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HomeMy WebLinkAboutOrdinance - City Council - Regular - 3521 - 9/8/2009ORDINANCE NO. 3521 AN ORDINANCE To Be Entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, CALLING A GENERAL ELECTION FOR CONSIDERATION OF AN INITIATIVE PROPOSAL TO AMEND THE CITY CHARTER TO REQUIRE THE CITY TO PROVIDE BY ORDINANCE FOR AN ELECTED CIVILIAN CITIZEN OVERSIGHT PANEL TO PROVIDE INDEPENDENT OVERSIGHT OF THE POLICE DEPARTMENT, COMPRISED OF ONE MEMBER ELECTED FROM EACH WARD AND A CHAIRPERSON ELECTED CITYWIDE; PROVIDING FOR THE POWERS AND LIMITATIONS OF SUCH CIVILIAN OVERSIGHT PANEL; PROVIDING THAT THE AMENDMENT TO THE CITY CHARTER SET FORTH HEREIN SHALL BECOME EFFECTIVE ONLY UPON APPROVAL BY THE ELECTORS OF THE BALLOT INITIATIVE PROPOSAL CONTAINED IN SECTION 3 OF THIS ORDINANCE AND UPON CERTIFICATION OF THE RESULTS THEREOF; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: SECTION 1. Recitals. This Ordinance is adopted pursuant to Sections 166.031 and 101.161, Florida Statutes. SECTION 2. Special Election Date and Time. The date and time for a special election to consider approval of the ballot question set out in Section 3 of this Ordinance shall be at the general election on November 3, 2009, between the hours of 7:00 a.m. and 7:00 p.m. Early voting will be held on Monday, October 26, 2009, through Friday, October 30, 2009, between the hours of 10:00 a.m. and 6:00 p.m., and Saturday, October 31, 2009, between the hours of 9:00 a.m. and 5:00 p.m. SECTION 3. Ballot Language. The substance of the City Charter amendment and the ballot title and summary to appear on the ballot shall be as follows: ORDINANCE NO. 3521 AMENDING CITY CHARTER TO REQUIRE CITIZEN OVERSIGHT PANEL FOR FORT MYERS POLICE DEPARTMENT Ordinance No. 3521 amends Fort Myers City Charter to require creation by ordinance of an elected citizen oversight panel for independent civilian oversight of Fort Myers Police Department with members elected from each ward and a chairperson elected citywide, with powers limited to reviewing policies, investigating misconduct, making recommendations to city managers and police chief, provided with subpoena powers, professional staff, legal counsel, with annual budget funded by City. Shall Ordinance No. 3521 be approved? Yes No SECTION 4. Directions. The city council, city manager, city attorney, city clerk, and all officials of the City of Fort Myers (hereinafter the "City") are directed to perform all acts necessary to conduct the special election provided for in this Ordinance. SECTION 5. Charter Amendments. The Fort Myers City Charter is hereby amended by creating Article M Citizen Oversight Panel to read as follows: ARTICLE XI. CITIZEN OVERSIGHT PANEL Sec.1. Generally. The city council shall provide by ordinance for an elected civilian Citizen Oversight Panel (the "Panel") to provide independent civilian oversight of the sworn police department in accordance with this article. Sec.2. Powers. The Panel shall have the following powers: 051 ORDINANCE NO. 3521 (a) Utilize professional and other staff to the extent required to carry out its duties. (b) Appoint competent independent legal counsel who shall be a member of the Florida Bar with at least five (5) years membership in the Florida Bar and generally knowledgeable in municipal law. (c) Recommend an annual budget to the city manager. (d) Expend funds based on its approved budget. (e) Exercise subpoena powers to the extent allowed by law in order to carry out its functions, provided such subpoena powers may only be used with approval of the independent legal counsel to the panel and in consultation with the state attorney of Lee County and in a manner that shall not interfere with any pending or potential criminal investigation or prosecution or with Part VI of Chapter 112, Florida Statutes. (fl Request the issuance and enforcement of subpoenas by the circuit court and file appropriate proceedings therefore. (g) Review polices of the Fort Myers police department. (h) To the extent allowed by law, conduct independent investigations of police misconduct and exercise its powers in a way that does not interfere with investigations conducted under Part VI of Chapter 112, Florida Statutes and conduct its activities consistent with applicable law and in accordance with Florida's Government in The Sunshine Law and labor contracts. 3 ORDINANCE NO. 3521 (i) Make recommendations to the city manager and or directly to the police chief to which a response shall be received within thirty (30) days. Sec.3. Limitations. The Panel shall have the following limitations: (a) The Panel may not confer immunity. (b) The Panel must advise all city employees appearing before it to testify or present evidence that no adverse consequences will result from the valid exercise of their right to be free from self incrimination. (c) The Panel shall not have the power to contract or to issue bonds or incur debt. (d) The Panel may not operate so as to conflict in any manner with Part VI of Chapter 112, Florida Statutes. (e) The Panel, to the extent allowed by law, may review the subject of a complaint against a law enforcement officer which falls within Part VI of Chapter 112, Florida Statutes or an investigation conducted under said Part VI of Chapter 112, Florida Statutes, and may do so only after such investigation has been conducted and concluded by the city pursuant to the procedures provided therein. (fl The Panel may not file suit except to the extent required to obtain issuance or enforcement of its subpoenas. ORDINANCE NO. 3521 Sec. 4. Election of initial and subsequent members of the Panel. (a) There shall be one (1) member of the Panel elected from each ward with a chairman elected at large. (b) The initial members and chairman of the Panel shall be elected in a municipal election held on such date as may be specified by ordinance or resolution. (c) The initial members elected to the panel will be elected to staggered terms of office, with three (3) members elected to two (2) year terms and three (3) members elected to four (4) year terms, with the city council to determine by ordinance which wards will elect initial members to two (2) year terms and which to four (4) year terms. Subsequent terms of office for members will be four (4) years. (d) The chairperson will be elected to a four (4) year term. Sec.5. Additional matters to be provided by ordinance. In addition to the foregoing, the city council shall by ordinance provide for the following: (a) The dates and times of the election of the members and chairman of the Panel and the method of selecting replacement members and chairman to serve in case of a vacancy in office. (b) The dates and times of qualifying for election to the Panel. (c) The adoption of the initial and subsequent budgets for the Panel. 5 ORDINANCE NO. 3521 (d) Protection against adverse employer action to be provided to city employees as a result of their testimony before the Panel. (e) Any other matters necessary or convenient to the implementation of the charter provision creating the Panel, including but not limited to the issuance and enforcement of subpoenas. Sec.6. Budget/audit. (a) The annual budget of the Panel shall be prepared by the Panel in consultation with the city manager and submitted to the city manager in a timely manner so as to be reviewed, considered and modified (if deemed appropriate by the city manager) and included in the annual city budget. (b) The city shall maintain all records of the Panel including but not limited to financial records. The audit of the Panel shall be included in the annual audit of the city. Sec. 7. Independent counsel/staff. (a) The city council shall determine in the ordinance creating the Panel whether the staff of the Panel, including professional personnel, shall be either retained on a contract basis or employed, whether they shall be retained or employed by the Panel or by the city, and whether they shall be subject to discipline, removal or replacement by the Panel or by the city manager. (b) The independent counsel shall be appointed by the Panel and shall be either retained on a contract basis or employed and shall be retained or employed either by the Panel or by the city council as the city council shall R ORDINANCE NO. 3521 determine in the ordinance creating the Panel and shall be discharged by the employing or appointing entity with a replacement to be employed or retained and appointed in the same manner as the original independent counsel. (c) The independent legal counsel must be a competent member of the Florida Bar with at least five (5) years membership in the Florida Bar and generally knowledgeable in municipal law. Sec. 8. Recommendations of Panel/response. (a) The Panel shall make recommendations to the city manager and/or directly to the chief of police. (b) Timely written response shall be provided by the city manager or chief of police to such recommendations within thirty (30) days. SECTION 6. Ordinance and Charter Interpretation. The city council may by resolution or ordinance interpret any provision contained in Section 5 of this Ordinance or any provision in the existing Code of Ordinances or Charter which interpretation is, in its judgment, necessary or appropriate as a result of the charter amendment contained in Section 5 of this Ordinance. SECTION 7. Severability. If for any reason any section, subsection, paragraph, or part of this Ordinance shall be held invalid, the remaining portions thereof shall remain in full force and effect without regard to the section, subsection, paragraph, or part invalidated. SECTION 8. Effective Date and Applicability. Sections 1, 2, 3, 4, 6, 7, and 8 of this Ordinance shall become effective immediately. Section 5 of this Ordinance shall become effective upon approval by the electors of the City of the ballot question contained in Section 3 hereof and upon certification of the results thereof in accordance with law. VA ORDINANCE NO. 3521 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, this 8th day of September, A.D., 2009. Aye Aye Aye Aye Aye un 'I Randal P. Henderson, Jr. 41 . Aye Thomas C. Leonardo Council Members APPROVED this 8th day of September, A.D., 2009, at 6 :1 5 o'clock p.m. Aye FILED in the Office of the City Clerk this 8th day of September, A.D., 2009. E:3 y2z&� Marie Adams, MMC City Clerk