2016-29594 Reso RESOLUTION NO. 2016-29594
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT TO INVESTIGATE
THE SHOOTING OF ANY PERSON BY A MIAMI BEACH POLICE
DEPARTMENT LAW ENFORCEMENT OFFICER ACTING IN THE LINE OF
DUTY OR THE DEATH OF AN ARRESTED PERSON WHILE IN THE CARE,
CUSTODY OR CONTROL OF A MIAMI BEACH POLICE DEPARTMENT LAW
ENFORCEMENT OFFICER, IN ANY CASE IN WHICH A MIAMI-DADE POLICE
DEPARTMENT LAW ENFORCEMENT OFFICER IS ALSO INVOLVED IN THE
INCIDENT OR OPERATION THAT LED TO SUCH EVENT.
WHEREAS, the Miami Beach Police Department (MBPD) has a current agreement with
the Miami-Dade Police Department (MDPD) wherein the MDPD will investigate any shooting of
a person by an MBPD officer acting in the line of duty, the death of an arrestee while in the
care, custody or control of an MBPD law enforcement officer or other police-involved incident
wherein the MBPD specifically requests investigative assistance; and
WHEREAS, MBPD law enforcement officers often work with MDPD law enforcement
officers on joint task forces and initiatives; and
WHEREAS, when working jointly, an independent investigation is required following the
shooting in the line of duty of any person by a law enforcement officer from either agency, the
death of an arrested person while in the care, custody or control of any such law enforcement
officer, and other critical incidents; and
WHEREAS, the proposed Memorandum of Understanding with the Florida Department
of Law Enforcement will provide said independence and transparency under the above-listed
circumstances.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City
Manager and City Clerk to execute a Memorandum of Understanding with the Florida
Department of Law Enforcement to investigate the shooting of any person by a Miami Beach
Police Department law enforcement officer acting in the line of duty or the death of an arrested
person while in the care, custody or control of a Miami Beach Police Department law
enforcement officer, in any case in which a Miami-Dade Police Department law enforcement
officer is also involved in the incident or operation that led to such event.
PASSED and ADOPTED this /9 day of OCTOBER, 2016.
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'``'Z. T City Attorney Dote
Resolutions - C7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT TO INVESTIGATE THE
SHOOTING OF ANY PERSON BYA MIAMI BEACH POLICE DEPARTMENT LAW
ENFORCEMENT OFFICER ACTING IN THE LINE OF DUTY OR THE DEATH OF
AN ARRESTED PERSON WHILE IN THE CARE, CUSTODY OR CONTROL OF A
MIAMI BEACH POLICE DEPARTMENT LAW ENFORCEMENT OFFICER, IN ANY
CASE IN WHICH A MIAMI-DADE POLICE DEPARTMENT LAW ENFORCEMENT
OFFICER IS ALSO INVOLVED IN THE INCIDENT OR OPERATION THAT LED
TO SUCH EVENT.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Miami Beach Police Department (MBPD) has an agreement with the Miami-Dade Police
Department (MDPD) that MDPD will be the lead investigative agency whenever a Miami Beach
police officer is involved in a shooting, death in custody or other critical incident. This agreement
follows the latest best practice in policing and provides for independent investigation and
transparency when the MBPD is involved in a sensitive or critical incident that may be subject to
extraordinary public scrutiny and/or criticism. The City Commission approved this arrangement a
year ago.
The Police Department has concluded that a second, similar agreement is needed with the
Florida Department of Law Enforcement (FDLE). This will provide that FDLE will be the lead
investigative agency in circumstances when the MDPD has its own potential conflict in an event.
This could happen when both Miami-Dade and Miami Beach police officers are on scene and
jointly involved in what occurred. Miami-Dade and Miami Beach police departments regularly
conduct joint operations to catch fugitives and conduct investigations, and Miami Beach officers
have been and will continue to be involved in task force operations with Miami-Dade officers.
MDPD has its own two-year-old agreement with FDLE to have FDLE investigate its officer-
involved shootings and critical incidents.
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For all of the above reasons, it is necessary to have an agreement between the MBPD and
FDLE wherein FDLE will serve as the lead investigative agency in an officer-involved shooting
or other critical incident when the MDPD has a conflict that prevents it from filling this role. The
MDPD will still be the lead investigative agency in these situations when a conflict does not
exist.
CONCLUSION
The MOU will benefit the City of Miami Beach.
KEY INTENDED OUTCOMES SUPPORTED
Insist On Police Department Accountability And Skilled Management/ Leadership
Legislative Tracking
Police
ATTACHMENTS:
Description
❑ Reso - form approved
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