Legislative Matter

Miami-Dade Legislative Item
File Number: 201092

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Clerk's Official Copy

File Number: 201092

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-591-20

Control: Board of County Commissioners

File Name: EXPRESSING SHOCK AT DEATH OF GEORGE FLOYD; POLICE POLICIES

Introduced: 6/1/2020

Requester: NONE

Cost:

Final Action: 6/16/2020

Agenda Date: 6/16/2020

Agenda Item Number: 11A11

Notes:

Title:

RESOLUTION EXPRESSING SHOCK AND CONDOLENCES AT THE DEATH OF GEORGE FLOYD; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO SUBMIT A REPORT THAT DESCRIBES THE MIAMI-DADE POLICE DEPARTMENT’S PRACTICES, POLICIES, AND PROCEDURES RELATED TO ARRESTS, CUSTODY, PHYSICAL RESTRAINT, AND USE OF FORCE; AND DIRECTING THAT THE REPORT BE PLACED ON AN AGENDA OF THE FULL BOARD WITHOUT COMMITTEE REVIEW

Indexes:	POLICE
	SYMPATHY
	POLICY

Sponsors:	Barbara J. Jordan, Prime Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Daniella Levine Cava, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Eileen Higgins, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Dennis C. Moss, 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	6/16/2020	11A11	Adopted				P

Public Safety and Rehabilitation Committee	6/9/2020	2A	Forwarded to the BCC by the BCC Chairperson with a favorable recommendation				P
REPORT:	Commissioner Heyman stated the Community Relations Board (CRB) was properly funded and defended the Miami Dade Police Department (MDPD) and their operations. She commented there was more good than bad within the department and pointed out that MDPD had the lowest arrests on mental health individuals, and she noted the significant decrease in the number of people in jail. Commissioner Heyman called for reform instead of defunding the police Department, which would be a negative impact in the community and especially in schools. She announced her support for the police officers who were doing an incredible job, and noted accountability was the correct way to direct the issues in MDPD. Commissioner Levine Cava requested to be listed as a Co-Sponsor and noted the unprecedented number of speakers who appeared regarding this item. She noted that in government, transparency, accountability and trust were very important; and indicated she looked forward to implementing meaningful changes. Commissioner Sosa expressed condolences to all of the families that have lost loved ones. She opined that MDPD was different from the Minneapolis Police Department, but noted it was necessary to recognize the department for their ability to protect the community. Mr. Alfredo Ramirez, Director, Miami-Dade Police Department (MDPD) stated he believed in holding people accountable, and noted his support for the item, as well as the community. Commissioner Jordan commended the people that came forward to speak in support of the item; she also thanked the commissioners for their support. She commented on Mr. George Floyd’s death and similar case within to the black community. Commissioner Jordan stated she would be bringing an item to the next Board meeting for the creation an Independent Review Panel (IRP). Commissioner Jordan stated the purpose of report requested in the foregoing proposed resolution was to examine the procedures being used by the Police Department and to look for better modifications regarding the role of the Union concerning adversity She stated accountability was essential for the proper function of the police department. Chairman Martinez stated he did not agree with all of the comments presented by the speakers; however, he did respect their rights and those of the community and police officers. He spoke in support of the Miami-Dade Police Department. Hearing no further comments, the members of the Public Safety and Rehabilitation Committee proceeded to take a vote on the foregoing proposed resolution, as presented. At this point in the meeting, Commissioner Levine Cava announced the passing of Senator Gwen Margolis, who once served as the first female president of the State Senate and former Chairwoman and member of the Miami-Dade County Board of County Commissioners, and asked for a moment of silence. Chairman Martinez took a moment to remember Senator Margolis, and stated he had the privilege to work with her and witnessed her dedication through the years as a true public servant. NOTE: The Clerk of the Board received an e-mail from the County Attorney's Office regarding the Board of County Commissioners (BCC) Chairwoman Audrey M. Edmonson's approval of the request to waive the Board’s Rules of Procedure to allow the foregoing proposed resolution to be heard at the June 16, 2020 County Commission meeting.

County Attorney	6/1/2020		Assigned	Shanika A. Graves		6/1/2020

County Attorney	6/1/2020		Referred	Public Safety and Rehabilitation Committee		6/9/2020

Legislative Text

TITLE
RESOLUTION EXPRESSING SHOCK AND CONDOLENCES AT THE DEATH OF GEORGE FLOYD; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO SUBMIT A REPORT THAT DESCRIBES THE MIAMI-DADE POLICE DEPARTMENT�S PRACTICES, POLICIES, AND PROCEDURES RELATED TO ARRESTS, CUSTODY, PHYSICAL RESTRAINT, AND USE OF FORCE; AND DIRECTING THAT THE REPORT BE PLACED ON AN AGENDA OF THE FULL BOARD WITHOUT COMMITTEE REVIEW

BODY
WHEREAS, on May 25, 2020, George Floyd, a 46-year old African-American man, died in Minneapolis, Minnesota while in custody of the Minneapolis Police Department; and
WHEREAS, although handcuffed and lying face down on the road, a Minneapolis police officer knelt on Mr. Floyd's neck for over eight minutes; and
WHEREAS, for over two of those minutes, Mr. Floyd was unresponsive, and three other police officers who either held Mr. Floyd�s legs or stood nearby did not intervene; and
WHEREAS, video recordings of Mr. Floyd�s arrest and subsequent death show Mr. Floyd moaning and sobbing while saying �please,� �I can�t breathe,� �I�m about to die,� and �don�t kill me;� and
WHEREAS, all four officers were fired on May 26, 2020; and
WHEREAS, on May 29, 2020, the officer who held his knee on Mr. Floyd�s neck was arrested and charged with third-degree murder and manslaughter; and
WHEREAS, the prosecutor also stated that he anticipated charges would be brought against the other three officers who were at the scene of Mr. Floyd�s death; and
WHEREAS, additionally, the Minneapolis Police Department requested that the Federal Bureau of Investigation conduct a federal civil rights investigation into Mr. Floyd�s death; and
WHEREAS, the Minnesota Bureau of Criminal Apprehension is also investigating possible violations of Minnesota state law in relation to Mr. Floyd�s death; and
WHEREAS, the day after Mr. Floyd�s death, protests began in the Minneapolis area; and
WHEREAS, since that time, similar protests have erupted across the country in cities that include Miami, Atlanta, New York, Washington, D.C., and Dallas; and
WHEREAS, some of the above-mentioned protests have been peaceful, but riots involving fires, looting, vandalism, and other property damage and destruction evolved at others; and
WHEREAS, the Miami-Dade Police Department (�MDPD�) is an exemplary agency with well-trained and qualified police officers and civilian personnel; and
WHEREAS, nonetheless, police departments across the nation are under increased scrutiny for the deaths of unarmed Black men and boys at the hands of officers who have been entrusted to serve and protect the community; and
WHEREAS, in an effort to reassure the residents of and visitors to Miami-Dade County that the MDPD has taken all reasonable and necessary steps to train its officers to protect the community and themselves in a manner that does not unnecessarily risk lives, this Board directs the County Mayor or County Mayor�s designee to provide a report pertaining to the practices, policies, and procedures for MDPD officers,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Expresses shock and condolences at the death of George Floyd.
Section 2. Directs the County Mayor or County Mayor�s designee to prepare and submit a report that includes Miami-Dade Police Department�s practices, policies, and procedures related to arrests, custody, physical restraint, and use of force.
Section 3. Directs the County Mayor or County Mayor�s designee to provide the report to this Board within 30 days of the effective date of this resolution and to place the completed report on an agenda of the Board pursuant to Ordinance No. 14-65.
Section 4. Directs that the report, upon completion, be placed directly on an agenda of the full Board without committee review.
Section 5. Directs the Clerk of the Board to transmit a certified copy of this resolution to the family of George Floyd.