2017-30108 ResolutionRESOLUTION NO. 2017 - 30108
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING THOSE
PROTOCOLS TO BE CONSIDERED BY THE MIAMI BEACH POLICE
DEPARTMENT FOR THOSE INVESTIGATIONS SURROUNDING
POTENTIAL ANTI - SEMITIC MOTIVATIONS FOR CRIMINAL
OFFENSES.
WHEREAS, the Mayor and City Commission recognize that religious discrimination
continues to impact various individuals throughout the City, and that these discriminatory
practices must be eliminated; and
WHEREAS, the City hereby acknowledges the definition for anti - Semitism, which shall
include the following:
Anti - Semitism is a certain perception of Jews, which may be expressed as
hatred toward Jews. Rhetorical and physical manifestations of anti - Semitism are
directed toward Jewish or non - Jewish individuals or their property, or toward
Jewish community institutions and religious facilities.
WHEREAS, the Mayor and City Commission have identified those examples of anti -
Semitism, which will include:
a. Calling for, aiding, or justifying the killing or harming of Jews (often in the
name of a radical ideology or an extremist view of religion);
b. Making mendacious, dehumanizing, demonizing, or stereotypical
allegations about Jews as such or the power of Jews as a
collective — especially, but not exclusively, the myth about a world Jewish
conspiracy or of Jews controlling the media, economy, government or
other societal institutions;
c. Accusing Jews as a people of being responsible for real or imagined
wrongdoing committed by a single Jewish person or group, the state
of Israel, or even for acts committed by non -Jews;
d. Accusing the Jews as a people, or Israel as a state, of inventing or
exaggerating the Holocaust; or
e. Accusing Jewish citizens of being more loyal to Israel, or to the
alleged priorities of Jews worldwide, than to the interest of their
own nations.
WHEREAS, the Mayor and City Commission recognize that there exist specific examples
of anti - Semitism that relates directly to Israel, which examples include:
a. Demonizing Israel by using the symbols and images associated with
classic anti- Semitism to characterize Israel or Israelis, drawing
comparisons of contemporary Israeli policy to that of the Nazis, or
blaming Israel for all inter - religious or political tensions;
b. Applying a double standard to Israel by requiring behavior of Israel that is
not expected or demanded of any other democratic nation, or
focusing peace or human rights investigations only on Israel; or
Delegitimizing Israel by denying the Jewish people their right to self -
determination, and denying Israel the right to exist; or
c. However, criticism of Israel similar to that levied against any other
country cannot be regarded as anti- Semitic.
WHEREAS, the Mayor and City Commission hereby establish these protocols to be
utilized for investigating whether there has been a violation of Federal or State law, and the
Miami Beach Police Department shall take into consideration the definition of anti - Semitism for
purposes of determining whether the alleged violation was motivated by anti- Semitic intent,
consistent with those federal or state statutes prohibiting hate crimes.
WHEREAS, this established policy will not be construed to diminish or infringe upon any
right protected under the First Amendment to the Constitution of the United States, or the
State of Florida's Constitution.
WHEREAS, the Miami Beach Police Department should consider potential anti- Semitic
motivation for criminal offenses in order to ensure the safety and well -being of its Jewish
community; and
WHEREAS, the Miami Beach Police Department will consider this definition in
investigating crimes, in a manner consistent with the federal hate crime statute, 18 U.S.C.
§249 and the state hate crime statute, Fla. Stat. §775.085, as both may be amended from time to
time; and
WHEREAS, the Mayor and City Commission have declared and determined that this
Resolution will serve to establish those protocols for the Miami Beach Police Department, which
are in the best interest of the City's visitors and residents in order to protect the public health,
safety and welfare.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby establishes those protocols
to be considered by the Miami Beach Police Department for those investigations surrounding
potential anti- semitic motivations for criminal offenses.
PASSED and ADOPTED this /3 day of December, 2017.
ATTEST:
Iber, Mayor
APPROVED AS TO
FORM & LANGUAGE
EXECUTION
Ls, I-)
Rafael Granado, City Clerk
Coy- rl sl 17
City Attorney Date
MIAMI BEACH
Resolutions - C7 S
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: December 13, 2017
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ESTABLISHING THOSE PROTOCOLS TO BE
CONSIDERED BY THE MIAMI BEACH POLICE DEPARTMENT FOR THOSE
INVESTIGATIONS SURROUNDING POTENTIAL ANTI - SEMITIC MOTIVATIONS
FOR CRIMINAL OFFENSES.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Gongora, the above- referenced Resolution is
submitted for consideration by the Mayor and City Commission at the December 13, 2017
Commission meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora and Co- Sponsored by Commissioner RickyArriola
ATTACHMENTS:
Description
D Establishing Protocols for MBPD Investigations on Potential Anti-Semitic Criminal Offenses
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