HomeMy WebLinkAboutMemo - Civilian Investigative PanelTO: The Honorable Mayor and Members of the City Commission
FROM: Rodney Jacobs, Interim -Executive Director
DATE: July 25, 2022
SUBJECT: City of Miami Civilian Investigative Panel Proposed Budget 2022-
2023
Introduction:
The City of Miami strives to promote integrity, accountability, commitment and
teamwork. Civilian oversight of law enforcement can transform organizational culture in
a positive way. The Civilian Investigative Panel ("CIP") involves people from outside the
police, taking a role in the provision of public safety services. We help build community
trust with law enforcement which increases cooperation that results in the community
engaging and sharing information with the police. This makes neighborhoods safer.
Mission Statement:
The Civilian Investigative Panel serves the public and police by providing fair and
impartial assessments regarding concerns about sworn police officers. The CIP
provides a truthful balanced judgment of issues and complaints and provides a safe,
open environment to express grievances, concerns and solutions. The facts are
assessed by community members in order to reflect the values of the community,
improve understanding and public safety.
Departmental Description:
The CIP was established as a result of a November 2001 referendum that was
supported by over 76 percent of the electorate. The referendum was in response to the
demand of the citizens of Miami for independent civilian oversight over the sworn
members of the police department. As a result of the Charter amendment, Chapter
11.5 of the Code of the City of Miami and Ordinance No. 12188 was enacted.
The electorate, again, supported changes to the City Charter in 2016 to make the
Civilian Investigative Panel more independent, clarifying membership composition, and
confirming its right to hire and fire an executive director and attorney. Seventy-eight
percent (78%) of the electorate agreed to amend the Charter to confirm the Panel's
ability to investigate and review policies and practices of the Miami Police Department.
Shortly after the Charter amendments were approved, the City Commission adopted
changes to the ordinance to comply with the charter and to clarify the Panel's authority.
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The Civilian Investigative Panel is located at the Artime Community Center and
currently has six full-time employees. They accept complaints from the public and
receive completed complaints from Internal Affairs, as well as review the policies and
procedures of the Miami Police Department. The staff supports thirteen volunteer
citizens, who meet monthly to review the work produced by staff. Additionally, at the
request of the City Manager, the CIP staff supports the Community Advisory Board.
Table of Organization:
CIVILIAN INVESTIGATIVE PANEL
TABLE OF ORGANIZATION
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Departmental Functions:
The Civilian Investigative Panel is authorized by Miami City Ordinance 11.5-27 to
perform the following functions:
(1) Act as independent civilian oversight of the sworn officers of the city's police
department;
(2) Exercise its powers so as to not interfere with any pending or potential criminal
investigations or prosecutions and conducts its activities consistent with
applicable law, including but not limited to the Florida Government in the
Sunshine Law and with applicable labor contracts;
(3) Engage the services of trained investigators and secure adequate training for its
members, including training in police policies and practices;
(4) Conduct investigations consistent with the procedures set forth in section 11.5-
31, reviews, inquiries, audits, and public hearings to make factual determinations,
facilitate resolutions, and propose recommendations as to disposition or other
outcome to the police chief, city manager, or, where appropriate, other city
officials regarding:
(a) Allegations of misconduct by officers of the city's police department;
(b) Incidents of uses of force by officers of the city's police department resulting
in death or great bodily harm to a person, with the mandatory duty to
automatically investigate police shootings or other uses of force resulting in
the death of a person; and
(c) Incidents, events, or systemic problems involving officers of the city's police
department that affect the community.
(5) Promote community understanding and utilization of the process by which
complaints are submitted and reviewed or investigated by the CIP and/or the
city's police department;
(6) Forward complaints alleging criminal activity to the city's police department;
(7) Request issuance of subpoenas after consultation with the state attorney of the
Eleventh Judicial Circuit in and for Miami -Dade County for the purpose of
obtaining evidence from witnesses and production of books, papers, and other
evidence, which subpoenas shall be signed, served, and enforced pursuant to
applicable law, provided that no immunity be conferred by the CIP, and further,
that no actions of the CIP may interfere with any pending or potential criminal
investigation or prosecution;
(8) Make written recommendations to the police chief as to current and proposed city
police department policies, procedures, and practices concerning but not limited
to training, recruitment, and disciplinary procedures;
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(9) Establish, in collaboration with the executive director, written rules and standard
operating procedures for internal governance and standards for training for CIP
members and staff; and
(10)Evaluate the performance of the executive director and of the independent
counsel annually pursuant to written criteria established by the CIP.
Priorities for 2022-2023:
The Civilian Investigative Panel seeks to continue to accept and investigate complaints
against the police from members of the public. This will allow the Panel to make factual
determinations, facilitate resolutions and report recommendations to the City Manager
and the Chief of Police. The Panel will continue to build relationships within the
community and will continue to participate in community events especially related to
public safety.
The Civilian Investigative Panel is committed to working closely with the City
Administration to improve relationships and ties in the community. It also plans to
expand its analysis of policy and complaints to provide more substantive
recommendations to the Chief of Police. The CIP has been working to with the police
department and has begun a mediation program. This, alone, will serve to promote
more understanding between the citizens of the city and members of the police
department.
It is the goal of the Civilian Investigative Panel to provide feedback that is well informed,
constructive and ultimately improves the quality of life for the visitors and residents of
the City of Miami.
Departmental Accomplishments 2021-2022:
During this past fiscal year, the Civilian Investigative Panel has continued to meet and
has adjudicated a record amount of cases. The Panel has bolstered its transparency,
data and policy sections that have allowed the Panel to suggest reform efforts to MPD
and City Officials on policing best practices. Further, the Panel has had successful
completion of many mediation cases within our Community Police Mediation Program.
The Panel has conducted significant community outreach in hopes of ensuring that the
community is aware of the services we provide. We have been working with the Police
Chief and the Fraternal Order of Police to establish a mediation program that is
acceptable to both the police and members of the community.
Complaint Intake and Investigation Statistics:
During the 2021 calendar year, the CIP handled 324 complaints. Below is a breakdown
on the location and categories of the complaints:
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Location of Incident Where Complaints Originated 2021
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District 1
32
10%
District 2
75
23%
District 3
37
11%
District 4
20
6%
District 5
128
40%
No Address Provided
11
3
Out of Jurisdiction
21
6%
TOTAL
324
100
Complaint Findines based on Classification for 2021
* 4 . I
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Bias Based Profiling
1
0%
Discourtesy
65
20%
Excessive Force
25
8%
Harassment
10
3%
Improper Procedure
170
52%
Misconduct
30
9%
Missing or Damaged Property
15
5%
Negligence of Duty
8
2%
TOTAL
324
100
Priorities
The Civilian Investigative Panel strives to improve public safety in the City of Miami. It
contributes to the provision of public safety services, fosters a sense of safety in the
community and promotes the health and well-being of city residents. It helps build
community trust with law enforcement, which increases cooperation that results in the
community engaging and sharing information with the police. This makes
neighborhoods safer.
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