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HomeMy WebLinkAboutReso 99-178RESOLUTION NO.99- kA 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING A POLICY FOR THE PROTECTION OF HUMAN DIGNITY AND THE PREVENTION OF HATE CRIMES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sunny Isles Beach acknowledges its residents are diverse in their ethnicity, nationality, lifestyles and religious beliefs, which diversity contributes to the City's rich and varied cultural heritage; and WHEREAS, the City Commission recognizes that each of its residents has a right to be treated with courtesy and respect regardless of the residents background; and WHEREAS, the Florida Legislature has seen fit to adopt Section 775.085 Florida Statutes (1999) also known as the "Hate Crime Bill"; and WHEREAS, the City Commission wishes to heartily endorse this legislation and also establish a policy within its own corporate limits to protect its residents against any and all hate crimes within its jurisdiction, which hate crimes include the commission of any felony or misdemeanor based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, mental, physical or advanced age of the victim; and WHEREAS, the City Commission wishes to direct the Chief of Police to commit resources of the City to investigate and apprehend any and all persons who participate in hate crimes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are incorporated herein by reference. Section 2. Public Policy. The City Commission establishes a public policy to protect its residents from Hate Crimes which is in the public interest and which is necessary to safeguard the rights and opportunities of all persons to be free from any forms of arbitrary discrimination and hate. Section 3. Polio Against Hate Crimes. The City wishes to adopt the following zero tolerance policy to protect its residents against Hate Crimes: 1. Definition: Hate Crime shall have the same meaning as Section 775.085 Florida Statutes(1999) and shall mean any criminal act which evidences prejudice based on race, color ancestry, ethnicity, religion, sexual orientation, national origin, mental or physical disability or advanced age. 2. City Action. A. The City resolves to vigorously pursue, through means reasonably available to the City and the City's policy department, a course of investigation, apprehension of any and all persons who participate in hate crime. 2. The City, through its City Manager or his/her designee, shall recommend to the State Attorney's office the prosecution, conviction and incarceration of any and all persons who participate in hate crimes. 3. The City shall take appropriate steps to train all law enforcement personnel as to the investigation of hate crimes and apprehension of all persons who perpetrate and participate in hate crimes. Section 4. Effective Date. This Resolution shall be effective upon adoption. PASSED AND ADOPTED this 9`' day of December, 9 ATTEST: Richard Brown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY 4� - — _" 04 - EX' M. Dannheisser, City Attorney Vote: S__ U Mayor Samson (Yes) Vice Mayor Morrow (Yes) Commissioner Iglesias (Yes) Commissioner Kauffman (Yes) Commissioner Turetsky (Yes) Hate Crime Res. David Samson, Moved by: Seconded by: (No) (No) (No) (No) (No) '1� TO: City Commission city of Sunny Isles Beach FROM: Commissioner Lila Kauffman 17070 Collins Avenue, Suite 250 Sunny Isles Beach. Florida 33160 DATE: December 9, 1999 Telephone: (305) 937-0606 Facsimile: (305) 939-3113 SUBJECT: RESOLUTION ADOPTING A POLICY FOR THE PROTECTION OF HUMAN DIGNITY AND THE PREVENTION OF HATE CRIMES RECOMMENDATION: I recommend that the City Commission of the City of Sunny Isles Beach go on record to adopt a zero tolerance policy with respect to hate crimes in furtherance of the Florida Legislature which passed the Hate Crimes Bill which reclassifies any felony or misdemeanor as a hate crime if the commission of such an act evidences prejudice. based on race, color, ancestry, ethnicity, religion, sexual orientation, national origin, mental or physical disability or advanced age of the victim. REASON: As we are a very diverse City where the ethnicity increases daily and the elderly represent a significant portion of our population, I believe public policy should be stated and the City should instruct its police department to investigate, educate and apprehend any and all persons who participate in these crimes. LMD:ch David Samson, Mavor Connie Morrow. Yre Mavor Attachment Commissioners Danny Iglesias Lila liaulrman Irving 7Lretsky ON Manoger Jack Neustadt Cin Anomev Lynn \I. Dannheisser ON Clerk Richard Brown-Morilla