Resolution No. 2018-45 Establishing Police Department Protocols for Investigations Involving Anti-Semitic Motivations for Criminal Offenses - May 1, 2018 RESOLUTION NO. 2018-45
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING PROTOCOLS TO BE
CONSIDERED BY THE CITY OF AVENTURA POLICE DEPARTMENT
FOR THOSE INVESTIGATIONS INVOLVING POTENTIAL ANTI-SEMITIC
MOTIVATIONS FOR CRIMINAL OFFENSES; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission recognize that religious
discrimination continues to impact various individuals throughout the community, and that
these discriminatory practices must be eliminated; and
WHEREAS, the City hereby acknowledges the definition for"anti-Semitism", which
definition shall include the following:
Anti-Semitism is a certain perception of Jews, which may be expressed as hatred
toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward
Jewish or non-Jewish individuals or their property, or toward Jewish community
institutions and religious facilities; and
WHEREAS, the Mayor and City Commission have identified those examples of
anti-Semitism, which will include:
a. Calling for, aiding, or justifying the killing or harming of Jews (often in the
name of a radical Ideology or an extremist view of religion);
b. Making mendacious, dehumanizing, demonizing, or stereotypical
allegations about Jews as such or the power to Jews as a collective-
especially, but not exclusively, the myth about a world Jewish conspiracy or
of Jews controlling the media, economy, government or other societal
Institutions;
c. Accusing Jews as a people of being responsible for real or imagined
wrongdoing committed by a single Jewish person or group, the state of
Israel, or even for acts committed by non-Jews;
d. Accusing the Jews as a people, or Israel as a state, of inventing or
exaggerating the Holocaust; or
e. Accusing Jewish citizens of being more loyal to Israel, or to the alleged
priorities of Jews worldwide, than to the interest of their own nations; and
WHEREAS, the Mayor and City Commission recognize that there exist specific
examples of anti-Semitism that relate directly to Israel, which examples include:
a. Demonizing Israel by using the symbols and images associated with classic
anti-Semitism to characterize Israel or Israelis, drawing comparisons to
City of Aventura Resolution No. 2018-45
contemporary Israeli policy to that of the Nazis, or blaming Israel for all inter-
religious or political tensions;
b. Applying a double standard to Israel by requiring behavior of Israel that is
not expected or demanded of any other democratic nation, or focusing
peace or human rights investigations only on Israel; or delegitimizing Israel
by denying the Jewish people their right to self-determination, and denying
Israel the right to exist;
while recognizing that criticism of Israel similar to that levied against any other country
cannot be regarded as anti-Semitic; and
WHEREAS, in accordance with the March 7, 2018 Resolution of the Miami-Dade
County Association of Chiefs of Police, the Mayor and City Commission hereby establish
these protocols to be utilized for investigating whether there has been a violation of
Federal or State law, and hereby provide that the Aventura Police Department shall take
into consideration the above definition of anti-Semitism for purposes of determining
whether the alleged violation was motivated by anti-Semitic intent, consistent with those
federal or state statutes prohibiting hate crimes; and
WHEREAS, this established policy shall serve to facilitate the prevention of hate
crimes , and will not be construed to diminish or infringe upon any right protected under
the First Amendment to the Constitution of the United States, or the Florida Constitution;
and
WHEREAS, the Aventura Police Department should consider potential anti-
Semitic motivation for criminal offenses in order to further ensure the safety and well-
being of this City's Jewish community; and
WHEREAS, the Aventura Police Department will consider this definition in
investigating crimes, in a manner consistent with the federal hate crimes statute, 18
U.S.C. §249 and the Florida hate crimes statute, Fla. Stat. §775.085, as both may be
amended from time to time; and
WHEREAS, the Mayor and City Commission have declared and determined that
this Resolution will serve to establish those protocols for the Aventura Police Department,
which are in the best interest of the City's visitors and residents in order to protect the
public health, safety and welfare.
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City of Aventura Resolution No. 2018-45
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1: RECITALS; PROTOCOL. That the foregoing "WHEREAS" clauses
are ratified and confirmed as being true and correct and are made a specific part of this
Resolution, and the protocol is hereby adopted for use by the City of Aventura Police
Department to the fullest extent authorized by law.
Section 2: DISTRIBUTION.That the City Clerk is hereby authorized to distribute
this Resolution to all local governments in Miami-Dade County, Florida.
Section 3: IMPLEMENTATION. That the appropriate City Officials are hereby
authorized to do all things necessary and expedient to carry out the aims of this
Resolution.
Section 4: EFFECTIVE DATE. That this Resolution shall take effect immediately
upon adoption.
The foregoing Resolution was offered by Commissioner Weinberg, who moved its
adoption. The motion was seconded by Commissioner Shelley, and upon being put to a
vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2018-45
PASSED AND ADOPTED this 1st day of May, 2018.
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVAT' r
CITY CLERK
Approved as to Form and Legal Sufficiency for the
Reliance of the City Only:
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CITY ATTORNEY
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