Miami-Dade Legislative Item
File Number: 102881
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File Number: 102881 File Type: Resolution Status: Adopted
Version: 0 Reference: R-83-11 Control: Board of County Commissioners
File Name: NOTIFY COMMISSIONER WHEN SERIOUS ACT OF VIOLENCE OCCURS Introduced: 12/21/2010
Requester: NONE Cost: Final Action: 2/1/2011
Agenda Date: 2/1/2011 Agenda Item Number: 11A1
Notes: Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO PROMPTLY NOTIFY THE APPROPRIATE MEMBER OF THE BOARD OF COUNTY COMMISSIONERS WHENEVER A SERIOUS ACT OF VIOLENCE IS COMMITTED IN HIS OR HER COMMISSION DISTRICT
Indexes: NONE
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/1/2011 11A1 Adopted P
REPORT: Chairman Martinez asked for the definition of serious act of violence. In response to Chairman Martinez’ request, Assistant County Attorney Gerald Sanchez stated that a definition of a serious act of violence was not provided; therefore, the County Mayor or his or her staff would determine this on a case-by-case basis. Following Chairman Martinez’ comments regarding the type of incidents reflected in the incident report, Commissioner Barreiro stated that he would work closely with the Administration to create a checklist of those incidents he would like to be informed of in his commission district. Assistant County Manager Alina Hudak informed the Board members that the Sergeant-at-Arms could circulate the checklist for incidents County Commissioners would like to be informed of in their respective Commission District. The Board proceeded to vote on this proposed resolution as presented.

Public Safety & Healthcare Admin Cmte 1/11/2011 2A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed resolution into the record. It was moved by Commissioner Heyman that the Committee forward this proposed resolution as presented. Commissioner Edmonson seconded this motion for discussion. Commissioners Edmonson, Jordan, Souto, Bell, Heyman and Chairman Diaz asked to be listed as cosponsors on this proposed resolution. Commissioner Jordan noted that an Assistant County Manager was on-call and responsible for contacting the respective District Commissioner in the event of a fire, act of violence, and other incidents. She asked the County Attorney whether this proposed resolution could be amended to require that the District Commission be notified of any catastrophe in the respective district. Assistant County Attorney Sanchez advised that the amendment offered by Commissioner Jordan would require a separate resolution. Commissioner Jordan asked Assistant County Attorney Sanchez to prepare the appropriate resolution under her sponsorship directing the Mayor or his designee to notify the respective District Commissioner of any catastrophy in his/her district. (See Agenda Item 2K, Legislative File 102879 from the January 11, 2011, Internal Management and Fiscal Responsibility Committee) Commissioner Heyman concurred with Commissioner Jordan. She noted the legislation, which initially stated significant police activity in a specific County Commission District, was changed to add Fire Rescue and gang violence. She noted as the former Chair of the Health, Public Safety and Intergovernmental Committee, she asked that the Assistant County Manager prepare this information. She noted this was an enforcement issue; that members of the Commission needed to review the existing legislation and they needed to be educated and continually updated on these matters. Commissioner Bell noted this information should be provided as internal policy or common sense; that it should not require a resolution, particularly with the advanced level of technology available today. Assistant County Manager Alina Hudak clarified that it was an internal policy to notify the District Commissioner of these incidents; however, the problem was the difference in the relationships such as how and the type of incidents individual commissioners wanted to be notified. She noted the Sergeant-at-Arms was the point person, but it would be helpful if members of the Commission could provide the Administration with clear direction in these areas. Commissioner Edmonson noted a significant number of shootings or other incidents had occurred in Commission District 3 in the last five years. She said she learned about the majority of these incidents via the media; that the Sergeant-at-Arms notified her of three (3) incidents. She said she agreed with Commissioner Heyman that this was a lack of enforcement if the legislation already existed. Assistant County Manager Hudak stated that she would meet with Commissioner Edmonson to discuss her concern later. Chairman Diaz recommended that each commissioner work with the municipalities located within their Commission District to ensure that this legislation was enforced. He also recommended that each commissioner meet with the County Administration and provide clear direction on how and the type of incidents they wished to be notified. Assistant County Manager Hudak noted with the speed of the mass media and technology, oftentimes these incidents were being broadcast as she was being notified by the Police Department (MDPD) Communications Bureau. Commissioner Jordan noted that the process for notifying commissioners changed when the County shifted to a Strong Mayor form of government, and the County Commission needed to establish a formal policy and process for reporting these incidents/events. Mr. James Loftus, MDPD Director, stated that the Department had been working on an information protocol for events beyond the acts of violence. Mr. Loftus said the Department would provide each commissioner with a checklist of events, and once that list was completed, he would ensure that they were notified based on their individual preference. Assistant County Manager Hudak noted protocol had been established for emergency management. Commissioner Bell suggested Commissioner Barriero consider withdrawing this proposed resolution, and come back with a more comprehensive proposal as suggested by Commissioner Jordan. She stated that she would like to be notified of all major events and of major interest to her, including audit findings published in the newspaper. Hearing no further comments or questions, the Committee proceeded to vote to forward this proposed resolution as presented.

County Attorney 12/30/2010 Referred Public Safety & Healthcare Admin Cmte 1/11/2010

County Attorney 12/21/2010 Assigned Gerald K. Sanchez

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO PROMPTLY NOTIFY THE APPROPRIATE MEMBER OF THE BOARD OF COUNTY COMMISSIONERS WHENEVER A SERIOUS ACT OF VIOLENCE IS COMMITTED IN HIS OR HER COMMISSION DISTRICT

BODY
WHEREAS, the Board of County Commissioners is the legislative and governing body of the County and is responsible for, among other things, the provision of police and fire protection; and
WHEREAS, the Board of County Commissioners is composed of thirteen members representing single-member Commission districts; and
WHEREAS, County employees, residents and visitors are occasionally the victims of serious acts of violence; and
WHEREAS, the Commission believes that the Mayor or his or her designee should promptly notify the appropriate County Commissioner whenever a serious act of violence is perpetrated in his or her Commission district,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Mayor or his or her designee is directed to promptly notify the appropriate County Commissioner whenever a serious act of violence is perpetrated in his or her Commission district.



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