit solely of the CITY and EMPLOYEE and not for
the benefit of any other person or entity.
17.) ENTIRE AGREEMENT, SEVERABILITY, MODIFICATION,WAIVER.
The provisions of this Agreement constitute the entire agreement between the
Parties on its subject matter and this Agreement supersedes any other
agreement, understanding, representation, or promise whatsoever.
EMPLOYEE agrees that he has relied solely upon the express language of this
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Agreement in determining whether to enter into this Agreement and not upon
any other Agreement in determining whether to enter into this Agreement and
not upon any other understanding or communication of any kind, whether
written or oral. Should a court or arbitrator of competent jurisdiction
determine that nay provision or portion thereof of this Agreement is illegal,
invalid, or unenforceable, the remaining provisions or portions thereof shall
remain in full force and effect. This Agreement may be modified only by a
writing signed by both parties and approved by the City Commission by
resolution. Waiver of any right or of any breach of this Agreement by either
party in any instance or instances shall not constitute or be construed as a
waiver in any other instance.
18.) CONSTRUCTION, GOVERNING LAW, HEADINGS.
This Agreement shall be construed according to its express language and not
strictly for or against either Party, regardless of authorship. This Agreement
shall be governed by and according to the laws of the State of Florida. Section
headings are for convenience only and shall have no legal effect.
19.) WAIVER OF JURY TRIAL
CITY and EMPLOYEE knowingly, irrevocably voluntarily and intentionally
waive any right either may have to a trial.by jury in State or Federal Court
proceedings in respect to any action, proceeding, lawsuit or counterclaim
based upon this Agr eement or the performance of the Service thereunder.
20.) ATTORNEYS FEES/JURISDICTION/VENUE/GOVERNING LAW
The Agreement shall be construed in accordance with and governed by the
law of the State of Florida.
The parties submit to the jurisdiction of any Florida State or federal court in
any action or proceeding arising out o f or relating to the Agreement. Venue
of any action to enforce the Agreement shall be in Miami-Dade County,
Florida.
If either the CITY or EMPLOYEE is required to enforce the terms of the
Agreement by court proceedings, the prevailing party shall be entitled to
recover from the other party all such costs and expenses, including, but not
limited to, court costs, and reasonable attorney's fees.
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IN WITNESS WHEREOF, the parties hereunto have set their hands and
seals to this instrument the date and year first above written.
Attest: CITY OF MIAMI BEACH, FLORIDA:
Raf el E. Granado, i Cleric Ph' ip Mayor
EMPLOYEE:
INCORF ORATED.
N f,, ni . Oates
Witness Signature
Print Name
Witness Signature
Print Name
APPROVED AS TO
FORM$LANGUAGE
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city At# Date
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COMMISSION ITEM SUMMARY
Condensed Title:
P A resolution consenting to the appointment of Daniel J. Oates as the Chief of Police for the City of
Miami Beach.
Key Intended Outcome of Supported:
Insist on Police Department accountability and skilled management/leadership.
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 survey data shows that 66% of our
residents rate the quality of the Police Department as excellent or good, an 18% decline when compared to
the 84% rating in 2009; 85% of resident felt very safe and somewhat safe in business commercial areas
during the evening/night, compared to 88% in 2009, a 3% decline. The environmental scan of 2013 shows
a total Part I crimes violent and property)decrease of 21.8%when compared to the 2012 data.
Item Summary/Recommendation:
The Police Department is tasked with providing and enhancing quality police services to the Miami Beach
community by promoting a safe environment through police and citizen interactions with an emphasis on
integrity, fairness, and professionalism.
Daniel J. Oates, a career law enforcement professional and a lawyer by training, began working in the field
as a police officer in 1980 and today is the Chief of Police of the City of Aurora, Colorado. The Aurora
Police Department has 670 sworn personnel and 124 civilian employees, with an operating budget of$94
million. As Chief, he is responsible for providing law enforcement services to a city with a diverse
population of 345,000 residents and covering 172 square miles.
After many conversations and appropriate inquiries, I have reached the conclusion that Chief Daniel Oates
is the best person to meet the City of Miami Beach's needs in terms of a Police Chief. Chief Oates will
make an outstanding member of my management and executive teams and contribute greatly toward
meeting your expectations from the administration of the City of Miami Beach.
Pursuant to the requirements of Article IV, Section 4.02(b) of the City Charter, it is recommended that
the Mayor and the City Commission adopt the attached resolution consenting to and confirming Daniel
J. Oates as the Police Chief for the City of Miami Beach.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sylvia Crespo-Tabak, Human Resources Department
Sign-Offs:
Department Director Assistant Cit nager City Hager
SC-T40_-1 KGB JL
/0 1 AM AGENDA. OTEM ' 7 A
- I EACH DATE 4
101AMBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
CO MISSION MEMORANDUM
TO: Mayor Philip Levine, and Members f the City ommission
FROM: Jimmy L. Morales, City Manager
DATE: April 30, 2014
SUBJECT: A RESOLUTION OF THE MAY AND THE CITY COMMISSION OF THE CITY OF
MIAMI REACH, FLORIDA, CO ELATING TO THE APPOINTMENT OF DANIEL J.
OATES, AS CHIEF OF POLICE OR THE CITY OF MIAMI BEACH
ADMINISTRATION RECOMMENDATION
Ever since my memorandum of March 6, 2014, when I communicated to you that Chief
Raymond Martinez intended to retire effective April 4, 2014, 1 have been actively reaching out to
or responding to individuals who could effectively fulfill the role of Chief of Police for the City of
Miami Beach. I also enlisted assistance from the Police Executive Research Forum in
identifying potential candidates.
After an extensive process, it is my pleasure to introduce and recommend Daniel J. Oates, for
appointment as the new Chief of Police for the City of Miami Beach.
ANALYSIS
Daniel J. Oates is currently the Chief of Police for the City of Aurora, Colorado, and has served
in that capacity since 2005. The Aurora Police Department currently has 670 police officers and
794 total employees. It provides comprehensive police services to a diverse city of 345,000
residents and 172 square miles. During his tenure, Chief Oates has overseen a 30-percent
reduction in major index crime in Aurora.
Prior to his appointment in Aurora, Chief Oates served for four years as Chief of Police and
Safety Services Administrator for the City of Ann Arbor, Michigan, where he was responsible for
all police, fire and emergency management services for a city of 114,000 that included the
University of Michigan.
Prior to going to Ann Arbor, Chief Oates served for 21 years in the New York Police
Department. He finished his NYPD career as a Deputy Chief and the Executive Officer and
second-in-command of the Patrol Borough Brooklyn South, where he supervised 3,000 patrol
officers and 700 civilians and was responsible for all patrol services for 1.4 million residents in
the City's largest borough. Between 1997 and 2001, Chief Oates served as the Commanding
Officer of the NYPD's Intelligence Division. He was a member of the Police Commissioner's
Executive Staff and served as his principal advisor on citywide security and intelligence matters.
Chief Oates' prior NYPD assignments also included serving as the chief counsel and
Commanding Officer of the Legal Bureau, the 85-attorney law office of the NYPD.
City Commission Memorandum
Consenting and Confirming to the Appointment of Dan Oates as the Chief of Police
April 30,2014
Page 2 of 2
Chief Oates is a 1977 graduate of Bucknell University with a B.A. degree in English. He was
graduated from New York Law School in 1986 and is admitted to practice law in Colorado, New
York and New Jersey. He also holds a Master's of Science Degree in Management from New
York University. He is a member and Vice-Chair of the Colorado Peace Officers Standards and
Training (POST) Board, a Past President of the Colorado Association of Chiefs of Police, and
chairperson of the Colorado Information Sharing Consortium (CISC), the statewide law
enforcement cooperative that manages a state-of-the-art data and records exchange to fight
crime. He is also a member of numerous professional associations, including the Police
Executive Research Forum and the International Association of Chiefs of Police, where he
serves on the executive committee/governing board. Chief Oates also serves on the Criminal
Intelligence Coordinating Council, the national advisory council of police chiefs and sheriffs,
created in May, 2004 to advise the U.S. Attorney General and Secretary of Homeland Security
on intelligence and security strategies in a post-9/11 world.
I have had an opportunity to speak with people in and out of law enforcement who have worked
with Dan in Aurora, Ann Arbor and New York. The assessment has been the same: he is a
great cop, a fine leader and knows how to work with all communities. He is focused on integrity
and transparency, and has been a game changer wherever he has gone. Finally, you may
recall that Chief Oates was Chief in Aurora during that horrific movie theater shooting incident.
He received local and national praise for how he handled that difficult period, and his strength
and leadership reassured his community. I think we will be fortunate to have a police chief of
his caliber to call our own.
Chief Oates' resume, with significantly more information on his accomplishments, is attached.
CONCLUSION
After many conversations and appropriate inquiries, I have reached the conclusion that Chief
Daniel Oates is the best person to meet the City of Miami Beach's needs in terms of a Police
Chief. I believe he will make an outstanding member of my management and executive teams
and greatly assist me in meeting your expectations from the administration of the City of Miami
Beach.
Pursuant to the requirements of Article IV, Section 4.02, of the City Charter, it is recommended
that the Mayor and City Commission adopt the resolution consenting to and confirming Daniel J.
Oates as the Chief of Police for the City of Miami Beach.
Attachment
JLM/KGB/SC-T
c:\users\humacres\desktop\chief of police\dan oates-chief of police-appointment memo.docx
ATTACHMENT
DANIEL J. OATES
24601 E. Ontario Drive, Aurora, Co. 80016
(303) 263-7258
E-mail: doates cr,auroragov.org
WORK HISTORY CITY OF AURORA, COLORADO
Nov. 2005 —Present Police Chief
• Chief Executive of Aurora's nationally accredited Police Department and manager of a
$94 million annual budget and 795 employees
• Responsible for all police services in the 56th largest U.S. city, with 345,000 residents and
a service area of 172 square miles that includes Buckley Air Force Base and the
University of Colorado Anschutz Medical Campus
ACCOMPLISHMENTS
• Led the Department in reducing Major Index Crime by 30 percent in eight years,
including reductions in every category measured nationally by the F.B.I.
• Brought stable leadership and new vision to the Department following demotion of
former chief and awkward 10-month period of interim leadership
• In first year in office, revitalized police-community relations in the aftermath of several
negative, high-profile police incidents; engaged officers and citizens in"community
forums"that built mutual trust and led to action plans for improving citizen interaction
and police department recruiting and diversity
• Led formation of and currently serves as chairperson of the Colorado Information Sharing
Consortium (CISC), a collaboration of chiefs and sheriffs that has built a state-of-the-art
network for sharing and analyzing law enforcement data to fight crime across Colorado
• Implemented a comprehensive anti-gang initiative that gathers, analyzes and integrates
gang intelligence with coordinated street operations, leverages state and federal partners
and resources, and offers an annual, transparent report on gang activity to the community
• Successfully pursued creative changes in city charter and personnel rules,thereby
achieving reform in long-criticized Civil Service processes for hiring and promotion;
changes have included greater flexibility in recruit testing and in the appointment and
removal of Civil Service commissioners, an improved oral assessment process, added
recognition for second-language skills and a process for merit selection in executive ranks
• Created a police/citizen mediation process to resolve complaints against officers
• Created and published a comprehensive annual public report on police discipline,
working in cooperation with union leadership and in response to community demand
CAREER HIGHLIGHT
Elected President of the 150-member Colorado Association of Chiefs of Police in 2009
and recipient in 2008 of the CACP's Ralph Smith Professional Innovation Award, a
coveted peer honor for statewide leadership efforts on behalf of the profession.
DANIEL J. OATES, page 2
2001-2005 CITY OF ANN ARBOR, MICHIGAN
Safety Services Administrator/Police Chief
• Chief Executive of City's Police, Fire, Emergency Management, Code Enforcement and
Public Safety Communications services
• Responsible for$35 million annual budget and 325 employees
• Service area included 26 square miles, with 114,000 residents, 37,000 University of
Michigan students and a total daytime population over 200,000
ACCOMPLISHMENTS
• Appointed Safety Services Administrator within a year of hire as Police Chief(retaining
Police Chief title and responsibilities) and given a lead role in a new senior management
team charged with making sweeping change to downsize and improve city government
• Cut costs and streamlined police, fire and emergency management by merging
administration, budget, payroll, purchasing, technology and other support services
• Reduced major index crime by 13 percent and violent crime by 24 percent in three years;
implemented COMPSTAT crime-reduction strategies throughout AAPD
• Reduced complaints against police officers by 26 percent in three years, and markedly
improved the AAPD's standing with all elements of the community
• Balanced the Police FY 01-02 budget, despite $1.1 million in unbudgeted costs due to
early retirements and contract settlements; saved $700,000 more in PD/FD 02-03 budgets
• Served twice as Interim Fire Chief, implementing long overdue reforms and cost-cutting
measures (upheld in subsequent arbitrations)that closed one fire house and reduced daily
staffing without diminishing essential services
• Totally revamped emergency management, installing new leadership and overhauling
security and threat planning; implemented new, comprehensive all-hazards response
plans for emergencies, natural disasters and threats to the City's critical infrastructure
• Successfully led the AAPD through a comprehensive racial profiling study, conducted by
a nationally recognized expert, which found no evidence of profiling and was deemed
among the best results ever achieved nationally in such a study
• Achieved a cost-cutting merger of Police and Fire radio operations; built a$1.3 million
state-of-the-art 911 Public Safety Communications facility, opened in February, 2005
• Created a new Community Standards Unit to perform all city code enforcement(e.g.,
parking, garbage, sidewalks, vegetation, cabaret, snow and ice, etc.), providing "one-stop
shopping" for council and citizen complaints and prompt, consistent response
• Successfully negotiated a breakthrough agreement with the firefighters' union, achieving
new language on staffing, discipline, promotions, mutual aid, etc., that saved $800,000 a
year; eliminated wasteful Fire Department runs, reducing calls for service by 17 percent
DANIEL J. OATES,page 3
1980-2001 NEW YORK CITY POLICE DEPARTMENT
2001 Deputy Chief, Executive Officer, Patrol Borough Brooklyn South
• Second in command of 3,000 police officers and 700 civilians
• Responsible for all patrol services for 1.4 million residents, including all crime-reduction
and community-policing initiatives
• Service area included 49 square miles and 13 police precincts
• Retired after 5 months in this assignment and 21-year NYPD career to accept
appointment as Chief of Police in Ann Arbor
1997-2000 Deputy Chief, Commanding Officer, Intelligence Division
• Commander of 365 police officers, detectives, supervisors and civilian staff
• Reported directly to the Police Commissioner, serving on his Executive Staff as the
principal advisor on citywide security and intelligence matters
• Planned and implemented NYPD's security for the President of the United States, all
world leaders, dignitaries, VIP guests and high-threat visitors to New York City, and
coordinated appropriate security for all major public events
• Served as the NYPD's principal coordinating official and liaison to foreign governments
and to the United Nations' diplomatic corps
• Served as the NYPD's principal liaison on all security and intelligence matters to the
Federal Bureau of Investigation, U.S. Secret Service, U.S. State Department, Interpol and
other local, federal and international law-enforcement agencies
• Conducted the NYPD's most sensitive investigations into threats to public security and to
the Mayor, public officials and police officers
• Coordinated and supervised the 24-hour protection for the Mayor and his family and for
other high-ranking government officials
• Designed, staffed and maintained an innovative new 24-hour Regional Intelligence
Center with personnel from the NYPD and local, state and federal law enforcement
• Designed and implemented new systems to collect, analyze and disseminate criminal
intelligence on violent street gangs and on organized crime and criminal enterprises
• Worked with U.S. State Department and New York City Commission for the United
Nations to update, redesign and implement a comprehensive new NYPD training program
on privileges and immunities of diplomatic and consular personnel working in New York
CAREER HIGHLIGHTS
Designed and oversaw the successful implementation of the NYPD's comprehensive
security plan for the United Nations Millennium Summit(September, 2000), the largest
gathering of world leaders in history; subsequently recognized by the U.N. Secretary
General, the U.S. State Department and the U.S. Secret Service for this achievement.
DANIEL J. OATES, page 4
Totally re-engineered the NYPD's Intelligence Division, modernizing and vastly
expanding the Division's data systems, reshaping its investigative, threat-assessment and
dignitary-protection functions, building a new$3 million headquarters, and creating a 24-
hour Intelligence Center, a modern Gang Intelligence Unit, and a paperless process for all
41,000 police officers to report criminal intelligence.
1994-1996 Deputy Inspector; Commanding Officer, Legal Bureau
• Director of the NYPD's law office, including its 85 lawyers and 40 support staff
• Served as counsel to the Police Commissioner and his Executive Staff
• Initiated and supervised the litigation of approximately 1,500 actions annually in
forfeiture and nuisance abatement
• Served as the Department's expert on criminal procedure and First Amendment law
• Prepared and/or approved all legal training for the agency's 41,000 sworn officers
• Prepared and/or approved all agency correspondence on legal matters
• Supervised the Legislative Affairs Unit, which oversaw the NYPD's local, state and
federal legislative agenda; briefed and prepared the Police Commissioner and other
NYPD witnesses appearing before the City Council and other legislative bodies
• Represented the NYPD in sensitive negotiations with other government agencies and the
private sector; served as in-house counsel on all civil law issues, including: human rights
and equal employment litigation; hiring, discipline,termination and other personnel
matters; contract negotiations; defense and disclosure of sensitive records, etc.
CAREER HIGHLIGHT
Led the successful campaign to win the Ford Foundation's 1995 Innovations in American
Government Award for the NYPD's "Civil Enforcement Initiative." Raised the number
of nuisance-abatement actions and court-ordered closings of gambling, auto chop shop,
prostitution and narcotics locations from less than 50 to nearly 500 annually.
1980-1994 Other NYPD Employment
s Varied field and staff assignments in the ranks of police officer through Captain,
including patrol in three Manhattan precincts, community relations, law, personnel
management, teaching in the Police Academy, supervising narcotics investigations and
coordinating training for the 1,000-member Narcotics Division.
EDUCATION NEW YORK LAW SCHOOL
9/82-5/86 Degree: Juris Doctor, cum laude, June, 1986
9/91-9/93 NEW YORK UNIVERSITY
Robert F. Wagner Graduate School of Public Service
Degree: Master of Science (Management), September, 1993
DANIEL J. OATES, page 5
9/73-5/77 BUCKNELL UNIVERSITY
Degree: Bachelor of Arts (English), cum laude, May, 1977
1993 COLUMBIA UNIVERSITY
Graduate School of Business: "The Police Management Institute," an
eight-week certificate program in progressive management theory that
serves as the NYPD executive corps' elite leadership training
2007 F.B.I. NATIONAL EXECUTIVE INSTITUTE
BAR State of Colorado
ADMISSIONS State of New York
State of New Jersey
U.S. District Courts for the Southern and Eastern Districts of New York
and the District of New Jersey
NATIONAL Criminal Intelligence Coordinating Council
PROFESSIONAL The national advisory council of law enforcement executives, created in
AFFILIATIONS 2004 to advise the U.S. Attorney General and Secretary of Homeland
Security on intelligence and security strategies in a post-9/11 world
International Association of Chiefs of Police
Member, Executive Committee (IACP's Governing Board)
Member, IACP Police Investigative Operations Committee
Member, IACP Narcotics and Dangerous Drugs Committee
Police Executive Research Forum
Board of Advisors, Long Island University Homeland Security
Management Institute, and adjunct professor of constitutional law
COLORADO Vice-Chair, Colorado Peace Officer Standards and Training(POST) Board
AFFILIATIONS Member, Colorado Association of Chiefs of Police (CACP);
Past President and Past Chairperson of Legislative Committee
Chairperson, Colorado Information Sharing Consortium
Chairperson, Board of Directors, Denver-Area Metro Gang Task Force
Member, Executive Board, Rocky Mountain High Intensity Drug
Trafficking Area(HIDTA)
CIVIC Board Member, Aurora Symphony Orchestra
ASSOCIATIONS Board Member, Open Door Youth Gang Alternatives
Member, Aurora Rotary Club
PERSONAL Birth date: January 2, 1955, in Hackensack,N.J.
DATA Married: Nancy Boecker Oates in 1978; two children
REFERENCES Furnished upon request
MIAMI BEACH
OFFICE OF THE CITY CLERK
State of Florida
County of Miami-Dade'
I, Daniel Oates, a citizen of the State of Florida and of the United States of America,
and being employed by or an officer of the City of Miami Beach and a recipient of
public funds as such employee or officer, do hereby solemnly swear or affirm that I
will support the Constitution of the United States and of the State of Florida; and that I
will well and faithfully perform the duties of Police Chief of the City of Miami Beach.
Daniel Oates
Sworn to and subscribed before me this 11 th day of June, 2014
Raf el E. Gran of Esq.
City Clerk
F:\CLER\CLER\OATH\Oath Daniel Oates Police Chief.doc
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MIAMI BEACH
OFFICE OF THE CITY CLERK
State of Florida
County of Miami-Dade
I, Daniel Oates, do solemnly swear that I am lawfully and properly qualified to hold
the office to which I have been appointed, and that I will support protect and defend
the Constitution and government of the United States and of the State of Florida
against all enemies; and will bear true faith, loyalty and allegiance to the same; and
further that I will protect and serve to the best of my ability as a law enforcement
officer all people who reside or come within my jurisdiction; and that I will perform all
the duties of a Police Officer of the City of Miami Beach; that I will fairly and justly
enforce its laws and the laws of the State of Florida and the United States. So help
me God.
Daniel Oates
Sworn to and subscribed before m ZthWis 1 th day of June, 2014
r Klip Levine
a
F:\CLER\CLER\OATH\Oath Daniel Oates Police Chief signed by Mayor Levine.doc