§ 2-94.1. Law Enforcement Services Regarding Investigations of Criminal Violations of Law by the County Mayor and County Commissioner and Investigations of Public Corruption By Non-elected County Officials and Employees


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  • (a) Upon the execution of a memorandum of understanding (MOU) with the Miami-Dade State Attorney's Office, the Florida Department of Law Enforcement ("FDLE") or other appropriate law enforcement agency, the Miami-Dade Police Department ("MDPD") shall make its personnel and financial resources available to the Miami-Dade State Attorney's Office, the FDLE or other appropriate law enforcement agency to conduct investigations of the violation of criminal law by the County Mayor and/or County Commissioners subject to the limitations imposed herein;

    (b) "violation of criminal law" as used herein shall be defined as the violation of any of the laws of the United States, the State of Florida or the Ordinances of Miami-Dade County that provide for a criminal penalty including but not limited to violations of law that constitute public corruption as defined herein.

    (c) "Public corruption" as used herein shall be defined to include:

    (1) a "breach of the public trust" as defined in §112.312(3), Florida Statutes;

    (2) all of the crimes within the definition of "specified offense" set forth in §112.3173, Florida Statutes; and

    (3) a violation of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance codified at Section 2-11.1 of the Code of Miami-Dade County.

    (d) The term "County Mayor" and "County Commissioners" as used herein shall be defined in the same manner as the term "commissioners" is defined in Section 2-11.1 of the Code of Miami-Dade County.

    (e) The term "employees" and "officials" as used herein shall be defined to include:

    (1) the following persons as defined in Section 2-11.1 of the Code of Miami-Dade County:

    (a) "autonomous personnel",

    (b) "quasi-judicial personnel",

    (c) "advisory personnel",

    (d) "departmental personnel", and

    (e) "employees"; and

    (2) the President, Board of Trustees and employees of the Public Health Trust of Miami-Dade County, Florida.

    (f) The MDPD Director is hereby authorized and directed to negotiate memoranda of understanding (MOU) with the Miami-Dade State Attorney's Office, the FDLE or other appropriate law enforcement agency that provides for such agency other than MDPD to: (1) serve as the lead investigative law enforcement agency to investigate the violation of criminal law by the County Mayor or Commissioners, and (2) to participate in MDPD public corruption investigations of County employees and officials. Upon completion of such negotiation, the MDPD Director shall present such MOU to the Board of County Commissioners for approval by the Board of County Commissioners and, if approved, for execution by the Mayor.

    (g) Upon the execution of an MOU with the Miami-Dade State Attorney's Office, the FDLE or other appropriate law enforcement agency as authorized herein, if MDPD is requested to investigate a violation of criminal law involving the County Mayor or Commissioners or otherwise becomes aware of a possible violation of criminal law involving the County Mayor or Commissioners, MDPD shall refer such matter to the Miami-Dade State Attorney's Office, the FDLE or other appropriate law enforcement agency pursuant to such MOU. In such event, MDPD shall make its personnel and financial resources available to the Miami-Dade State Attorney's Office, the FDLE or other appropriate law enforcement agency pursuant to such MOU, but MDPD shall not be the lead investigative agency responsible for the manner in which such investigation is conducted and concluded.

    (h) Upon the execution of an MOU with the Miami-Dade State Attorney's Office, the FDLE or other appropriate law enforcement agency as authorized herein, if MDPD is requested to investigate otherwise becomes aware of a possible public corruption matter involving County officials or employees, MDPD shall be required to include the Miami-Dade State Attorney's Office, the FDLE or other appropriate law enforcement agency as a participant in such investigation pursuant to such MOU.

    (i) The requirements of this section shall only apply to investigations commenced after the effective date of this section.

(Ord. No. 07-48, § 2, 3-8-07)

refeditor

Ord. No. 07-48, § 1, adopted March 8, 2007, amended the Code with the addition of a new § 2-95. In order to avoid duplication of section numbers, the provisions of said ordinance have been included herein as § 2-94.1 at the discretion of the editor.