Resolution 2024-33120 RESOLUTION NO. 2024-33120
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AUTHORIZING THE CITY ATTORNEY TO EXECUTE
A MEMORANDUM OF UNDERSTANDING (MOU), BETWEEN THE CITY AND
THE UNITED STATES ATTORNEYS OFFICE FOR THE SOUTHERN DISTRICT
OF FLORIDA (USAO-SDFL), WITH THE FOREGOING MOU PROVIDING FOR
THE APPOINTMENT OF ONE (1) MUNICIPAL PROSECUTOR TO BE CROSS-
DESIGNATED AS A SPECIAL ASSISTANT UNITED STATES ATTORNEY
(SAUSA), IN ORDER TO PROSECUTE SELECT MIAMI BEACH CRIMINAL
CASES IN FEDERAL COURT, ON A PART-TIME BASIS, TIME-PERMITTING
AND SUBJECT TO PRIORITIZING AND MANAGING ALL ASSIGNED
MUNICIPAL PROSECUTORIAL DUTIES.
WHEREAS,the City of Miami Beach (the"City")is committed to maintaining and enforcing
the rule of law, while reducing crime and the number of repeat offenders within the City; and
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted Resolution
No. 2017-30023, which authorized the City Attorney's Office to commence the in-house Municipal
Prosecution Program, by and through a City municipal prosecution team, of those individuals
exclusively charged with violating one (1) or more of the City's criminal ordinances; and
WHEREAS, the United States Attorney's Office for the Southern District of Florida (the
"USAO-SDFL") represents the United States government in criminal prosecutions of federal
offenses in the Southern District of Florida, including those offenses committed within City limits;
and
WHEREAS, the United States Attorney's Office possesses the authority to appoint and
extend appointments of agency attorneys as Special Assistant United States Attorneys
(SAUSAs), however, City would be the first as the USAO-SDFL has not yet done so with any
other municipality within its jurisdiction; and
WHEREAS,the City's Municipal Prosecution Program has the capacity to collaborate with
the USAO-SDFL on the identification of criminal cases that are well-suited for federal prosecution
and to enhance public safety through joint prosecutions, especially in felony cases involving
violence, firearms, and/or narcotics; and
WHEREAS, the USAO-SDFL reached out to the City Attorney's Office for support of the
U.S. Department of Justice's Project Safe Neighborhoods program, whereby the USAO-SDFL
and the City SAUSA will proactively collaborate, in an effort to combat crime and aggressively
prosecute certain federal offenses committed within the City, particularly those offenses involving
violence, firearms, and/or narcotics; and
WHEREAS, the cross designation of a City Municipal Prosecutor as a SAUSA will
enhance the government's ability to successfully prosecute these federal offenses (due to the
specific attention that the SAUSA can give to these cases), which will further enhance the City's
criminal enforcement efforts; and
WHEREAS, the SAUSA's highest priority will remain as a fully contributing member of the
City's municipal prosecution team and the prosecution of all criminal municipal ordinance violation
cases; and
WHEREAS, subject to availability and based upon the existing caseload of municipal
prosecution cases, the SAUSA will provide part-time assistance with the federal prosecution of
certain arrests effectuated by the Miami Beach Police Department; and
WHEREAS, the City Attorney's Office recommends that the Mayor and City Commission
authorize the City Attorney's Office to enter into this MOU.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the City Attorney to execute a Memorandum of Understanding
(MOU), between the City and the United States Attorney's Office for the Southern District of
Florida(USAO-SDFL), with the foregoing MOU providing for the appointment of one (1)municipal
prosecutor to be cross-designated as a Special Assistant United States Attorney (SAUSA), in
order to prosecute select Miami Beach criminal cases in Federal court, on a part-time basis, time-
permitting and subject to prioritizing and managing all assigned municipal prosecutorial duties.
PASSED and ADOPTED this ac' day of auk/ , 2024.
ATTEST:
•
re.
JUL 3 2024 Steven Meiner, Mayor
Rafae' E. Granado, City Clerk 44p B,,,,
UNCORP GRATED'
(Sponsored by Mayor Steven Meiner) -, . c,;"
CH••26K'`;
Co-Sponsored by Commissioner David Suarez
APPROVED AS TO
FORM&LANGUAGE ..
CoSponsored by Commissioner Laura Dominguez &FOR EXECUTION - -
Co-Sponsored by Commissioner Joseph Magazine rzA—2y
City Attorney/ Date
fiVe
Co Spgnaored by Commissioner Alex J.Fernandez
2
Resolutions-C7 AL
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: June 26, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO EXECUTE A
MEMORANDUM OF UNDERSTANDING (MOU), BETWEEN THE CITY AND THE
UNITED STATES ATTORNEY'S OFFICE FOR THE SOUTHERN DISTRICT OF
FLORIDA (USAO-SDFL), WITH THE FOREGOING MOU PROVIDING FOR THE
APPOINTMENT OF ONE (1) MUNICIPAL PROSECUTOR TO BE CROSS-
DESIGNATED AS A SPECIAL ASSISTANT UNITED STATES ATTORNEY
(SAUSA), IN ORDER TO PROSECUTE SELECT MIAMI BEACH CRIMINAL CASES
IN FEDERAL COURT, ON A PART-TIME BASIS, TIME-PERMITTING AND
SUBJECT TO PRIORITIZING AND MANAGING ALL ASSIGNED MUNICIPAL
PROSECUTORIAL DUTIES.
ANALYSIS
The attached Resolution was prepared at the request of the sponsor, Mayor Steven Meiner.
FISCAL IMPACT STATEMENT
N/A
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s).
Mayor Steven Meiner
Page 908 of 1862
Co-sponsor(s)
Commissioner David Suarez
Commissioner Laura Dominguez
Commissioner Joseph Magazine
Commissioner Alex Fernandez
Page 909 of 1862