HomeMy WebLinkAboutO-12188J-01-597
2/14/02
ORDINANCE NO. 1 2 i s s
AN ORDINANCE OF THE MIAMI CITY COMMISSION
CREATING NEW CHAPTER 11.5 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"CIVILIAN COMPLAINT INVESTIGATION AND REVIEW"
TO CREATE AND ESTABLISH THE CIVILIAN
INVESTIGATIVE PANEL ("CIP") TO SERVE AS
INDEPENDENT CITIZENS' OVERSIGHT WITH
AUTHORITY TO: CONDUCT INVESTIGATIONS RELATED
TO ALLEGATIONS OF POLICE MISCONDUCT; REVIEW
POLICIES OF THE POLICE DEPARTMENT; FORWARD
COMPLAINTS ALLEGING CRIMINAL ACTIVITY TO
RELEVANT AGENCIES; BE EMPOWERED TO ISSUE
SUBPOENAS FOR POLICE RELATED INVESTIGATIONS
AFTER CONSULTATION WITH THE STATE ATTORNEY,
PROVIDED THAT NO IMMUNITY BE CONFERRED BY THE
CIP; SETTING FORTH THE CIP'S PURPOSE, POWERS
AND DUTIES; PROVIDING FOR MEMBERSHIP,
NOMINATION OF MEMBERS, TERMS OF OFFICE,
VACANCIES, OFFICERS, PARLIAMENTARY AUTHORITY,
RULES OF PROCEDURE, MEETINGS, VOTING, QUORUM,
ATTENDANCE REQUIREMENTS, PROCEDURES,
ADMINISTRATIVE SUPPORT AND COUNSEL; AND MORE
PARTICULARLY BY ADDING NEW SECTIONS 11.5-1
THROUGH 11.5-12 TO SAID CODE; DIRECTING THE
CITY MANAGER TO PRESENT A REPORT TO THE CITY
COMMISSION AS TO THE TOTAL ESTIMATED DOLLAR
ALLOCATIONS NECESSARY TO COVER EXPENSES TO BE
INCURRED BY THE C -TP AND PRESENT SAME TO THE
CITY COMMISSION FOR ITS REVIEW AND
CONSIDERATION; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. New Chapter 11.5, entitled "CIVILIAN
COMPLAINT INVESTIGATION AND REVIEW," is added to the Code of the
City of Miami, Florida, as amended, in the following
particulars:
"Chapter 11.5
CIVILIAN COMPLAINT INVESTIGATION AND REVIEW
Division 1. The City of Miami
Civilian Investigative Panel
Sec. 11.5-1. Created; established.
The Civilian Investigative Panel ("CIP" ) is hereby
created and established.
Sec. 11.5-2. Purposes, powers and duties.
The purpose, powers and duties of the CIP are to:
(1) act as independent civilian oversight of the
sworn Police Department;
(2) exercise its powers so as to not interfere with
any ongoing investigations and conduct its
activities consistent with applicable law,
including the Florida Government in the Sunshine
Law and with applicable law and labor contracts;
(3) make written recommendations related to the Miami
Police Department policies and procedures
concerning but not limited to training,
recruitment and notification system for
corrective disciplinary procedures and provide
input to the Chief of Police before changes in
police department policy or procedure are
implemented, which proposed changes shall be
transmitted to the CIP 30 days prior to
implementation, except if an emergency requires
such change;
Page 2 of 15 12188
(4) engage the services of trained investigators and
secure adequate training for its members,
including training in police policies and
practices;
(5) conduct investigations, inquiries and public
hearings to make factual determinations,
facilitate resolution and propose recommendations
to the City Manager and Police Chief regarding
allegations of misconduct by any sworn officer of
the City of Miami Police Department;
(6) request issuance of subpoenas, after
consultation with the State Attorney of the
Eleventh Judicial Circuit, (Miami -Dade County)
and approval of CIP Independent Counsel, 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;
(7) enhance understanding of the process of
submitting, processing and responding to citizen
complaints regarding misconduct by police
officers;
(8) issue reports to the Mayor, City Commission, City
Attorney, City Manager, Chief of Police and the
public;
(9) make recommendations as to the disposition of
alleged incidents of police misconduct, to which
the Police Chief is required to respond in
writing within thirty (30) days;
(10) forward complaints alleging criminal activity to
the City of Miami Police Department and other
relevant agencies;
(11) promulgate rules and procedures for internal
governance and standards for training of CIP
members and staff.
Page 3 of 15 121.8 8
Sec. 11.5-3. Membership; nomination of members;
terms of office and vacancies;
appointment of the CIP nominating
committee.
(1) Membership. The CIP shall consist of 13
members appointed as follows:
(a) The Miami City Commission shall select and
appoint nine members from the names
submitted by the CIP Nominating Committee;
(b) The Mayor shall select three members from
the names submitted by the CIP Nominating
Committee which selections shall be ratified
and appointed by the City Commission;
(c) The Chief of Police of the City of Miami
shall appoint one member, who shall serve at
the will of the Chief of Police.
(2) Nomination of members. The Miami City
Commission shall appoint a CIP Nominating Committee to
solicit and screen applications, interview candidates
and submit nominations to the City Commission for
appointment to the initial CIP. All appointments to
the CIP should be made with sensitivity to the racial,
gender, ethnic, religious, linguistic and cultural
diversity of the City of Miami.
(3) Appointment of the CIP Nominating Committee
and selection of appointees to the CIP.
(a) The CIP Nominating Committee shall be
comprised of at least nine and no more than
fifteen members representing community based,
civic and social service groups, leagues and
organizations having roots in and ties to the
City of Miami and Miami -Dade County. Said
groups, leagues and organizations shall be
solicited and given notice to submit to the
City Clerk from their membership, the names
of the individual or individuals that such
groups request the City Commission appoint to
the Nominating Committee.
Page 4 of 15 12188
(b) The CIP Nominating Committee shall solicit
applications for members of the CIP in public
notices disseminated throughout the community
and through the media and City of Miami NET
Offices in English, Spanish and Creole. In
addition, applications may be submitted by
community based, civic and social service
groups, leagues and organizations.
(c) The Nominating Committee shall submit a list
of twenty-four nominated individuals for
City Commission consideration for
appointment to the CIP. Each nomination
shall require a majority vote of the CIP
Nominating Committee.
(d) Qualifications for members of the CIP.
(1) All members of the CIP shall be either
permanent residents of the City of
Miami, own real property in the City of
Miami, or work or maintain a business
in the City of Miami, and shall have
good reputations for integrity and
community service and shall have no
record of a felony conviction.
(2) No appointee to the CIP, nor any member
of the appointee's immediate family,
shall be currently employed by the City
of Miami nor be a sworn former employee
of the City of Miami Police Department.
No appointee may be currently a party
or party's legal representative in
litigation against the City of Miami.
The filing of a complaint against the
City of Miami alleging liability of the
City of Miami through actions of any
Police or other sworn or enforcement
personnel shall immediately disqualify
any appointee from serving on the CIP.
Any appointee who has been the legal
representative of any party in
litigation against the City of Miami is
prohibited from serving on the CIP for
two years from the conclusion of such
litigation.
Page 5 of 15
12188
(3) Upon assuming the duties of the CIP,
members shall complete training in
ethics, conflict of interest, Florida
Sunshine Law, and shall commit to
complete Citizens Police Academy
Training or approved training through
NACOLE (National Association of
Citizens' Oversight of Law Enforcement)
or equivalent programs.
(e) The City Commission shall appoint all members
of the CIP (except the appointee of the Chief
of Police) by majority vote exclusively from
the nominations submitted to it by the
Nominating Committee.
(f) Vacancies (other than the position to be
filled by the City of Miami Police Chief) in
the membership of the CIP shall be filled by
the Miami City Commission exclusively from
names submitted to it by the CIP.
(4 ) Terms of office. The terms of office of the
members of the CIP appointed by the City Commission
shall be for three years, except for the initial terms
that shall be four members for three years, four
members for two years and four members for one year,
all initial terms to be determined by lot. The terms
of the members appointed by the City Commission shall
be unaffected by the terms of the Mayor and City
Commissioners. CIP members shall continue to serve
until their successors have been appointed and
qualified. No CIP member shall serve more than nine
consecutive years on the CIP.
Sec. 11.5-4. Officers.
The CIP shall elect, by majority vote, from its
members, a chairperson, vice -chairperson, and such
other officers as deemed necessary. The chairperson
of the CIP shall have the power to appoint all members
serving on the various committees that the CIP may
establish from time to time.
Page 6 of 15
12188
Sec. 11.5-5. Meetings, quorum and voting; attendance
requirements; parliamentary procedures
and rules of procedure; recordation.
(1) Meetings, quorum and voting. All meetings
of the CIP shall be open to the public. The
Chairperson or three (3) members of the CIP may call a
meeting, provided that the meeting is noticed for at
least seven days prior to the meeting date and
pursuant to the provisions set forth in
Section 11.5-11. A quorum shall consist of seven
members of the CIP. An affirmative vote of not less
than fifty-one percent (51%) of the members present
and voting at any meeting is required for any action
to be taken by the CIP unless otherwise set forth
herein.
(2) Attendance requirements. The provisions set
forth in Section 2-886 of this Code shall apply to all
members of the CIP.
(3) Parliamentary authority and rules of
procedure. The parliamentary authority of the CIP
shall be Robert's Rules of Order (Current Edition)
unless the CIP adopts its own order of business and
rules of procedure governing its meetings, and actions
on matters within its jurisdiction, not inconsistent
with the provisions set forth herein, which rules of
procedure shall be filed with the City Clerk. Copies
of minutes of all CIP meetings shall be furnished to
the Mayor, Commissioners, City Manager, City Attorney
and Chief of Police.
(4) Recordation. The CIP shall be responsible
for the recordation and transmittal of its minutes and
may request the City Clerk to carry out recordation
functions.
Sec. 11.5-6. Procedures.
The following procedures shall be followed:
(1) Complaints concerning allegations of
misconduct may be submitted to the CIP.
Page 7 of 15 12188
(a) All complaints shall be reduced to writing
using a form approved by the CIP for that
purpose;
(b) The Police Department shall be notified of
complaints received by the CIP within two
working days;
(c) All complaints must be submitted within a
year of the date of the incident giving rise
to the complaint. Complaints filed after
one year of the alleged misconduct may,
however, be reviewed by the CIP only if
approved by a majority vote of its members;
(d) The CIP shall not accept complaints
concerning incidents predating the effective
date of the City of Miami Charter amendment
providing for this Chapter.
(2) The review or investigation of complaints
shall proceed as set forth herein.
(a) Investigation of complaints related to police
misconduct received by the CIP. The CIP may
proceed with an investigation after
determination by its independent counsel, who
shall be required to consult with the
appropriate prosecutorial agencies, that an
investigation will not interfere with any
pending criminal investigation. A decision
of the CIP to proceed with an investigation
may be challenged by any agency engaged in
such investigation or prosecution by seeking
judicial order in law or equity in a court of
competent jurisdiction in accordance with
general law. Written notification of such
challenge to the CIP shall stay the
investigation for forty-eight (48) hours
permitting the agency to obtain such judicial
order;
(b) Internal Affairs Reports. At the conclusion
of the Internal Affairs investigation, the
Internal Affairs report prepared for the
Chief of Police shall be transmitted to the
CIP within three working days;
Page 8 of 15 12188
(c) Upon written determination by its independent
counsel that an investigation of allegations
of Police misconduct may commence or after
review of the Internal Affairs report, the
CIP may:
(i) request that the Chief of Police
conduct further investigation, or
(ii) obtain further case -specific
information from the Chief of Police,
including written materials, audio or
video tapes, and related documents, or
(iii) conduct an independent investigation,
such investigation to be concluded
within 120 days, or
(iv) notice and hold a hearing to gather
evidence, or
(v) report its written findings and
conclusions to the City Manager and/or
the Chief of Police;
(d) If the CIP fails to act within the time
periods specified in subsection (3) herein
below, the complaint file shall be closed
without a finding;
(e) The CIP Chairperson may assign a member or
committee to review Internal Affairs reports
and make a recommendation that the CIP take
one of the actions enumerated in subsection
(c) above;
(f) Affected officers, and complainants, to the
extent permitted by law, shall receive
copies of CIP reports to the Police
Department, and of the CIP's requests for
information.
(3) The review or investigation process shall be
concluded:
(a) Within thirty (30) days of receiving the
Internal Affairs report;
Page 9 of 15 12188
(b) Within 120 days of receiving the
determination that an independent
investigation may commence;
(4) At the conclusion of each review or
investigation, the CIP shall render one of the
following findings based on the preponderance of the
evidence:
(a) Unfounded where the review or investigation
shows that the act or acts complained of did
not occur or were misconstrued;
(b) Exonerated where the acts that provide the
basis for the complaint occurred, but the
review or investigation shows such acts were
proper;
(c) Not Sustained where, for example, the review
or investigation fails to disclose
sufficient facts to prove or disprove the
allegation made in the complaint;
(d) Sustained where, for example, the review or
investigation discloses sufficient facts to
prove the allegations made in the complaint;
(e) No Finding where, for example, the
complainant failed to produce information to
further the investigation, the review or
investigation revealed that another agency
was responsible, and the complaint has been
referred to that agency, the complainant
withdrew the complaint, the complainant is
unavailable to clarify the complaint, or the
officer is no longer employed by the City,
or the CIP did not reach a conclusion.
(5) At the conclusion of its review or
investigation the CIP shall forward its written
findings and conclusions to the Chief of Police and to
affected officers and, to the extent permitted by law,
to the complainants to which a timely written response
shall be received from the Chief of Police within 30
days.
Page 10 of 15 12188
Sec. 11.5-7. Subpoena power.
(1) The CIP may subpoena witnesses and documents
when conducting an independent investigation of
allegations of Police misconduct as follows:
(a) A request for a subpoena must be presented
to and reviewed by the CIP Independent
Counsel;
(b) The CIP Independent Counsel may deny or
approve the request after consulting with
the State Attorney's Office;
(c) If approved by the CIP Independent Counsel,
the CIP may issue the subpoena with an
affirmative vote of seven of its members.
(2) The subpoena shall be valid only within the
jurisdictional limits of the City of Miami, Florida.
However, the CIP may seek enforcement and
extraterritorial domestication of its subpoenas in
accordance with general law.
Sec. 11.5-8. Procedures related to City employees
and witnesses.
(1) when a City of Miami employee appears before
the CIP in response to a subpoena, such employee shall
be formally advised prior to the commencement of
testimony that if the employee has a good -faith belief
that the testimony would tend to be self-
incriminating, and if, in reliance upon that good -
faith belief, the employee declines to answer any
question, that the employee's decision not to provide
testimony will not subject him or her to any adverse
employment consequences. Any employee who, after
receiving such advice, decides to testify or provide
evidence, must sign a statement acknowledging that the
employee understands the advice and is testifying or
providing evidence voluntarily and knowingly.
(2) A police officer who is the subject of an
investigation shall be informed of the nature of the
investigation and provided with a copy of the
complaint prior to being interrogated.
(3) A person who appears before the CIP in
response to a CIP request for testimony may be
represented by counsel or any other representative of
his or her choice, which representative may be present
Page 11 of 15
12188
at all times during the subject's appearance before
the CIP.
(4) The CIP may hold evidentiary hearings
requiring witnesses in the manner set forth in
Sec. 11.5-5. only the subject of the complaint,
witnesses, their attorneys or representatives and CIP
members may participate in evidentiary hearings.
(5) Policies and procedures shall be established
to ensure compliance with Chapters 112 and 119 of the
Florida Statutes and any other applicable laws.
Sec. 11.5-9. Administrative assistance; independent
counsel.
When requested by the CIP, the City Manager, City
Attorney, and the City Clerk shall provide full
cooperation and assistance, however, the City Manager
and City Attorney are not required to attend the
meetings of the CIP, except to advise the CIP, at its
initial meeting, of procedural laws and regulations
related to public records and the Sunshine Law. The
City Clerk and the City Attorney may conduct annual
workshops to further inform the CIP of the
aforementioned laws and regulations. An attorney-at-
law admitted to practice in Florida for at least seven
years shall be employed by the CIP as Independent
Counsel, subject to the approval of the City Attorney
and the authority of the City Attorney to remove the
Independent Counsel from employment.
Sec. 11.5-10. Review and approval of annual budget.
(1) Effective immediately, the CIP shall
establish a fiscal year that coincides with that of
the City. The CIP shall submit to the City
Commission, in a form acceptable to the City Manager,
and no later than April 1 preceding the commencement
of each fiscal year, a CIP budget request pertaining
to its functions. The City Manager shall assign
appropriate personnel to assist in the preparation of
the budget for the CIP and provide administrative
support to the CIP. The City Manager shall present
the total estimated dollar appropriations necessary to
cover expenses incurred by the CIP during the
execution of its duties to the City Commission for its
Page 12 of 15 12188
review and consideration in the annual budget of the
City of Miami. Nothing contained herein shall be
construed to prohibit the CIP from submitting a
supplemental budget and appearing before the City
Commission to request approval.
(2) No expenditure shall be made in any given
year without approval by the City Commission of the
CIP budget for that year and all expenditures shall
comply with City procedures for acquisition of goods
and services.
(3) No provision contained in this Chapter shall
be construed to violate the Anti -Deficiency Act, as
set forth in Sections 18-500 through 18-503 of this
Code.
(4) At the conclusion of one year from the
effective date of this Chapter, the members of the CIP
may appoint an executive director of the CIP. Such
appointment and the terms and conditions of the
director's employment shall be subject to approval by
the City Commission. The director shall take an oath
before entering upon any duties.
Sec. 11.5-11. Notices and filing of records.
Notice of meetings shall be posted by the City
Clerk at City Hall and other appropriate locations
after being apprised by the CIP of an upcoming
meeting(s). Advertisements of meetings shall be
placed in newspapers of general circulation no less
than seven (7) days prior to the meeting. It shall be
the duty of the City Clerk to comply with applicable
laws related to filing of records.
Sec. 11.5-12. Annual Reports.
The CIP shall, at least annually, provide a
report in writing to the City Manager, the City
Commission, the Chief of Police and the Mayor, to
include statistics and summaries of citizen
complaints, a comparison of the CIP's findings and
conclusions with the actions taken by the Chief of
Police, recommendations related to changes in policies
Page 13 of 15 12188
and procedures and any recommended changes to this
Chapter.
Sec. 11.5-13 - 11.5-100. Reserved."
Section 2. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be
affected.
Section 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption thereof.!'
PASSED ON FIRST READING BY TITLE ONLY this
Of January , 2002.
24th
day
1� This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten days from the date it was passed
and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City
Commission or upon the effective date stated herein, whichever is
later.
Page 14 of 15
12188
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 14th day of February , 2002.
� *—a 0 —ec f� N. N � �
0/y Ap
.Kmi§,*e6NER
TOMAS REGALADO, �OMMISSIONER
JOE SANCHEZ, COMMISSIONER
J WINTON, COMMISSIONER
ATTEST:
qSVVIA SCHEIDER
ACTING CITY CLERK
APPR940ED A,VITO F,ZM AND CORRECTNESS :9/
VILARELLO
ATTORNEY
W1103
Page 15 of 15 1. 21 g S
15
CITY OF MIAMI
CITY ATTORNEY' S OFFICE
MEMORANDUM
TO: Mayor and Members of the ission
FROM: Alejandro Vilarello, ' Att y
DATE: February 6, 2002
RE: Proposed Second Read' g Ordinance for City Commission Meeting of
February 14, 2002 - ilian Investigative Panel (J -0l -597)
The attached proposed Second Reading Ordinance for the establishment of
the Civilian Investigative Panel reflects the changes directed by the City
Commission at its meeting of January 24, 2002.
The ordinance has been submitted to the Agenda Coordinator for placement
on the February 14, 2002 City Commission Agenda.
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
ci
12185
-lice
10
warned not to. retaliate against officer
�Wrrado," Martinez said.
that's how I found out he was
�being transferred. I didn't
know until he called."
Lewis, who made the call
after a Herald inquiry, would
not discuss the matter.
The grand jury, which has
already indicted five Miami
officers on charges they fabri-
cated evidence in the April
1996 shooting death of 72 -year-
old Richard Brown, is investi-
gating at least five other shoot-
ings since 1995 in which federal
authorities suspect police tam-
pered with evidence to justify
their actions.
DePrado's transfer is the
latest in a series of alleged wit-
ness intimidation tactics inside
lr
iEverywhere You Turn:
Successfill
•
UUM111
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the department.
In June, Martinez demoted a
top commander after he con-
fronted another police officer
who complained about intimi-
dation ,because of his grand
jury testimony in another
shooting. A former SWAT
team member also has said he's
been a target since he testified
about a suspected throw -down
gun.
Martinez said he is confi-
dent the DePrado transfer was
not retaliation, but the result of
an inappropriate prank
DePrado pulled on a new
recruit in June.
DePrado and two other offi-
cers orchestrated the prank on
the recruit, who walked into a
weight room to find DePrado
doing pull-ups in the buff.
DePrado arguel the incident
—.which happened nearly two
months ago — was just a cover
for the real reason he was
demoted.
"I've got more qualifica-
tions than anybody in the
unit," DePrado said Thursday.
"All of a sudden I'm trans-
ferred. Why? Especially for
some nonsense."
DePrado, 48, told federal
prosecutors on Wednesday
that one of his supervisors, Sgt.
Marilyn Gonzalez, told Officer
Walter Byars that she had
heard about DePrado's damag-
ing testimony and said, "I don't
like snitches." She vowed to
get rid of DePrado, and Byars
relayed the allegation to him,
according to sources close to
the grand jury investigation.
Byars declined to comment.
DePrado, a 20 -year depart-
ment veteran who spent eight
years on the SWAT team,
talked to the grand jury about
the March'•.f23, 1999, shooting
TRANSFER POSTPONED:
Miami Officer Joe DePrado.
death of Jesse Runnels, a men-
tally disturbed man shot by a
SWAT team member after he
cut himself with knives and
dared police to kill him.
Prosecutors are examining
whether Miami police planted
a toy gun at the scene to justify
that shooting. Another former
SWAT officer, Sgt. Robert
Rambo, told the grand jury that
the gun was planted sometime
after the shooting.
Rambo, transferred out of
SWAT after his allegations,
also has complained of intimi-
dation from fellow officers.
DePrado, who was i not, on
the scene that night, told the
grand jury on July 26 that a fel-
low SWAT team member told
him he was almost sure the toy
gun was planted.
DePrado said Thursday he
is now suffering the conse-
quences of breaking the police
"code of silence."
"We're cop§, and we're sup-
posed to stand together and all
that hull----," DePrado said.
"Even when it's wrong."
Martinez, who told Lewis he
would investigate the matter,
said DePrado is misinformed.
He said Gonzalez had nothing
to do with the decision to
transfer DePrado.
"He's completely incor-
rect, Martinez said. "I under-
stand the timing is terrible
here, but what do you do? He
perpetrated a prank that was
unacceptable. It was offensive,
and we cannot condone that
kind of behavior."
Martinez said DePrado's
prank should not be excused.
"I understand pranks and
jokes that are done in good
taste," Martinez said. "I wasn't
there, but my understanding is
that it wasn't a ynooning inci-
dent; it was a completely
naked incident."
Police Maj. Patricia Bento-
ski, one of several ranking offi-
cers who concurred in the
transfer orders said DePrado's
transfer had nothing to do with
his testimony.
"I've heard that he may have
been called as part of the
SWAT thing, but that had no
bearing on the decision at'all,"
said Bentoski, who supervises
personnel decisions for the
department. "The decision was
made to move him out and
maybe give a new perspective
on training. He's been there for
16 years."
DePrado has faced six other
internal affairs complaints,
records show. In one 1995 case,
he was given a reprimand and
docked 10 hours of overtime
after he caught some teenage
vandal's in his neighborhood,
grabbed. their baseball bat and
smashed their car.
71A
11ILerrimerican Car Renta
17800 Biscayne Blvd. in AN
tura. One of them was arc
with a shotgun.
The gunman ordered th
customers and two won
behind the counter to
ground and stole money fro
cash drawer, according t
police source on the sce
Then the gunman led the 1
hostages at gunpoint to a b
office, where he ordered ons
the clerks to open the safe.
The robbers made ass
with about $800, the sou
said. The gunman th
grabbed a set of keys off
counter and asked the sa
clerk to take him to the cor
sponding car — a silver 2(
Buick LeSaber that coincid,
tally had been returned earl
that afternoon after be
rented by Sunny Isles Be:
Police Chief Fred Maas,
source said.
As the car headed south
Biscayne Boulevard,
Miami -Dade officer head
north on Biscayne quit
spotted the speeding vehi
SEARCHING FOR SUSPE
car for a robbery suspect 11
0
��7 ?
7'{ 4T s Julio Robainal
i
rh : Mayor, City of South Miami
Z
t 'u; National Civic League's
All -America City Award Winner
7 Miami Dade
,�COMMUNITI' COLLEGE
the department.
In June, Martinez demoted a
top commander after he con-
fronted another police officer
who complained about intimi-
dation ,because of his grand
jury testimony in another
shooting. A former SWAT
team member also has said he's
been a target since he testified
about a suspected throw -down
gun.
Martinez said he is confi-
dent the DePrado transfer was
not retaliation, but the result of
an inappropriate prank
DePrado pulled on a new
recruit in June.
DePrado and two other offi-
cers orchestrated the prank on
the recruit, who walked into a
weight room to find DePrado
doing pull-ups in the buff.
DePrado arguel the incident
—.which happened nearly two
months ago — was just a cover
for the real reason he was
demoted.
"I've got more qualifica-
tions than anybody in the
unit," DePrado said Thursday.
"All of a sudden I'm trans-
ferred. Why? Especially for
some nonsense."
DePrado, 48, told federal
prosecutors on Wednesday
that one of his supervisors, Sgt.
Marilyn Gonzalez, told Officer
Walter Byars that she had
heard about DePrado's damag-
ing testimony and said, "I don't
like snitches." She vowed to
get rid of DePrado, and Byars
relayed the allegation to him,
according to sources close to
the grand jury investigation.
Byars declined to comment.
DePrado, a 20 -year depart-
ment veteran who spent eight
years on the SWAT team,
talked to the grand jury about
the March'•.f23, 1999, shooting
TRANSFER POSTPONED:
Miami Officer Joe DePrado.
death of Jesse Runnels, a men-
tally disturbed man shot by a
SWAT team member after he
cut himself with knives and
dared police to kill him.
Prosecutors are examining
whether Miami police planted
a toy gun at the scene to justify
that shooting. Another former
SWAT officer, Sgt. Robert
Rambo, told the grand jury that
the gun was planted sometime
after the shooting.
Rambo, transferred out of
SWAT after his allegations,
also has complained of intimi-
dation from fellow officers.
DePrado, who was i not, on
the scene that night, told the
grand jury on July 26 that a fel-
low SWAT team member told
him he was almost sure the toy
gun was planted.
DePrado said Thursday he
is now suffering the conse-
quences of breaking the police
"code of silence."
"We're cop§, and we're sup-
posed to stand together and all
that hull----," DePrado said.
"Even when it's wrong."
Martinez, who told Lewis he
would investigate the matter,
said DePrado is misinformed.
He said Gonzalez had nothing
to do with the decision to
transfer DePrado.
"He's completely incor-
rect, Martinez said. "I under-
stand the timing is terrible
here, but what do you do? He
perpetrated a prank that was
unacceptable. It was offensive,
and we cannot condone that
kind of behavior."
Martinez said DePrado's
prank should not be excused.
"I understand pranks and
jokes that are done in good
taste," Martinez said. "I wasn't
there, but my understanding is
that it wasn't a ynooning inci-
dent; it was a completely
naked incident."
Police Maj. Patricia Bento-
ski, one of several ranking offi-
cers who concurred in the
transfer orders said DePrado's
transfer had nothing to do with
his testimony.
"I've heard that he may have
been called as part of the
SWAT thing, but that had no
bearing on the decision at'all,"
said Bentoski, who supervises
personnel decisions for the
department. "The decision was
made to move him out and
maybe give a new perspective
on training. He's been there for
16 years."
DePrado has faced six other
internal affairs complaints,
records show. In one 1995 case,
he was given a reprimand and
docked 10 hours of overtime
after he caught some teenage
vandal's in his neighborhood,
grabbed. their baseball bat and
smashed their car.
71A
11ILerrimerican Car Renta
17800 Biscayne Blvd. in AN
tura. One of them was arc
with a shotgun.
The gunman ordered th
customers and two won
behind the counter to
ground and stole money fro
cash drawer, according t
police source on the sce
Then the gunman led the 1
hostages at gunpoint to a b
office, where he ordered ons
the clerks to open the safe.
The robbers made ass
with about $800, the sou
said. The gunman th
grabbed a set of keys off
counter and asked the sa
clerk to take him to the cor
sponding car — a silver 2(
Buick LeSaber that coincid,
tally had been returned earl
that afternoon after be
rented by Sunny Isles Be:
Police Chief Fred Maas,
source said.
As the car headed south
Biscayne Boulevard,
Miami -Dade officer head
north on Biscayne quit
spotted the speeding vehi
SEARCHING FOR SUSPE
car for a robbery suspect 11
HOTSPOT
Campaign
This campaign gives citizens the opportunity to report criminal
activities anonymously (with the HOTSPOT CARD) and have police
to investigate and make arrest_ Pastors, PULSE Board Members
and other concerned citizens will ride into these areas with
the City and County Police officers to make sure that these
reported "Piot Spots" are being neutralized of criminal activity.
Cam aicm Objectives__
.1. To give residents the opportunity to anonymously report
suspected illegal and related crime activity in their
neighborhoods (such as homes and parks where drug are being
sold, etc.)
2. To alert police to suspicious activities. Even if the
police know about it, this campaign will alert them that the
community knows and wants something done about it..
3. To give PULSE and its member congregation a means to
follow up with police department regarding specific police
responses and actions taken. Our Pastors, members and citizens
will be riding with the officers in the "HOT" areas to make
sure each report is being followed up and resolved.
For more information about the PULSE Hot Spots Campaign, contact:
People United to Lead the Struggle for Equality
150 NE 19th Street Submitted into the
Miami, Florida 33132 record i
(305) 576-7590 or 7595 item
Fax: (305) 576-0420 �� �° �� ti -0
&,aAM-5 t 3DO)
Submitted into the public
record in connection with
item 16 _ on y- %
12 1 8S Ci v rlerk
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
ro: Major Arthur Washington
Commander
Community Relations Section
DATE . December 1, 1993 FELE :
SUBJECT : "HotSpot Campaign"
/t/
FROM : �L" t Gerald L. Darling
REFERENCES: }L� f�-_zesi`s
Commander
Street Crimes Unit ENCLOSURES
Listed below are the enforcement action taken by the Street Crimes
Unit during the past two (2) months.
(Riverside Park)
S.W. 7 Ave & 3 Street
N.E. 7 Ave & 80 Terrace
1280 N.W. 58 Terrace
1531 & 41 N.W. 66 Street
CABS
24217595
2701640S
24521905
24815655
24814905
25221665
25720545
2571701S
25918365
2761488S
27718125
27718905
2831591S
2932097S
29718875
30319.54S
2561963S
2592017S
31219535
3262070S
3262092S
32316505
3222085S
I AMMST S 8
2
1
1
2
3
1
1
1
2
1
1
1
3
2
2
1
1
2
1
1
1
1
2
21320305 1
2132032S 2
2532041S 1
26215695 1
3181708S 2
3181709S [ ,.BSc "::. _a,_i�/-off 1
12185
P.U.L.S.E.
H2OTSPOT
Campaign
TE: We do not need your name. We only ask for specific Information which will
ist us In addressing illegal drug or other related criminal activity on your streets or
Ihborhood. REMEMBER — Together We Can Make A Difference!!!
I SUSPECT ❑ 1 KNOW WITH REASONABLE CERTAINTY that illegal
g and/or related crime activity is occurring In the followlg location:
Park:
Street Corner or Location: iJe
House or Housing Complex
cation:
Address Street No. Apt
ite(s) Day(s) _ Time(s)
lspected Vehicle:
Uce. Plate t Year Model Color
lme of Suspect: Alias/Nickname:
Male Q1 Female ❑ White; �Blac Hispanic Other
Pr Details or lnfgimatitn:
AFTER FILLING OUT THIS FORM AS COMPLETELY AS POSSIBLE
AIL TO:
P.U.L.S.E.
180 N.E. 19th Street • MIAMI, FLORIDA 33132
P.U.L.S.E.
HOTSPOT
Campaign
NOTE: We do not need your name. We only ask for specific Information which will
assist us in addressing Illegal drug or other related criminal activity on your streets or
neighborhood. REMEMBER — Together We Can Make A Difference!!!
❑ 1 SUSPECT NOW WITH REASONABLE CERTAINTY that illegal
drug and/or related crime activity is occurring in the following location:
❑ Park:
&4f
z"Street Corner or Location:
❑ House or Housing Complex
Location: `
ss,6D ru Time ,, � et t '
J�-5
Suspected Vehicle-
. at / Year Model f o r
Nam of Suspect: Alias/Nickname:
Up'Male Vemale ❑ White lac E]
H'❑
Details of Information• �%,�% f',�N�
`AFTER FILLING OUT THIS FORM AS COMPLETELY AS7 POSSIBLE
MAIL TO:
P.U.L.S.E.
180 N.E. 19th $tt<eet VIAMI, FLORIDA 33132
7—/ y
Abmitted into the public
record in , , �ii IY with
..LS -- on
r1=-oem m
5 �} ,City Clerk
4.0 ! .
COMMUNITY COALITION'S COMMENTS
The community coalition including People United to Lead the Struggle for Equality (PULSE),
Brothers of the Same Mind, Vecinos en Accion, Haitian American Grass Roots Coalition,
Colombian American Service Association, Inc. (CASA), the National Association for the
Advancement of Colored People, South Florida Chapter (NAACP), and the American Civil
Liberties Union, Greater Miami Chapter (ACLU), has been advocating for the creation of a
strong, effective and independent Civilian Investigative Panel, has reviewed the latest draft of the
proposed ordinance for the creation of such panel. The coalition has the following comments:
1. The Civilian Investigative Panel should be charged with overseeing the City of Miami Police
Department and not other departments of the City of Miami. The voters of the City of Miami
overwhelmingly approved of a civilian panel to oversee allegations of police misconduct.
2. The ordinance must ensure that the Civilian Investigative Panel will have input into
development and review of policies and procedures of the City of Miami Police Department at
the time of the creation of those policies and procedures and before any such new policies and
procedures are implemented. That is what the voters overwhelmingly approved.
3. The Civilian Investigative Panel should be made up of no more than nine (9)members.
Anything more than nine(9) would make the panel unmanageable, inefficient and ineffective.
4. Every candidate for service on the panel should be evaluated on his or her own merits.
Persons who are otherwise qualified to serve as members of the Civilian Investigative Panel
should not be automatically barred from service due to a prior felony conviction.
5. The Civilian Investigative Panel must be able to investigate citizen complaints of police
misconduct, which are filed anonymously -- Just as police are able to proceed with an
investigation based upon anonymous information.
6. The Civilian Investigative Panel must be directly responsible and accountable for the
determination that its investigation will not interfere with a pending felony investigation. Such
an important decision cannot be left in the hands of any single individual.
7. The Civilian Investigative Panel must have the authority to hire its executive director and its
independent counsel. The executive director, in turn, must be accountable for hiring staff to
accomplish the mission of the Civilian Investigative Panel. This will ensure that the Civilian
Investigative Panel is above politics.
8. The name of the Civilian Investigative Panel (CIP) should remain unchanged. The voters of
the City of Miami overwhelmingly voted for a body to be known as the Civilian Investigative
Panel (CIP).
Supmitted into the c;r
record in cujjn�=ci,� o ;
item _ L li-- onVmiter
-----i-
1
J-01-597
2/6/02
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING NEW
CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND
REVIEW" TO CREATE AND ESTABLISH THE CIVILIAN INVESTIGATIVE
PANEL ("CIVILIAN [INVESTIGATIVE] PANEL") TO SERVE AS
INDEPENDENT CITIZENS' OVERSIGHT WITH AUTHORITY TO: CONDUCT
INVESTIGATIONS RELATED TO ALLEGATIONS OF POLICE MISCONDUCT;
REVIEW POLICIES OF THE POLICE DEPARTMENT; REVIEW REPORTS OF
INVESTIGATIONS OF MISCONDUCT AND (REVIEW PeLi^T^" "*T"
FORWARD
COMPLAINTS ALLEGING CRIMINAL ACTIVITY TO RELEVANT AGENCIES;
BE EMPOWERED TO ISSUE SUBPOENAS FOR POLICE RELATED
INVESTIGATIONS AFTER CONSULTATION WITH THE STATE ATTORNEY,
PROVIDED THAT NO IMMUNITY BE CONFERRED BY THE CIVILIAN
[INVESTIGATIVE]
PANEL;;�{REVEW—DAGUMENTATO"—R£TTED TO
1T[/ip i?iAiY AeptoT7o;1LRTAIN OTHER rRiFTRerMEL7_iND
'moi wepa1
PERSONNEL A?ED FIRE eFFieBRS, } SETTING FORTH THE CIVILIAN
[INVESTIGATIVE] PANEL'S PURPOSE, POWERS AND DUTIES;
MEMBERSHIP, NOMINATION OF MEMBERS; TERMS OF OFFICE,
VACANCIES, OFFICERS, PARLIAMENTARY AUTHORITY; RULES OF
PROCEDURE, MEETINGS, VOTING AND QUORUM, ATTENDANCE
REQUIREMENTS, PROCEDURES; ADMINISTRATIVE SUPPORT AND
COUNSEL; AND MORE PARTICULARLY BY ADDING NEW SECTIONS 11.5-1
THROUGH 11.5-12 TO SAID CODE; DIRECTING THE CITY MANAGER TO
PRESENT A REPORT TO THE CITY COMMISSION AS TO THE TOTAL
ESTIMATED DOLLAR ALLOCATIONS NECESSARY TO COVER EXPENSES TO
BE INCURRED BY THE CIVILIAN [INVESTIGATIVE] PANEL AND
PRESENT SAME TO THE CITY COMMISSION FOR ITS REVIEW AND
CONSIDERATION; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. New Chapter 11.5, entitled "CIVILIAN
COMPLAINT INVESTIGATION AND REVIEW," is added to the Code of the
Submitted into the public
record in connection with
item I on ' - o �-
Waiter-��
City Clerk
z`�`
City of Miami, Florida, as amended, in the following particulars:
[i]
"Chapter 11.5
CIVILIAN COMPLAINT INVESTIGATION AND REVIEW
Division 1. The City of Miami
Civilian Investigative Panel
Sec. 11.5-1. Created; established.
The Ci vi 1 i an Investigative Panel ( " CIVILIAN [INVESTIGATIVE]
PANEL") is hereby created and established.
Sec. 11.5-2. Purposes, powers and duties.
The purpose, powers and duties of the CIVILIAN
[INVESTIGATIVE] PANEL are to:
(1) act as independent civilian oversight of the sworn
Police Department (-and all other swern and enfereementt --------^--ne
in encs ineluding-I'ire, NET, Selid- Waste, Pulre'—Wei-It ,,
Win-^; ;
(2) exercise its powers so as to not interfere with any
ongoing investigations and conduct its activities consistent with
applicable law, including the Florida Government in the Sunshine
Law and with applicable law and labor contracts;
(3) make written recommendations related to the Miami
Police Department (and the ether--affeeted department -s -+policies
and procedures concerning but not limited to training,
recruitment and notification system for corrective disciplinary
procedures [and provide input to the Chief of Police during the
development, and prior to the implementation of any new or
revised policy or procedure];
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
Submitted into the public
record in connection with
itern �S - on
Wattef-F e a
City Clerk
(4) engage the services of trained investigators and secure
adequate training for its members, including training in police
policies and practices;
(5) conduct investigations, inquiries and public hearings
to make factual determinations, facilitate resolution and propose
recommendations to the City Manager and Police Chief regarding
allegations of misconduct by any sworn officer of the City of
Miami Police Department;
(6) request issuance of subpoenas, after consultation with
the State Attorney of the Eleventh Judicial Circuit, (Miami -Dade
County) and approval of CIVILIAN !INVESTIGATIVE] PANEL
Independent Counsel, 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
CIVILIAN [INVESTIGATIVE] PANEL;
(7) enhance understanding of the process of submitting,
processing and responding to citizen complaints regarding
misconduct by police officers (amara citizen eafg is e��l
(8) issue reports to the Mayor, City Commission, City
Attorney, City Manager, Chief of Police(, relevant department
director and the public;
(9) make recommendations as to the disposition of alleged
incidents of police misconduct, to which the Police Chief is
required to respond in writing within thirty (30) days;
(10) forward complaints alleging criminal activity to the
[appropriate prosecutorial agencies; and] (eity of miami Pe iee
Department and other fele= ,
(44) 3
(11) promulgate rules and procedures for internal
governance[
]and standards for training of CIVILIAN [INVESTIGATIVE]
PANEL members and staff-(; and
(-12) eelleet, review, and analyze --infer teen Tela Leel--te
citizen eeii iiz" rots against all ether —swam and enfereeftent
peesenne3f-rem- the -departments enthinerated in-(!)abeve) .
Sec. 11.5-3 . Membership; nomination of members; terms of
office and vacancies; appointment of the CIVILIAN
[INVESTIGATIVE] PANEL nominating committee.
SubEi';s1U,,-_1 into t°�n- public
rccond in ccnneclinn with
iteral I n a
o�pel�
(1) Membership. The CIVILIAN [INVESTIGATIVE] PANEL
shall consist of -{153 [nine (9)] members appointed as follows:
(a) The Miami City Commission shall select and appoint
[seven (7)] members from the names submitted by the
CIVILIAN (INVESTIGATIVE] PANEL Nominating Committee;
(b) The Mayor shall select Efet3r Fnembers) [one (1)
member] from the names submitted by the CIVILIAN [INVESTIGATIVE]
PANEL Nominating Committee which selections shall be ratified and
appointed by the City Commission;
(c) The Chief of the City of Miami Police Department
shall appoint one [(1)] member, who shall serve at the will of
the Chief of Police.
(2) Nomination of members. The Miami City Commission shall
appoint a CIVILIAN [INVESTIGATIVE] PANEL Nominating Committee to
solicit and screen applications, interview candidates and submit
nominations to the City Commission for appointment to the initial
CIVILIAN [INVESTIGATIVE] PANEL. All appointments to the CIVILIAN
[INVESTIGATIVE] PANEL should be made with sensitivity to the
[gender,] racial, ethnic, religious, linguistic and cultural
diversity of the City of Miami.
(3) Appointment of the CIVILIAN [INVESTIGATIVE] PANEL
Nominating Committee and selection of appointees to the CIVILIAN
[INVESTIGATIVE] PANEL.
a) The CIVILIAN [INVESTIGATIVE] PANEL Nominating Committee
shall be comprised of at least nine and no more than fifteen
members representing community based, civic and social service
groups, leagues and organizations having roots in and ties to the
City of Miami and Miami -Dade County. Said groups, leagues and
organizations shall be solicited and given notice to submit to
the City Clerk from their membership, the names of the individual
or individuals that such groups request the City Commission
appoint to the Nominating Committee.
(b) The CIVILIAN [INVESTIGATIVE] PANEL Nominating Committee
shall solicit applications for members of the CIVILIAN
[INVESTIGATIVE] PANEL in public notices disseminated throughout
the community and through the media and City of Miami NET Offices
in English, Spanish and Creole. In addition, applications may be
submitted by community based, civic and social service groups,
leagues and organizations.
Submitted into the public
rec0,d in connection with
item s— on
12,41 8 S City Clerk
(c) The Nominating Committee shall submit a list of
(twenty eight) [sixteen (16) ] nominated individuals for City
Commission consideration for appointment to the CIVILIAN
[INVESTIGATIVE] PANEL. Each nomination shall require a majority
vote of the CIVILIAN [INVESTIGATIVE] PANEL Nominating Committee.
(d) Qualifications for members of the CIVILIAN
[INVESTIGATIVE] PANEL.
(1) All members of the CIVILIAN [INVESTIGATIVE] PANEL
shall either be permanent residents of the City of Miami,
own real property in the City of Miami, or work or maintain
a business in the City of Miami, and shall have good
reputations for integrity and community service bra—sem=
(2) No appointee to the CIVILIAN [INVESTIGATIVE]
PANEL, nor any member of the appointee's immediate family,
shall be currently employed by the City of Miami nor
currently be a party or party's legal representative in
litigation against the City of Miami. The filing of a
complaint against the City of Miami alleging liability of
the City of Miami through actions of any Police (ar ether
sworn er enfereement r_____= =_; shall immediately disqualify
any appointee from serving on the CIVILIAN [INVESTIGATIVE]
PANEL. Any appointee who has been the legal representative
of any party in litigation against the City of Miami is
prohibited from serving on the CIVILIAN [INVESTIGATIVE]
PANEL for two years from the conclusion of such litigation.
(3) Upon assuming the duties of the CIVILIAN
[INVESTIGATIVE] PANEL, members shall complete training in
ethics, conflict of interest, Florida Sunshine Law, and
shall commit to complete Citizens Police Academy Training or
approved training through NACOLE (National Association of
Citizens' Oversight of Law Enforcement) or equivalent
programs.
(e) The City Commission shall appoint all members of the
CIVILIAN [INVESTIGATIVE] PANEL (except the appointee of the
Chief of Police) by majority vote exclusively from the
nominations submitted to it by the Nominating Committee.
(f) Vacancies, (other than the position to be filled by the
City of Miami Police Chief) in the membership of the CIVILIAN
[INVESTIGATIVE] PANEL shall be filled by the Miami City
Commission exclusively from names submitted to it by the CIVILIAN
[INVESTIGATIVE] PANEL.
(4) Terms of Office. The terms of office of the
members of the CIVILIAN [INVESTIGATIVE] PANEL appointed by the
City Commission shall be for three years, except for the initial
terms that shall be (five) [three (3)] members for two years,
Submiited into t l<o plub0c
record in cc r 10,c= cn %,,rith
Item Cn
1 2C .City '=Jerk
(five fnem rs ) [two ( 2) ] for three years and f€ettr;~ [three (3) ]
members for four years to be determined by lot. The terms of the
members appointed by the City Commission shall be unaffected by
the terms of the Mayor and City Commissioners. CIVILIAN
!INVESTIGATIVE] PANEL members shall continue to serve until their
successors have been appointed and qualified. No CIVILIAN
(INVESTIGATIVE] PANEL member shall serve more than nine
consecutive years on the CIVILIAN [INVESTIGATIVE] PANEL.
Sec. 11.5-4. Officers.
The CIVILIAN [INVESTIGATIVE] PANEL shall elect, by majority
vote, from its members, a chairperson, vice -chairperson, and such
other officers as deemed necessary. The chairperson of the
CIVILIAN [INVESTIGATIVEI PANEL shall have the power to appoint
all members serving on the various committees that the CIVILIAN
[INVESTIGATIVE] PANEL may establish from time to time.
Sec. 11.5-5. Meetincrs, quorum and voting; attendance
recruirements; notice; parliamentary procedures and rules of
procedure; recordation.
[(]1) Meetings, quorum and voting. All meetings of the
CIVILIAN [INVESTIGATIVEI PANEL shall be open to the public. The
Chairperson or three ( 3 ) members of the CIVILIAN [INVESTIGATIVE]
PANEL may call a meeting, provided that the meeting is noticed
for at least seven days prior to the meeting date and pursuant to
the provisions set forth in Section 42-91. A quorum shall
consist of (eight] [five (5) ] members of the CIVILIAN
[INVESTIGATIVE] PANEL. An affirmative vote of not less than
fifty-one percent (51%) of the members present and voting at any
meeting is required for any action to be taken by the CIVILIAN
[INVESTIGATIVEI PANEL unless otherwise set forth herein.
[(]2) Attendance requirements. The provisions set forth
in Section 2-886 of this Code shall apply to all members of the
CIVILIAN [INVESTIGATIVE) PANEL.
[(]3) Parliamentary authority and rules of procedure.
The parliamentary authority of the CIVILIAN [INVESTIGATIVE] PANEL
shall be Robert's Rules of Order (Current Edition) unless the
CIVILIAN [INVESTIGATIVE] PANEL adopts its own order of business
and rules of procedure governing its meetings, and actions on
matters within its jurisdiction, not inconsistent with the
provisions set forth herein, which rules of procedure shall be
filed with the City Clerk. Copies of minutes of all CIVILIAN
[INVESTIGATIVE] PANEL meetings shall be furnished to the Mayor,
Commissioners, City Manager, City Attorney and Chief of Police.
[ (] 4 ) Recordation. The CIVILIAN [INVESTIGATIVE] PANEL
shall be responsible for the recordation and transmittal of its
Submitted into the public
record in connection with
item /6 on!2 y- 03
_Wafterfbe n
12 8City Clerk
minutes and may request the City Clerk to carry out recordation
functions.
Sec. 11.5-6. Procedures.
The following procedures shall be followed:
(1) FILING COMPLAINTS: Complaints concerning allegations of
misconduct may be submitted to the CIVILIAN (INVESTIGATIVE] PANEL
(a) All complaints shall be reduced to writing using a
Citizen Complaint Form, or other form approved by the CIVILIAN
[INVESTIGATIVE] PANEL for that purpose(, anel signed by the
eemplainant-er legal gua 3;
(b) The Police Department shall be notified of complaints
received by the CIVILIAN [INVESTIGATIVE] PANEL within (} [five
(5)] working days. Complaints received in a manner other than
that specified in (a) above -((fems—example, by telephene—er in
shall be retained by the CIVILIAN !INVESTIGATIVE] PANEL
for informational purposes only;
(c) All complaints must be submitted within a year of the
date of the incident giving rise to the complaint. Complaints
filed after one year of the alleged misconduct may, however, be
`_ eei :__a_; [reviewed] by the CIVILIAN [INVESTIGATIVE] PANEL only
if approved by a majority vote of its members;
(d) The CIVILIAN [INVESTIGATIVE] PANEL shall not accept
complaints concerning incidents predating the effective date of
the City of Miami Charter amendment providing for this Chapter.
C(2)3
(2) REVIEW OF COMPLAINTS: The review [and/or
investigation (-reviewff)] of complaints shall proceed
as set forth herein(, previeleel hewever that independent 7
-_ _ --L-g��re�by the e1- 1T TTTi-P2"ST E13 shall belzmiteel
te-ori-seeneluetby-swern peliee. }[:
(]a) Investigation of complaints related to
police misconduct received by the CIVILIAN
[INVESTIGATIVE] PANEL. The CIVILIAN
[INVESTIGATIVE] PANEL may proceed with an
investigation (after Bete -..,.inat est --by} [of a
complaint that may result in the prosecution of a
felony, after consultation with] its independent
counsel, [(]who shall be required to consult with
the appropriate prosecutorial agencies}[), upon
determination] that an investigation will not
interfere with (may) [a] pending criminal
investigation. A decision of the CIVILIAN
Submitted into tie public
record iii �; t; �� with
-D
item 1 ,5 - cn
City Clerk
[INVESTIGATIVE] PANEL to proceed with an
investigation may be challenged by any agency
engaged in such investigation or prosecution by
seeking judicial order in law or equity in a
court of competent jurisdiction in accordance
with general law;
[(]b) Internal Affairs Reports. At the conclusion of
the Internal Affairs investigation, the Internal
Affairs report prepared for the Chief of Police shall
be transmitted to the CIVILIAN [INVESTIGATIVE] PANEL
within three working days;
eeeipterthe �written nem eati-en that �-�n indry ndent
`r' c
investgatren of allegatiens of Peliee—�4ee11dtret—may
eemmenee er after reviewanddemeratien of the3
[(c) Upon receipt of a complaint or after review of
an] Internal Affairs report, the CIVILIAN
[INVESTIGATIVE] PANEL may:
(i) request that the Chief of Police conduct
further investigation, or
(ii) obtain further case -specific information from
the Chief of Police, including written materials, audio
or video tapes, and related documents, or
(iii) conduct an independent investigation, or
(iv) notice and hold a hearing to gather evidence,
(v) report its written findings and conclusions
to the City Manager and/or the Chief of Police;
(d) If the CIVILIAN [INVESTIGATIVE] PANEL fails to act
within the time periods specified in subsection (3) herein below,
the complaint file shall be closed without a finding;
(e) The CIVILIAN [INVESTIGATIVE] PANEL Chairperson may
{assn-} [a ssign] a member or committee to review the Internal
Affairs report for each complaint and make a recommendation that
the CIVILIAN [INVESTIGATIVE] PANEL take one of the actions
enumerated in subsection (b) above;
(f) Affected officers, and complainants, to the extent
permitted by law, shall receive copies of CIVILIAN
[INVESTIGATIVE] PANEL reports to the Police Department, and of
the CIVILIAN [INVESTIGATIVE PANEL' s] requests for
information.
tlt0 the
r0curd :m corm, l!'on WIth
Reim /5 c?,a_ v a
fem n
1.2" S City Clerk
(3) TIMING OF REVIEW: The review process shall be
concluded:
(a) Within thirty (30) days of receiving either (the) [a
complaint or an] Internal Affairs report (ems-netifieati-en that an
if the CIVILIAN
!INVESTIGATIVE] PANEL finds that no further proceedings are
needed;
(b) Within sixty (60) days of receiving either Ethe3 [a
complaint or an] Internal Affairs report (ei- netifieetrenthat an
independent investigatien may eefmenee3, if the CIVILIAN
[INVESTIGATIVE] PANEL determines that further proceedings are
needed;
(c) The CIVILIAN [INVESTIGATIVE] PANEL may extend the time
for review {an} [for] additional [periods of] sixty (60) days if
further investigation by the CIVILIAN [INVESTIGATIVE] PANEL is
warranted.
(4) FINDINGS AND CONCLUSIONS: At the conclusion of each.
review, the CIVILIAN [INVESTIGATIVE] PANEL shall render one of
the following findings based on the preponderance of the
evidence:
(a) Unfounded where the review shows that the act or acts
complained of did not occur or were misconstrued;
(b) Exonerated where the acts that provide the basis for
the complaint occurred, but the review shows such acts were
proper;
(c) Not Sustained where, for example, the review fails to
disclose sufficient facts to prove or disprove the allegation
made in the complaint;
(d) Sustained where, for example, the review discloses
sufficient facts to prove the allegations made in the complaint;
(e) No Finding where, for example, the complainant failed
to produce information to further the investigation, the
investigation revealed that another agency was responsible, and
the complaint has been referred to that agency, the complainant
withdrew the complaint, the complainant is unavailable to clarify
the complaint, or the officer is no longer employed by the City,
or the CIVILIAN [INVESTIGATIVE] PANEL did not reach a conclusion.
(5) REPORT TO CHIEF OF POLICE: At the conclusion of its
review (and/e[, ] the CIVILIAN [INVESTIGATIVE]
PANEL shall forward its written findings and conclusions to the
Chief of Police and to affected officers and, to the extent
permitted by law, to the complainants to which a timely written
Submift,,-3d into the public
rOcord in connection with
Item -LEL—on
,wa4erfts-m-An
1 Jgity Ciera
response shall be received from the Chief of Police within 30
days.
-( (6) REVIEW )FC-9vi4PLARFPS RELATED £fit S£PAR1PMEPd1PS .
-e i tiEen eemplaints r ee ei v edby the -eIV!L121W-PANEL related
to any department-otherthan the Felice -department a teed in
See. 1I.S 2(1)shall be ferwarded to the City Manager, City
-
(b)The depend-dl r eet e r ef any-ethe -departments entunerated
abeve ,he reeeives a eitizen-eemgla nt against any swern--ems
enfereefftent personnel—shall premptly forward a eepy of the
eamplu-int-tethe - Manager, erney-and C-IVIL3-Aa2 PANEL. _
The --C-IVILIAN-RMiE L i vi lmaintain, e g o f eemp l.-� i n t s and :- -.Z- t -,=
of eabege en. The PPIiE-L may reeftiest repels-er
-___ st_gati-ens—anddi-seiplinary aetiens—inv=e-iving swern and
enfereementpersennel f ew e departments enthifterated—in See-.
345- 2 (1) . ]
Sec. 11.5-7. Subpoena power.
(1) The CIVILIAN !INVESTIGATIVE] PANEL may subpoena
witnesses and documents when conducting an independent
investigation of allegations of Police misconduct as follows:{}
(a) A request for a subpoena must be presented to and
reviewed by the CIVILIAN (INVESTIGATIVE] PANEL Independent
Counsel;
(b) The CIVILIAN [INVESTIGATIVE] PANEL Independent Counsel
may deny or approve the request after consulting with the State
Attorney's Office;
(c) If approved by the CIVILIAN [INVESTIGATIVE] PANEL
Independent Counsel, the CIVILIAN [INVESTIGATIVE] PANEL may issue
the subpoena with an affirmative vote of Wit] [five (5)] of
its members.
(2) The subpoena shall be valid only within the
jurisdictional limits of the City of Miami, Florida. However,
the CIVILIAN [INVESTIGATIVE] PANEL may seek enforcement and
extraterritorial domestication of its subpoenas in accordance
with general law.
Sec. 11.5-8. feeei5eratiest-ef Gi+Av=--e �eyees and effieialsth
[Rights of City Employees and Officials Appearina Before]
the CIVILIAN [INVESTIGATIVE] PANEL.
Juba "ed into the publiC
record in Gonne tion with
item �_ on -- N -o �-
(1) When a City of Miami employee appears before the
CIVILIAN (INVESTIGATIVE] PANEL in response to a subpoena, such
employee shall be formally advised prior to the commencement of
testimony that if the employee has a good -faith belief that the
testimony would tend to be self-incriminating, and if, in
reliance upon that good -faith belief, the employee declines to
answer any question, that the employee's decision not to provide
testimony will not subject him or her to any adverse employment
consequences. Any employee who, after receiving such advice,
decides to testify or provide evidence, must sign a statement
acknowledging that the employee understands the advice and is
testifying or providing evidence voluntarily and knowingly.
(2) A police officer who is the subject of an investigation
shall be informed of the nature of the investigation -(prier fie
being inter egate ; and provided with a copy of the complaint
[prior to being interrogated].
(3) A person who appears before the CIVILIAN
[INVESTIGATIVE] PANEL in response to a CIVILIAN [INVESTIGATIVE]
PANEL request for testimony may be represented by counsel or any
other representative of his or her choice, which representative
may be present at all times during the subject's appearance
before the CIVILIAN [INVESTIGATIVE] PANEL.
(4) The CIVILIAN [INVESTIGATIVE] PANEL may hold evidentiary
hearings requiring witnesses in the manner set forth in Sec.
11.5-5. Only the witnesses, their attorneys or representatives
and CIVILIAN [INVESTIGATIVE] PANEL members may participate in
evidentiary hearings.
(5) Policies and procedures shall be established to ensure
compliance with Chapters 112 and 119 of the Florida Statutes and
any other applicable laws.
Sec. 11.5-9. Administrative assistance; independent counsel.
When requested by the CIVILIAN [INVESTIGATIVE] PANEL, the
City Manager, City Attorney, and the City Clerk shall provide
full cooperation and assistance, however, the City Manager and
City Attorney, are not required to attend the meetings of the
CIVILIAN [INVESTIGATIVE] PANEL, except to advise the CIVILIAN
[INVESTIGATIVE] PANEL, at its first meeting, of procedural laws
and regulations related to public records and the Sunshine Law.
The City Clerk and the City Attorney may conduct annual workshops
to further inform the CIVILIAN [INVESTIGATIVE] PANEL of the
aforementioned laws and regulations. An attorney-at-law admitted
to practice in Florida for at least seven years shall be employed
by the CIVILIAN [INVESTIGATIVE] PANEL as Independent Counsel}
subject to (the-appreval of the-Gity Atterney-ate) the authority
of the City Attorney to remove the Independent Counsel from
employment.
Subr,-1ittod into tbo public
record
i in ccvilth
d�ncv¢icY
ern on d �-
1211, Ci Clerk
Sec. 11.5-10. Review and approval of annual budget.
(1) Effective immediately, the CIVILIAN [INVESTIGATIVE]
PANEL shall establish a fiscal year that coincides with that of
the City. The CIVILIAN [INVESTIGATIVEI PANEL shall submit to the
City Commission, in a form acceptable to the City Manager, and no
later than April 1 preceding the commencement of each fiscal
year, a CIVILIAN [INVESTIGATIVE] PANEL budget request pertaining
to its functions. The City Manager shall assign appropriate
personnel to assist in the preparation of the budget for the
CIVILIAN [INVESTIGATIVEI PANEL and provide administrative support
to the CIVILIAN [INVESTIGATIVE] PANEL. The City Manager shall
present the total estimated dollar appropriations necessary to
cover expenses incurred by the CIVILIAN [INVESTIGATIVE] PANEL
during the execution of its duties to the City Commission for its
review and consideration in the annual budget of the City of
Miami. Nothing contained herein shall be construed to prohibit
the CIVILIAN [INVESTIGATIVEI PANEL from submitting a supplemental
budget and appearing before the City Commission to request
approval.
(2) No expenditure shall be made in any given year without
approval by the City Commission of the CIVILIAN [INVESTIGATIVEI
PANEL budget for that year and all expenditures shall comply with
City procedures for acquisition of goods and services.
(3) No provision contained in this Chapter shall be
construed to violate the Anti -Deficiency Act, as set forth in
Sections 18-500 through 18-503 of this Code.
'(W— At the—eenclusi-en of eneyear fi-em the effeetive El to of
this ehapter, .fie+
[4) The] members of the CIVILIAN [INVESTIGATIVE] PANEL
(may} [shall] appoint an executive director of the CIVILIAN
[INVESTIGATIVE] [and approve] the
terms and conditions of the(direeter's empleyment shall he
sub-eet be- ppreval by a -€ems-- fifths - vete of the r; t e -
The -direetAr-9he!! take th be fev entering upen any duties.)
[executive director's employment. The executive director may
hire or engage such additional personnel as necessary to provide
for the efficient functioning of the CIVILIAN INVESTIGATIVE
PANEL.]
Sec. 11.5-11. Notices and filing of records
Notice of meetings shall be posted by the City
Clerk at City Hall and other appropriate locations
after being apprised by the CIVILIAN
[INVESTIGATIVE] PANEL of an upcoming meeting(s).
Advertisements of meetings shall be placed in
newspapers of general circulation no less than
.jubrnr °aJo inio the public
record in connection with
iters 4L_ on
....er oeman
City Clerk
seven (7) days prior to the meeting. It shall be
the duty of the City Clerk to comply with
applicable laws related to filing of records.
Sec. 11.5-12 Annual Reports.
The CIVILIAN [INVESTIGATIVE] PANEL shall, at least annually,
provide a report in writing to the City Manager, the City
Commission, the Chief of Police and the Mayor, to include
statistics and summaries of citizen complaints, a comparison of
the CIVILIAN !INVESTIGATIVE] PANEL's findings and conclusions
with the actions taken by the Chief of Police, recommendations
related to changes in policies and procedures and any recommended
changes to this Chapter.
Sec. 11.5-13 - 11.5-100. Reserved."
Section 2.All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are repealed.
Section 3.If any section,
clause, phrase or word of this
the remaining provisions of
affected.
part of section, paragraph,
Ordinance is declared invalid,
this Ordinance shall not be
Section 4.This Ordinance shall become effective thirty (30)
days after final reading and adoption (theree€.-4}[thereof. 2/1
PASSED ON FIRST READING BY TITLE ONLY this
, 2002.
day of
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this
day of , 2002.
2/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
Subm tted lr^to the public
record in cccnec ion with
item /S an a - - d
,' City Clerk
MANUEL A. DIAZ, MAYOR
ATTEST:
SYLVIA SCHEIDER
ACTING CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W1103 2-6-02
[MIA\81743.1]
jubmitt d into the public
record in connection with
item t on
%WM�emzrn
S City Clerk
IC6:IIt0. .
AN ORDINANCE OF THE MIAMI l CITY OOMMISSION CREAT-
ING- NEW CIiART 11.5 OF THE 0014E OF.1HE CITY OF M4
AMI, FLORIDA, AS AMENDED, ENTITLED 'CIVILIAN COM -
.PLAIN T INYE XJGA9W L REVIEW" TO CREME AND
ESTABLISH THE CIVILIAN INVESTIGATIVE PANEL
TO°S6RW AS INDEPENDENT CITIZENS' OVERWir1r A FrH
AUTHOftTTYT1?r IOw MATED TO
ALLEGATIONt$'O f�DCiCTM tIEV1EW POLI -
CI SQFTJ-EPOLICEt PAR' WNT:IgEVIEWREPORTSDF
1�l�17tTIOWS UC1' AN d "POLICIES QF
CERI'AHrt ENUI{AEAATED ITS AND PtHSOW
NEL; FORWARD COMPLAINTs AILEdM CRIAIIINAL ACTIV-,
MY TO REf.E1GANT A E.AICIE$:.SS� .SU S FOR
�M*gA - "
POLICE RLkKiEb'9TAFTER�SULTA-
TION WITH TK, STATE ATTR, FROVIDEII THAT NO
TAIN OTHER 'ENFOR AND FIRE OFFI-
CERS SET TING 'FGR 01 S? S
AND DliffES �8F11P, N0164INAI10N' SERS
TERM$ OF OFFfCE,-yA *NC % OFFICERS, P.ARCIAMEN
TAhY AUTHORITY;. LE :`PROdEDlJAE T
MEES,
volanEd AND t3UCJR M. S&*ATTENDANCE ' AEQUIREtMENT'S..
SEL AND MORE p ULARLY BY AMENDING $X1 TION
2-*Ato yEiN SL'CT (S 4 , THROUGH 42.0 TO SAID
E;'DIREOTING C1'I fUAkAGER TO PRESEW A RE
06AT, TO THE CITY MON AS -TO TOTAL ESU
MATED DOLLAR_ ALt CATT S tJ1et SSARY:TO COVER
P 0ENSES TO BE INCI BYTH£'CIP DURING THEEX-
ECtiTIO1V OF ITS ; 04-friES AND Pf ESENT SAME TO THE r
CITY COMMISSION ITS AEVt»l AND CONSIDERA
TION; t.Oh1TAiNiNq AA1 PIbVlS1ON,.ANC A SEV
ERABiLiTY CL/iUSE:
;.
...Said prilpbBed ordintrraybe irlspt�led',by tbe,plabliC at Zfte
Office of the City Clerk, 351 „Pan Arner1cith"Dfiili, l 9trfi; f10fi
da, Mpndayy throu9h;Fdday,exeludn JmUdlays, between the
hours of &d.r i. wid 3 p.m.,
AN interestod-persmns q* ak thB rneu> and may be Ae rL
with-r�speetto 0 '0oposed 6A;41b"Shquld'ahy person desire t6.'.I,
peal any decision of the City C mmWsion with respect to any matter to
considered at rtleetlrp, that pemon sbau ensure that a vwbatipf
rec*4 of the '1t3,(r>vAde a l'lbstimonT'W e •
upon whiCfi' rr>afyr be bused.
SYLYIA Sw1�ER y
' . V1..GiT:�
(#40439) -
2/ _ 02-4-68/234032M