Loading...
HomeMy WebLinkAboutR-01-07250 0 J-01-657 7/19/01 RESOLUTION NO. 01 _ 725 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRRCTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT AN ELECTION TO BE HELD ON NOVEMBER 6, 2001, PROPOSING, UPON APPROVAL OF THE, ELECTORATE, TO CREATE AND ESTABLISH A CIVILIAN INVESTIGATIVE PANEL, TO ACT AS AN INDEPENDENT CITIZENS OVERSIGHT PANEL TO CONDUCT INVESTIGATIONS, REVIEW SHOOTINGS AND EXCESSIVE FORCE ALLEGATIONS, CRIMINAL INQUIRIES, AND E;XTSTING POLICY OF THE POLICE DEPARTMENT, O BE: (A) COMPOSED OF A NUMBER OF CIVILIAN MEMBERS TO BE DETERMINED WHO SHALL BE NOMINATED BY THE PUBLIC AND APPROVED BY THE: CITY COMN.ISSION; (B) STAFFwT) WITH PROFESSIONAL PERSONNEL; (C) OPERATED ON AN ANNUAL APPROVED BUDGET; AND (D) AUTHORIZED WITH "SUBPOENA POWERS" THAT MAY ONLY BE USED IN "CONSULTATION" WITH THE STATE ATTORNEY OF MIAMI-DADE COUNTY, SAID CHARTER AMENDMENT TO BE DRAFTED ONLY AFTER THE CITY ATTORNEY MEETS WITH THE FRATERNAL ORDER OF POLICE AND THE: COMMUNITY AND CITIZENS' ORGANIZATIONS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is directed to prepare an amendment to the Charter of the City of Miami, Florida, as cm U22=10 DA JUL 19 2001 W cid.— 725 amended, for consideration at an election to be held on November 6, 2001, proposing, upon approval of the electorate, to create and establish a Civilian Investigative Panel, to act as an independent citizens oversight panel to conduct investigations, review shootings and excessive force allegations, criminal inquiries, and existing policy of the Police Department, to be: (A) composed of a number of civilian members to be determined who shall be nominated by the public and approved by the City Commission; (6) staffed with professional personnel; (C) operated on an annual approved budget; and (D) authorized with "subpoena powers" that may only be used in "consultation" with the State Attorney of Miami -Dade County, said charter amendment to be drafted only after the City Attorney meets with the Fraternal Order of Police and the community and citizens, organizations. Section 2. This Resolution shall become effective immediately upon .its adoption and signature of the Mayor.'-� 1/ If the Mayor does not sign this Resolution, it shall become effective at the end of tan calendar days from the data it was passed and adopted. If the Mayor vetoes this Resolution, it. shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 PASSED AND ADOPTED this 19th day of July , 2001. JOE CAROLI.O, MAYOR M " M w Haft Code pec. 2414 shoe the Mayor dW not k i&ft j*wat d ATTEST:by e0*0 k M the designated p4o pmvkded. Bald ke0ie1atfon now montes etksoNve with the elopes of tan (10 01 action nparding swuh WOW the WALTER J. FOEMAN'�/� CITY CLERK APPROVEa AS TOR ORRECTNESS: , Page 3 of. 3 01-• 725 • CITY OF MIAMI CITY ATTORNEY'S OFFICE TO: Mayor and Members of the ' Comm' ion FROM: Alejandro Vilarello, C' A DATE: June 29, 2001 ..•+""""""�� RE: City Commi eeting-J y 10, 2001 Recommendations for a ' ilian Review Panel ni " Attached are the recommendations of the Subcommittee of the Civilian Review Panel. On or before the July 10, 2001 City Commission Meeting, an ordinance will be prepared for consideration on first reading to establish a Civilian Review Panel. W586:MJC:BSS ;sn-21-0 03 szom From-PiNTON AND MIL::SNS •30si102e62 T-696 P 03/05 F-ii! To: Civilian Review Panel • DATE: June 22, 2001 Subcommittee FROM Marry Steinberg FILE- OBSERVATIONS AND RECOMMENDATIONS REGARDING CIVILIAN REVIEW PANEL The Subcommittee has reviewed numerous studies regarding Civilian Review Panels, The Miami Dade Independent Review Panel, the current review procedures of the Miami Police Department [MPDJ, referred to as the Office of Professional Compliance JOPCJ and has discussed the interests of both law enforcement and citizen oversight. Based an our analysis we make the following observations and recommendations: OBSERVATIONS We begin with the proposition that the investigation of a shooting, excessive force and related matters are, in essence, criminal Inquiries to be investigated in the first instance by law enforcement authorities. In cases where a police officer is a suspect the Miami Police Department's Internal Affairs Unit [IA] is usually given the responsibility to investigate the matter. The Subcommittee agrees that the IA should continue to be given the authority and responsibility to investigate the matter and recommend appropriate action. The Subcommittee also believes, however, that citizen oversight of such investigations [where the police are investigating the police) are critical to maintain the integrity of the system, to provide a forum for citizens and citizen groups, to provide an independent audit of IA inquiries and to recommend changes in policies and procedures for the MPD. The Subcommittee believes that care must be exercised to strike a balance between interfering with a legitimate police investigation and providing an independent body to reassure the community that appropriate discipline is applied in a fair and impartial manner. The Subcommittee also believes in fiscal integrity and avoiding duplicating administrative functions already in place. RECOMMENDATIONS Having made the observations stated above, the Subcommittee makes the following recommendations: f31- 725 jo-21-11 03 53om FfC3-4UN'CN AND W.."I w5 H05Ht02e62 t -SCA P 04/05 F-911 1. Utilize the present Office of Professional Compliance (OPC) staff and structure. 2. Change the name of the OPC to the MPD Citizen Review Panel (CRP! 3. Add 3 to 5 Volunteer Citizens to the CRP 4 The City Manager should estatAsh a selection committee to select the volunteers. The Subcommittee suggests an appointment mechanism similar to that employed by the Public Health Trust of Miami Dade County as embodied in Section 25A -3(d) of the Public Health Trust Act. 5. Whenever a police shooting is made, IA must refer the police incident report to the CRP within 72 hours of the matter being referred to IA. Whenever an allegation of excessive force is made, IA must refer all such investigations and reports to the CRP within 72 hours of the matter being closed by IA. The Sub - Committee recommends that the City Attorney seek an opinion from the Attorney General to determine if information and reports regarding allegations of excessive force can be released to the CRP at any earlier time. 6. The CRP shall open a file on all such matters and meet penodically to determine which IA inquiries it wishes to monitor. Once such decision has been made the CRP shall open a file with respect to such matter. 7 When the IA closes its investigation - but before any sanctions are imposed or exoneration is provided, reports, interviews or other memorandum prepared by IA regarding the matter the CRP has decided to monitor shall tie provided to the CRP within 72 hours. The CRP will use its best efforts to review the matter in an expedited manner so as not to interfere with any final determination as to sanctions or exoneration. Should the investigative reports lose their exemption from disclosure under the Sunshine Act for any other reason, such as they were provided in discovery in litigation, such reports should be forwarded to the CRP. B. The CRP shall assign trained investigators (who have never been employed by the MPDJ to review such materials and report to the CRP as to the need for any further action. 9. Based on such reports, the CRP can recommend that a CRP investigator re- interview witnesses, review physical evidence, confer with the coroner or other experts and report back to the CRP. 10. If the CRP differs with the conclusions of the IA, based upon it's independent inquiry, the CRP may recommend to the City Manager and the Chief of Police that the investigation by IA be re -opened and reviewed and/or that the matter referred to the City or State Attorneys Office for review. 11. To accomplish the responsibilities referred to above the CRP must employ former state or federal law enforcement officers, who have never been employed Dy the MPD to act as investigators for the CRP. Alternatively, law enforcement officers from agencies other than the agency in question may be detailed to the CRP to perform investigations. 12. To accomplish the responsibilities referred to above the CRP requires adequate staffing and funding. -2- U 1. -- 7 2;5 .I-01 93:S3om fr�tn-I1;01td1 A.�D R1ttI�pS •3011OZO?0 T-1191 P OnS F-111 13. All CRP proceedings will be open to the public. Policies and procedures must be established to protect sensitive law enforcement reports and information consistent with Chapter 119 of the Florida Statutes. 14. Citizens and citizen groups may file complaints with the CRP or to request the CRP to open a file as to any matter. The CRP will utilize the same procedure referred to above to determine whether to open a file. The CRP may have established mechanisms such as a toll free 800 number to facilitate such contracts. 15. The CRP shall have authority to issue reports to the City Manager, the Chief of Police and the public at large to make recommendations as to policies and procedures of the MPD and to monitor their implementation. Any such recommendations shall be provided to the Chief of Police for review and r comment thirty (30) days prior to being published and the CRP may consider any comment the Chief of Police provides in rendering it's final report. 16. The MPD will not sanction or exonerate a law enforcement officer until the CRP completes its inquiry and issues its report or recommendation. 17. The MPD shall take all steps and employ all procedures thaat facilitate this recommendation. 18, The CRP should be located in a neutral facility such as the Miami Riverside Center. The Subcommittee believes that these observations and recommendations strike an appropriate balance between the indepengence needed by law enforcement to perform criminal investigations and the need for citizen oversight and participation. 490"V4 -3- U1- x'25 &sdsod 7,2k/ Proposal For a Civilian Investigative Panel (CIP) City of Miami, Florida THE CHARTER OF T111: CITY OF MIAMI. SHALL BE AMENDED TO ESTABLISH A CIVILIAN INVESTIGATIVE PANEL (CIP) AS DESCRIBED BELOW: Section 1. Name: The panel shall be known by the name of Civilian Investigative Panel (CIP). Section 2. Panel Composition: The CIP shall consist of nine (9) members each of whom is required to be a resident of Miami -Dade County and possess a reputation for civic pride, integrity, responsibility, and has demonstrated an active interest in public affairs and service. Seven (7) of the CIP members shall be selected by community based organizations, initially identified by ordinance, whose mission is the protection of civil and human rights. The list of community based organizations may be modified by the CIP. a. In addition to the seven (7) CIP members selected by the community based organizations, the Community Relations Board from the City of Miami is invited to designate two (2) of it's members to serve on the CIP. b. None of the CIP members, nor any member of their immediate families (spouses, siblings, children or parents), shall be a current or former employee of the City of Miami or law enforcement officer of any jurisdiction, and none of the community based organizations shall be a recipient of any City of Miami funding. Terms of Service: 'Three (3) members shall serve an initial term of one (1) year, three (3) shall serve an initial term of two (2) years, and the remaining members shall serve an initial term of three (3) years. The assignment of one year, two years, or three years initial terms shall be determined by lot. The term of a CIP member shall be three (3) years except for the aforesaid initial terms. Section 3. General Authority and Powers: The CIP may hold public hearings, conduct investigations, make factual determinations, draw conclusions, propose recommendations and prepare interim and final reports on matters relating to complaints made (I) Submitted Into the put•l+j record In connection, to ; Item - IV -1 on 01- 725 5 Walter t'-t:cirr n n.6. by civilians or initiated by the CIP against sworn officers of the City of Miami Police Department. b. The CIP shall constitute an "appropriate local official" for purposes of protection under the Florida Whistle Blower Act, Fla. Statute 112.3187(6). c. The CIP shall establish, inter alia, the principle of accountability by investigating and hearing civilian complaints of alleged police misconduct to ensure that persons with grievances have a place to turn and thereby help discourage police misconduct. Complaints alleging criminal activities shall be forwarded to the relevant prosecuting agencies for appropriate action. d. Due Process Rights: The CIP acknowledges the due process rights of sworn officers engaged in the complaint process e. Mandatory Police Cooperation: The City of Miami Police Department shall cooperate with the CIN to the fullest extent of the law f. Adequate Funding: The City shall establish and fund a budget adequate to support all the functions ofthe CIP. g. Early Warning, System. The CIP shall establish an early warning system which will identify officers who are subjects of multiple complaints. The CIP shall have the authority to investigate the behavior of sworn officers. The CIP shall have the authority to direct the appropriate City of Miami official or administrator to sanction a sworn officer for misconduct up to and including termination of employment, subject to Civil Service Rules and any existing contract. Policy Recommendations: The CIP shall have the authority to review policies and the selection process for police officers, and provide a forum and make recommendations for reform. At least one member of the CIP shall have a seat on any police related policy review committee j. (i) Compulsory Attendance of Witnesses: For purpose of conducting an investigation, the CIP may obtain the compulsory attendance of witnesses at CTP proceedings. No person shall he compelled to appear as a witness before the CIP in contravention of his/her state or federal rights to be free from compelled self-incrimination. (ii) The methods for obtaining such compulsory attendance of witnesses shall be by subpoena issued by the CIP. The CIP may also issue subpoenas duces tecum to obtain documents or other tangible items. Such subpoenas shall be enforced by order of the appropriate couWubmltted into the publb moord Section 4. Staffing and Offices: IMM - +" —an am with Ittenrt ��.. Walter Foeman (2) City Clerk 01- 725 a. The CIP shall hire an Cxecutive Director who will be responsible for the selection of other employees to include a sufficient number of law enforcement and criminal justice experts, investigators, clerical support and other personnel as the CIP deems necessary to fulfill its mission. No CIP employee shall be a current or former police officer of Miami -Dade County or any municipality therein. b. The CIP and its staff shall be housed in offices that are not located in the Police headquarters or any of its substations. Section 5. Legal Counsel: The CIP shall have authority to retain the services of an independent legal counsel. Section 6. Validity: This act shall be valid unless declared otherwise by a court of competent jurisdiction. If any section, subsection, sentence or clause this act is held invalid, the remainder of this act shall not be affected by such invalidity. Section 7. Implementation: The Commission of the City of Miami shall enact an ordinance establishing a Civilian Investigative Panel as described generally above. -' 0 Draft Document • Concept Paper for the Creation and Implementation of an49B Independent Review Panel for the City of Miami Submitted by Mayor Joe Carollo General Principles ✓ The IRP must be a citizen -centered -- independent and autonomous body -- charged with conducting reviews and investigations in an environment that is open and trustworthy. ✓ The IRP should not be a panel engaged in arbitration or mediation but is a vital REVIEW panel. Its task is more of that of an appellate panel than an arbitration or dispute resolution panel. The findings of the panel will be utilized to improve and/or reform the policies and procedures of any department of the Cite of Miami making them more accountable to the public. Additionally, thr findings and/or conclusions of this panel car, be directed to the proper prosecutorial office for further review and also to supplement any further civil court proceedings. ✓ The members of the IRP MUST NOT be subject to selection and/or confirmation by members of Thr - body that it will be charged to review. This means that the Mayor nor any member of the City Commission should have a say whatsoever in the choice of IRP members, nor any veto authority, nor any vote in the matter. Membership of the Independent Review Panel ✓ Composition of the IRP should reflect both a gender and ethnic balance, ✓ Membership should be no less than (9) nine members and no more than (13) thirteen. ✓ Term of membership should be three (3) three Years with staggered terms. ✓ The positions of chairmanship and vice -chairmanship and other officers of this body should be decided by the membership of the IRI' only. ✓' Under no circumstances should an elected official of the City of Miami appoint any member to the IRP. ✓ Under ideal circumstances, the IRP should have a representative from the State Attorney's Office, United States Attorney's Office, Office of the Chief Judge, and a representative of the City and County Community Relations Board(s). Duties and ResRonsibilities of the Independent Review Panel ✓ The IRP will be. charged with providing a thorough review and investigation, if warranted, for matters brought to its attention by way of a citizen complaint and/or at the request of any elected official, administrator or employee of the City of Miami. ✓ The IRP An order to be truly successful must have the authority to independently issue subpoenas. ✓ Under ideal circumstances, the IRP should also be given the authority to recommend to the City Manager and/or the chief administrator of the City of Miami suggested forms of reprimands, if appropriate, for employee misconduct. llrndi a/Appropriation of Independent Review Panel ✓ The City of Miami must provide adequate and/or a dedicated funding source in order to properly support the goals and objectives of the IRP. A suggested minimum is $250,000. ✓ Funding should support a professional staff including but not limited to: an executive director, investigator, legal counsel, support staff and office expenses. Protections Afforded to the Independent Review Panel and Complainants ✓ A vital component of any IRP is making sure that the mission, objectives and structure of the IRP are placed in the City's Constitution, i.e., charter amendment. ✓ City employees must be given Whistle Blower's Protection to insulate them from retribution and/ w retaliation. v IRP members must be provided with appropriate protections from liabilities, i.e., immunity irum suit. June 19, 2001 4.04 PM jI- 12 1114111001011 - Jul -02-01 11:37A 0 4 9 C • Proposal For a Civilian Investigative Panel (CIP) City of Miami, Florida THL CHARTER OF THE CITY OF MIAMI SHALL BE AMENDED TO ESTABLISH A CIVILIAN IIN'VESTIGATIVE PANEL (CLP) FOR THE CITY OF MIAMI POLICE DEPARTLtENT AND OTHER CITY AGENCIES; TO SPECIFY THAT THE PANEL SHALL F AVE POWER TO CONDUCT r.NVESTIGATIONS AND .SUBPOENA POWERS, PROVIDING T>IAT NO PERSON SHALL BE COMPELLED i'O AINSWER A QUESTION FOR WHICH THEY HAVE INVOKED THE PRIVII.EGE AGAINST SELF. NCRI CNATroN, TO PROVIDE FOR RESEARCH AND INVESTIGATIVE PERSON�`'EL AND WFUCH ARE NOT CONTROLLED BY THE CITY OF MIAMI. THF, COMMISSION OF THE CITY OF %. UAMi SHALL ENACT AN ORDINANCE ESTABLISHNTG A CIVILIAN 1 .'VESTIGATIVE PANEL AS DESCRIBED BELOW, Section 1. Name. The panel shall be known by the name of Civilian Investigative Panel (CLF). Section 2. Panel Composition: The panel shall consist of nine (9) member:; each of whom is required to be a resident of N tanii-Dade County and possess a reputation for civic pride, integrity, responsibility, and has demonstrated an active interest in public affairs and service. a In order to secure representative membership on the panel, the community groups or organizations, listed below, shall select seven members African-American Council of Christian Clergy (AACCC) Americar. Civil Liberty Union (ACLU) Brothers of the Same Mind Haitian -American Grassroots Coalition National Association for the Advancement of Colored People (NAACP) People United to Lead the Struggle for Equality (PULSE) Spanish American League Against Discrimination (SALAD) None of the above seven (7) members nor any member of their immediate fami;y (spouse, sibling, children or parents) shall be a present (1) fffimmouv 01— 725 Jul -02-01 11:38A P.03 or former City of Miami employee or law enforcement officer of any jurisdiction, and none of the listed groups or organizations shall be recipient of any City of Miami funding The above list of community groups or organizations may be modified by the C1P b In addition to the seven (7) panel members selected in accordance with the preceding subparagraph (a) of parag •aph (() of this subsection the Community Relations Board from both the City of Muami and Miami - Dade County are invited to designate one member each to serve on the CIP. c Terms of Service: Three (3) members Oall sere an initial term of one (1) year, three (3) shall serve an initial term of two (2) years, and the remaining members shall serve an initiz.l term of three (3) years The assignment of one year, two years, or three years initial terms shall be determined by lot. The term of a CiP member shall be three (3) years except for the aforesaid initial terms ll' a member fails to complete a term, another member shall be promptly appointed by its appointing authority. d. The CLP shall, on an annual basis, elect one of its members to serve as Chair, one of its members to serve as 1st Vice -Chair and, one of its members to serve as 2nd Vice -Chair. Section 3. General Authority and Powers The CII' may hold public hearings, conduct investigations, make factual determinations•, draw conclusions, propose recommendations and prepare interim and final reports on matters relating to serious complaints or grievances made against an employee, agency of instrumentality of the City of Miami The CLP shall be granted the power to provide "whistleblower" protection to any city employee, former city employer: or applicants for employment with the city who report misconduct by fellow employees, and to enact regulations for enforcement of this provision. • The CLP shall establish, interalia, the principle of accountability by investigating and hearing civilian complaints regarding activity to ensure that persons with grievances have a place to turn and thereby help discourage police misconduct. Complaints alleging serious criminal activities shall be forwarded to the relevant prosecuting agencies for appropriate action. Due Process Rights: The CTP will protect sworn officers and others from petty and vengeful complaints as well as protect the due process rights of officers engaged in the complaint process (2) 01- 725 Ju l _ Q2 -O 1 11:38A • rta• tory Poli_ a Cooperation: The CEP shall have complete access to police witnesses and documents through Legal mandate or subpoena power. deauate Funding: The City shall establish and fund a budget adequate to support all the functions of the CIP. Early Wsrnint+ System: The CIP shall Establish an early warning system which will identify officers who are subjects of multiple complaints Disciplinary Role: The CEP findings mt,st be considered by the City in determining appropriate disciplinary action. The CEP shall have authority to direct that a police officer be sanctioned for misconduct up to and including termination of employment. The CEP shall have the authority to investigate the behavior of supervisors and direct that a supervisor be disciplined for a line officer's actions, when appropriate. Policy Recommendations: The CCP shall have authority to review policies and the selection process for police officer % and provide a forum and make recommendations for reform. One member of the CIP, excluding the City employee, shall have a seat on any police related policy review committee. o Q Isory Attendance of Witnesses: For purpose of conducting an investigation, the CiP may obtain the cote 3uisory attendance of witnesses at CIP proceedings No person compelled to appear as a witness before the panel shall be compelled to testify to the panel in answer to a specific question for which such person has lawful y invoked the privilege against self-incrimination secured by the Fifth Am,:ndment to the Constitution of the United States. The methods for obtaining such compulsory attendance of witnesses shall be by subpoena issued by the staff of the CEP at it discretion The CIP staff may also issue subpoenas duces tecum to obtain documents or other tangible items Such subpoenas shall be enforced by order of the County Court Section 4. Staffing.- The tang: The CIP shall hire an Executive Director who will be responsible for the selection of other employees to include a sufficient number of investigators, clerical support and other Personnel as the CCP deems necessary to fulfill its mission. No CTP employer shall be a current or former police officer of Miami -Dade County or any municipality therein Section 5. Legal Counsel The CIP shall have authority to retain the services of an independent legal counsel. (3) P.04 ©1- 725 Jul -02-01 11:38A P.08 Section 6. Separate Offices: The CEP shall be housed in offices that are not located in the Police headquarters or any of its substations Section 7. Validity: This ordinance shall be valid unless declar-d otherwise by a court of competent jurisdiction. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the, remainder of this ordinance shall not be affected by such invalidity. Section 8. The provisions of this ordinance shall become and be made a part of the Code of the City of Miami. Section 9. The CEP shall promote community awareness as to the tight and opportunity to file a complaint concerning police misconduct as well as to disseminate information as to how and where to file such complaint, to educate the public as to its rights in dealing with the police and as to the merits of civilian oversight. Section 10. Meetings: Reerpjar Meetines: The CEP shall establish a regular time and place of meeting, and shall meet regularly at least once a month as workload requires. Special, Meetings: Special meetings may be :alled by the CiP Chair or a majority of the &Pmembers Written notice to each member, at least thirty-six (36) hours prior to such meeting, shall be required, unless waived in writing. Quorum: At any meeting five (5) CIP members shall constitute a quorum (4) 01— 725