HomeMy WebLinkAboutR-89-0638IV
J-89-762
7/13/89
RESOLUTION NO. 3
A RESOLUTION ADOPTING THE INTERIM REPORT OF
THE OVERTOWN INDEPENDENT REVIEW PANEL IN
REGARD TO FINDINGS AND RECOMMENDATIONS
CONCERNING POLICE -COMMUNITY RELATIONS AND
REFERRING SAID REPORT TO THE CITY MANAGER FOR
HIS IMPLEMENTATION; FURTHER DIRECTING THE
CITY MANAGER TO REPORT TO THE CITY COMMISSION
ON
IIT5 MEETING
ISSUES THAT CANNOT BE IMPLEMENTED9BECAUSEOSE OF
IS
LEGAL CONSTRAINTS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Interim Report of the Overtown
Independent Review Panel in regard to findings and
recommendations concerning police -community relations is hereby
adopted and referred to the City Manager for his implementation.
Section 2. The City Manager is further directed to
report to the City Commission at its meeting of July 27, 1989 on
those issues that cannot be implemented because of legal
constraints.
` Section 3. This Resolution shall become effective
i
� immediately upon its adoption.
i
PASSED AND ADOPTED this 13th day of lY , 1989.
kVIER L. UAREZ, MAYOR
PREPARED AND APPROVED BY:
/�,, y Y 0,1A,
CHIEF ASSISTANT CITY
LABOR/POLICE DIVISIO
APPROVED '�'�t.'4 �►.,,�_ w,�.,.a,�,.� . -�
h{
f t 4
k
DEZ
K116�
�J
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
!j n .., n. 37
June
Cesar H. Odio, DATE`
+ FILE:
fi°: City Manager
Agenda Item for City
SUsJECT: Commission Meeting
7/13/89
Hattie M. Daniels, Director REC
FROM: Department of I eternal Audit`
& Reviews ENCLOSURES:
created by the City
The Overtown Independent Review Panel, in the
Commission via Res uti on 89-84, has completed
tyeteandi its review of
Relations within t
Police/Community an Interim Report. Various Findings and
process of preparing
Recommendations will be addressed within this report• presentation and
On behalf u: the Panel, it is requested t�acedat hasan item on the
discussion thethr igul arInterim
ty Commission ssort i onp meeting to be held July
Agenda for
13, 1989.
If further information is needed, please advise.
HMD/PB/mgr
cc:ellamy
. Angela . Asst. CityBManager
tarat
+m `� OVERTOWN INDEPENDENT REVIEW PANEL
FINDINGS AND RECONNENDATIONS
CONCERNING POLICE-CONNUNITY RELATIONS:
AN INTERIM REPORT
JULY, 1989
-I
Page
I.
Letter of Transmittal ..........................
i
II.
Executive Summary ...............................
1
III.
Introduction ....................................
7
IV.
Findings .......................................
11
V.
Recommendations .................................
16
VI.
Appendices ......................................
25
A. List of Reference Sources ...................
26
B. Requests for Information & Responses ........
31
C. Compendium of Summary Analyses of
Findings & Recommendations on Civil
Disturbances/Riots ..........................
53
D. Overtown Statistical Profile ................
E. City of Miami Resolution 89-84 ..............
69
81
F. Mission and Objective Statement .9000000000.6
85
G. Operating Guidelines and Procedures .........
88
H. Mailing List for Meeting Notices ...,........
90
5
^ft
TABLE OF CONTENTS
Page
r
I.
Letter of Transmittal ..........................
i
II.
Executive Summary ...............................
1
III.
Introduction ....................................
7
-P
IV.
Findings .......................................
11
Recommendations .................................
16
tV.
,r
jVI.
Appendices ......................................
25
A. List of Reference Sources ...................
26
or
B. Requests for Information & Responses ........
31
C. Compendium of Summary Analyses of
Findings & Recommendations on Civil
#
Disturbances/Riots ..........................
53
D. Overtown Statistical Profile ................
69
E. City of Miami Resolution 89-84
81
..............
F. Mission and Objective Statement .............
85
G. Operating Guidelines and Procedures .........
88
H. Mailing List for Meeting Notices ............
90
I. List of Meeting Dates .......................
95
J. List of Witneses ............................
98
1.
Ir
or
c.
• %7t
i
t„
89 f 319,
s{
r
-..
TABLE OF CONTENTS
Page
I.
Letter of Transmittal ..........................
i
II.
Executive Summary ...............................
1
III.
Introduction ....................................
7
IV.
Findings .......................................
11
V.
Recommendations .................................
16
VI.
Appendices ......................................
25
A. List of Reference Sources ...................
26
B. Requests for Information & Responses ........
31
C. Compendium of Summary Analyses of
Findings & Recommendations on Civil
Disturbances/Riots ..........................
53
D. Overtown Statistical Profile ...............0
E. City of Miami Resolution 89-84 ..............
69
81
F. Mission and Objective Statement .............
85
G. Operating Guidelines and Procedures .........
88
H. Mailing List for Meeting Notices ............
90
I. List of Meeting Dates .......................
95
J. List of Witneses ............................
98
89-- 63R
4ittof $Rtano'.
OVERTOWN INDEPENDENT REVIEW PANEL
June 30, 1989
r'"dk1l"+ Honorable Mayor and Members
�^ t�hK RkhaB M �•ny of the City Commission
1 ChNrpe,�
Elf** Imp" City of Miami
Lt. pro"kUE.chtwft" P.O. Box 330708
offkwtwee F.COW" Miami, Florida 33233-0708
I �Calm
g Er
ollim Ner"a V.101Nc•
Oe+ref W. 04M. It.
+D"MA.Mapousm Dear Honorable Mayor and Commissioners:
spftwc"'"d
It is with great pleasure that I transmit the report
l
`1womLeft It.
entitled Findings And Recommendations Concerning
Police -Community Relations_In Overtown: An Interim
\�
c.•rw
Report Of The Overtown Independent Review Panel. This
Tony LCr*MSt.
report has been prepared based upon the testimony of
numerous witnesses, a review of primary and secondary
C's''UNWN
research materials, and the collective wisdom,
Angel'R
Au1q.M chy M•M�er Chr
experience, and reflections of the members of the Panel
i
Dr. "S"10M.Do"
relative to the state of police -community relations in
ukedor
Overtown.
I�M..•1 "
Audift R�"d
'"Wliewn1
The members of the Panel have taken very close to heart
sp•rinihi'rMAe1O1
the City Commission's mandate per Resolution No. 89-84
and are unified in their resolve to thoroughly
investigate the causes and circumstances relating to
the civil unrest and violence which erupted in the
Overtown community on January 16, 1989, and to provide
constructive observations and recommendations to the
City Commission.
This report is fully reflective of the Panel's view
that immediate and dramatic action must be taken in the
effort to improve relations between the residents of
Overtown and the Miami Police Department. Such action
is the top priority in establishing a foundation for
implementing a comprehensive action plan for community
^- improvement which is so desperately needed.
This interim report includes a specific recommendation
r; regarding implementation which we hope and trust will
be accepted by the Mayor and Members of the City
Commission as an indication of the City's resolve to
address identified police -community relations problems
with enthusiasm and vigor.
89 —638
P.O. Box 01MYM18ml, Floods 33101
t
On behalf of the Panel, I want to express appreciation
to the various witnesses who provided testimony; to the
numerous agencies which provided information and data
relevant to the investigation; to Dr. Hattie M.
Daniels, Director, Department of Internal Audits and
Reviews and the members of her staff; to Police Chief
Perry L. Anderson, Jr.; to City Manager Cesar H. Odio
and other members of the City Administration; and to
our Special Counsel, Harold Long, Jr. and our
Consultant, Tony E. Crapp, Sr. for their support,
�t cooperation, and assistance in the conduct of this
phase of the investigation and the preparation of this
interim report.
w..
i With the issuance of this report and the specific
findings and recommendations contained therein, the
Panel will now turn its attention to the broader
j social, economic, and political issues which impact the
viability of Overtown. Through a thorough review and
investigation of these matters, the Overtown
« Independent Review Panel will prepare a final report,
to be issued this fall, delineating an Action Plan for
the development and implementation of coordinated
�- programs to address the causes and results of conflict,
and to promote intergroup understanding in Overtown.
r
Sincerely,
i
Fa rb4r Richard M. B rry
Chairperson
89--63H,
OVERTOWN INDEPENDENT REVIEW PANEL
i
.,••• AW �
\_,7-FaTNer—R-ichard M. Barry
s' Chairperson
t
r'
Merend Willie Starks
Member
Franklin E. Christmas
0 Member
r
Leroy uo►iyer, MemOfr
A
Annie Gooden, er
r
ewey W.qKnight,
Member
eloczf� A-Opfz�
'Elmira Brown, memBer
officer Jorge F. Goladas
Member
Ike a��
p onso V. Ervingf
Member
elv " �/'
L�GI✓
UTTicer Herma . ustice
Member
UTTTc—er Davia A. Ma5g on
Member
8s--s38,
SPECIAL COUNSEL:
Attorney -at -Law
CONSULTANT:
`1 onyx app;—S"r:
CITY STAFF LIASIONS:
. 6an�eTs'I Hi or
Department of Internal Audits
and Reviews
1Tamela -(rurns�-7`---�—�'-'
Sr. Affirmative Action Specialist
Department of Internal Audits
and fleviews
89-6 3R.
j
EXECUTIVE SUMMARY
The Overtown Independent Review Panel is pleased to present this
interim report based upon
its investigation and review
of
c
community relations between
police officers and the residents
of
1
the Overtown area. This investigation was mandated by the Miami
City Commission through the
adoption of Resolution No. 89-84
in
j the wake of the violence
and civil unrest which erupted
in
Overtown on January 16, 1989
as a result of the fatal shooting
of
a black male motorcyclist by
a uniformed Miami police officer.
This report, entitled Findings and Recommendations Concerning
Police -Community Relations in Overtown: An Interim Report of the
Overtown Independent Review Panel, has been prepared based upon
the testimony of numerous witnesses, review of primary source
documents and secondary research materials, and the collective
wisdom, experience, and reflections of the members of the Panel
relative to police -community relations in Overtown.
The issuance of this report is fully reflective of the Panel's
view that immediate and dramatic action must be taXen in the
effort to improve relations between the residents of Overtown and
the Miami Police Department. Such action is the top priority in
establishing a foundation for implementing a comprehensive action
plan for community improvement which is so desperately needed.
With the issuance of this report and the specific findings and
recommendations contained therein, the Panel will now turn its
attention to the broader social, economic, and political issues
which impact the viability of Overtown. Through a thorough
review and investigation of these matters, the Overtown
Independent Review Panel will prepare a final report, to be
issued this fall, delineating findings and recommendations for an
Action Plan to develop and implement coordinated programs to
address the causes and results of conflict, and to promote
intergroup understanding in Overtown.
89--63S.
1
The findings and
summarized below:
recommendations contained in this report are
�}
FINDINGS Concerning Police -Community Relations
c
1.
The City of Miami lacks a formal citizen -impacted mechanism
which can be utilized to monitor and evaluate the various
functions and activities of the Police Department.
2.
Pre -employment polygraph examinations are conducted in a
c
manner which is improper, unprofessional, and discriminatory
within the Miami Police Department.
cr
3.
A dual system of justice prevails in the Miami/Dade area in
which Blacks continue to receive unequal treatment at the
hands of law enforcement personnel.
4.
The City of Miami has failed to ensure the implementation and
maintenance of effective systems (internal and external to
�+
the Miami Police Department) for reviewing, investigating,
t
and determining the validity of citizen complaints about
police misbehavior and for imposing appropriate sanctions.
t
5.
Black police officer candidates are "washed-out" of the
a
-
Southeast Florida Institute of Criminal Justice in alarmingly
high numbers compared to other ethnic/racial groups.
+
6.
There is an over -delegation of the Police Chief's authority
to subordinates regarding the selection and hiring of police
!
officer candidates.
P..
7. Thi Miami Police Department does not apply, in a consistent
manner, an objective set of uniform criteria and standards in
the review and evaluation of police officer candidates.
2
89-638,
-r
8. Based on the testimony of several former Miami police
officers, there is a strong perception that a pattern of
racial injustice exists within the Miami Police Department
which adversely impacts Black police officers.
9. There are serious problems between the Black community and
the Miami Police Department with regard to both trust and
communication.
10. The Miami Police Department has violated Section G(ii) of the
.� U.S./City of Miami Consent Decree which expressly prohibits
the use of a polygraph examination as the sole disqualifying
factor in the screening of applicants for employment.
11. Testimony indicates that the pre -employment psychological
�. examination is being used as an exclusionary device as
opposed to a tool in the background investigation process.
_ # -M
12. The Miami Police Department has not met the 21% affirmative
*• action goal established for Black sworn -personnel.
0
13. Participants in the City's Public Service Aide (PSA) program
are experiencing unusual difficulty in making the transition
from PSA to Police Officer.
14. The ability to compel the appearance of witnesses and the
". release of pertinent data and information through the power
of subpoena is essential to the effectiveness of the Overtown
r Independent Review Panel. The Dade County Circuit Court's
determination that the City Commission improperly delegated
the power to subpoena has seriously damaged the Panel's
ability to complete its ongoing investigation relative to the
January, 1989 civil disturbance.
M
04
3
89--638.
r
RECOMMBNDATIORS Concerning Police —Community
Relations
{
1. The Miami Police Department must recruit and employ
more
Black police officers so that the
police force
will
ultimately reflect the composition of
the workforce in
the
community it serves. Within the next
12 months, the
City
i
should establish specific programs
to facilitate
the
retention of current Black officers
and to increase
the
�-
number of Black sworn personnel to at least 21% of the total
sworn force in the department.
^i 2. The Miami Police Department must improve its image as one
_ which is insensitive to the ethnic/racial composition of
sworn personnel groupings assigned to various patrol zones
throughout the City's neighborhoods. Within the next six (6)
months, the City should review and revise as necessary its
1
y policy(s) regarding the daily allocation of police personnel
�- to patrol zones and other operating units of the department.
J
3. The Background Investigation Unit should be extensively
analyzed within the next 60 days for possible
reorganization.
4. Within 60 days, the methodology and specific formal
procedures related to the conduct and evaluation of polygraph
examinations by the Miami Police Department should be
=- thoroughly reviewed to ensure that such exams are not
misinterpreted or biased against candidates for employment as
r. police officers.
The Miami Police Department's hiring process should be more
_' ^~ aggressively monitored by the City's Department of Personnel
Management and Department of Internal Audits and Reviews to
-' ensure compliance with the consent decree and all other
affirmative action and related'policies.
89-S38.
4
6. Within 90 days, the Miami Police Department should develop
and implement a uniform, consistent, and objective set of
criteria/standards for the review, evaluation, and selection
of police officers.
r
7. Within 90 days, the Public Service Aide (PSA) program should
` be reviewed and modified as necessary to be used as a more
effective mechanism to increase the number of police
officers.
1
8. Within 60 days, the Miami Police Department should implement
a uniform procedure for the receipt and processing of
inquiries from rejected applicants for the position of police
officer. The review process should be available on a
continuous basis for new applicants, and should be made
j available to any police officer applicant rejected since June
1, 1984.
1
9. To improve police -community relations and enhance the
visibility of the Miami Police Department, the Overtown Mini -
Police Station should be operated on a schedule that
coincides with the peak period of demand for services within
the community. The City should make every effort to operate
the mini -station on a 24-hour basis, and to increase the
number and frequency of walking patrols by police officers.
10. Within 60 days, the Miami Police Department's pre -employment
psychological testing program should be formally and
independently evaluated to ensure that the results of the
examinations are interpreted and applied in a manner which
w (a) effectively screens applicants ill -suited for police
work, and (b) is not ethnically or racially discriminatory.
11. The City of Miami should create a permanent independent
citizen's review board with full subpoena power, an
investigative staff, and other essential resources necessary
89-638,
z
to investigate complaints made by private citizens against
police officers and other municipal employees.
12. The Miami Police Department should formally establish, within
the next six (6) months, representative neighborhood
committees to create an avenue for open and ongoing
communication between the department and the community it
serves.
13. The Miami Police Department should continue to provide
appropriate stress and cultural awareness programs as
required training for all police officers.
14. The City of Miami should vigorously pursue any and all
available avenues to appeal the Circuit Court's decision
invalidating the subpoena power of the Overtown Independent
Review Panel.
15. This interim report*should be formally accepted by the City
Commission through the adoption of a Resolution. The
Resolution accepting the report should assign overall
responsibility for the implementation of the recommended
actions to the City Manager and require the submission of
written status reports to the City Commission on a monthly
basis.
R
8s-s38,
INTRODUCTION
f;
� On January 16, 1989, as the nation observed the Dr. Martin Luther
f
King, Jr. Birthday Holiday and as preparations here in Miami/Dade
County were in full swing for the 1989 National Football League
Super Bowl Game, the predominantly Black community of Overtown
erupted in violence and civil unrest as the result of the fatal
i
shooting of a Black male motorcyclist by a uniformed City of
Miami police officer. The shooting resulted in the immediate
death of 23 year -old Clement Anthony Lloyd and the subsequent
death, as the result of injuries, of motorcycle passenger Allan
$ Blanchard.
i The resulting civil unrest lasted for several days during which
news headlines all over America heralded the fourth serious
i racial disturbance in the City of Miami during the 1980s. The
Overtown civil disturbance, with attendant manifestations in
sections of Black neighborhoods in Coconut Grove and Liberty
City, resulted in hundreds of arrests for looting, burglary, and
other criminal acts; one (1) death resulting from a non -police
i shooting incident; seven (7) people wounded by gunfire; twenty-
two (22) stores burned; numerous automobiles burned; five (5)
public schools closed for one day; and the cancellation of a
National Basketball Association game scheduled at the Miami Arena
` near Overtown. Local government officials estimated the cost of
the unrest at $2.5 million ($1.5 million by the City of Miami and
$1.0 million by Metro -Dade County). The Miami Fire Department
' estimated property damage in Overtown at just under $1.0 million
as the result of thirteen (13) burned buildings and twelve (12)
automobile fires.
The psychological and emotional damage resulting from the civil
-$ disturbance, including but not limited to, the loss of hope,
increased despair, injury to ethnic and racial relations, and the
_ negative impact on the image of the Overtown community and its
residents cannot be estimated.
_ .' 7
In the wake of the disturbance, the Miami City Commission
convened on January 18, 1989 and adopted Resolution No. 89-84
r thereby creating an eleven (ll) member Overtown Independent
r Review Panel. The Panel was created to include: 1. Five (5)
Overtown area residents as selected by the Overtown Advisory
Board; 2. Five (5) City of Miami police officers who work in the
Overtown area as selected by the Chief of Police; and 3. One (1)
member to be named by the Mayor who would also serve as a liaison
to the City Commission.
i
As set forth in the authorizing Resolution, the mission of the
Panel is to investigate and review community relations between
police officers and the residents in the Overtown area; and to
report the findings and make recommendations to the City
Commission.
To facilitate the Panel's effectiveness, the City Commission
authorized the exercise of subpoena powers to the maximum extent
provided by law and further authorized the appointment of a
Special Counsel to provide legal advice and guidance during the
course of its investigation.
In an effort to accomplish its mission with all deliberate speed,
the Overtown Independent Review Panel established the following
objectives as the focus of its activities:
1. To conduct a complete and thorough inquiry and review
relative to the organization, operation, and management of
the City of Miami Police Department.
2. To review, revise, update, and inquire as necessary with
regard to analyses, reports, and findings relative to civil
unrest and disturbances which have occurred in
Overtown/Miami/Dade County within the last 10 years.
0
89--638
r�
1
3• To invite extensive public comment and testimony relative to
police -community relations and any other issues affecting the
t residents of Overtown.
4. To prepare
an Action Plan which will provide for the
development
and implementation of coordinated programs to
address the
causes and results of conflict and to promote
intergroup understanding
in Overtown. Such an Action Plan
will require
the resources and commitment of organizations
f
including, but
not limited to, the City of Miami, State of
Florida, Federal government, Metro -Dade County, quasi -public
corporations
and authorities, private businesses,
foundations,
community -based organizations, and community
development
corporations in support of a deliberate and
sustained effort to implement programs for positive change in
Overtown.
This report entitled, Findings and Recommendations Concerning
Police -Community Relations in Overtown: An Interim Report of the
- Overtown Independent Review Panel, has been prepared based upon
the testimony of various witnesses, review of primary source
documents and secondary research materials, and the collective
wisdom, experience, and reflections of the members of the Panel
relative to police -community relations in the Overtown area.
The Panel fully recognizes that the root causes of the civil
disturbance which erupted in Overtown on January 16, 1989 are
found in deep-seated and long-standing social, economic, and
political inequities. The issuance of this interim report is
reflective of the Panel's view that immediate and dramatic action
must be taken in the effort to improve relations between the
reside.ts of Overtown and the Miami Police Department as the top
priority in establishing a foundation for implementing a
comprehensive action plan for community improvement which is so
desperately needed.
89-,63H,
0
$" With the issuance of this report and the specific recommendations
contained therein, the Panel will now turn its attention to the
broader social, economic, and political issues which impact the
viability of Overtown. Through a thorough review and
i investigation of these matters, the Overtown Independent Review
Panel will prepare a final report„ which will be issued this
Fall, delineating findings and recommendations for an Action Plan
to develop and implement coordinated programs to address the
causes and results of conflict and to promote intergroup
understanding in Overtown.
IS
P.
89-63S
r
FINDINGS CONCERNING POLICE -COMMUNITY RELATIONS
1. The City of Miami lacks a formal citizen -impacted mechanism
(e.g. community advisory board or civilian review agency)
which can be utilized to monitor and evaluate the various
functions and activities of the Miami Police Department to
ensure compliance with community standards relative to
police -community relations. As the result, there exists a
pervasive perception that police officers can mistreat,
abuse, and apply excessive and deadly force against Black
residents (particularly young and adult Black males) with
IF relative impunity.
The Miami Police Department must ensure that nationally
f
t recognized community standards for good policing are met.
Below is a listing of such standards as delineated in a
F recent report by the U.S. Department of Justice, Community
Relations Service entitled Principles of Good Policing:
a
Avoiding Violence Between Police and Citizens. This report
suggests that a good police department, among other things,
must:
- Preserve and advance the principles of democracy.
- Place its highest value on preserving human life.
I
- Believe that preventing crime is its number one
�q operational priority.
^± - Involve the community in delivering its services.
- Believe it must be accountable to the community it serves.
- Be committed to professionalism in all aspects of its
operations.
- Maintain the highest standards of integrity.
- Recruit and select a ratio of minority group employees
«. in proportion to the community it serves.
2. The pre -employment polygraph examination, which is part of
the employment screening process, is implemented in a manner
lk
V
which is improper, unprofessional., and discriminatory within
the Miami Police Department. As the result, the exams are
often administered under improper conditions, misapplied, and
misinterpreted to the detriment of police officer applicants.
Testimony indicated the use of abusive and confrontational
techniques to intimidate applicants.
3. Throughout the past ten (10) years, numerous incidents
involving Black residents and law enforcement officials have
served to fuel racial tensions which have exploded in several
civil disturbances/riots, the most recent of which erupted on
January 16, 1989. The incidents leading to these violent
manifestations have reinforced the Black community's belief
that a dual system of justice prevails in the Miami/Dade area
and that a system in which Blacks receive unequal treatment
at the hands of law enforcement personnel continues to exist.
4. The City of Miami has failed to ensure the implementation and
maintenance of effective systems (internal and external to
the Miami Police Department) for reviewing, investigating,
and determining the validity of citizen complaints about
police misbehavior and for imposing appropriate sanctions.
At present, the City does not have an independent office or
permanent civilian review board with full subpoena power,
staff, and other essential resources with which to
investigate complaints made by private citizens against any
and all municipal police and other employees.
5. Black police officer candidates are "washed-out" of the
Southeast Florida Institute of Criminal Justice in alarmingly
high numbers compared to other ethnic/racial groups. During
the period of February 1974 thru Murch 1989, 46% of all
Black police officer candidates enrolled by the City of Miami
were terminated from the Academy for various reasons compared
to 17% of Whites and 37% of Hispanics.
12
89--f 3 R-
6. There is an over -delegation of the Police Chiefs authority
to subordinates regarding the selection and hiring of police
officer candidates. Subordinate staff members make decisions
regarding the acceptance and rejection of applicants and
issue correspondence in the name of the Police Chief without
the Chief's direct knowledge and consent. The review and
approval/rejection of police officer applicant files occurs
at the level of the Commander of the Personnel Resource
Management Section (most recently a Police Lieutenant or
Police Major).
7. The Miami Police Department does not apply, in a consistent
manner, an objective set of uniform criteria and standards in
the review and evaluation of police officer candidates.
Testimony indicated that some applicants for the position of
police officer who were disqualified based on purportedly
objective criteria and standards were eventually hired as a
direct result of intervention by departmental superiors.
Moreover, the Miami Police Department's decision -making
process relative to the acceptance or rejection of police
officer candidates is not adequately documented,
8. Based on the testimony of several former Miami police
officers, there is a strong perception that a pattern of
racial injustice exists within the Miami Police Department
which adversely impacts Black police officers. Moreover,
there is a continuing impression that Black police officers
are more frequently and more harshly disciplined than their
counterparts involved in similar types of incidents.
9. There are serious problems between the Black community and
the Miami Police Department with regard to both trust and
communication. The majority of Black residents in Overtown
are not adequately informed about the role, structure, and
functions of the Miami Police Department. If this situation
is not corrected, Blacks will continue to have a lack of
13
8s-638,
faith and confidence in the administration of justice. As a
direct result, the level of tension between the Black
community and police officers will escalate thereby
increasing the likelihood of violent street disorder.
10. The Miami Police Department has violated Section G(ii) of the
U.S./City of Miami Consent Decree which expressly prohibits
the use of a polygraph examination as the sole disqualifying
factor in the screening of applicants for employment.
Testimony indicates that present policy in the department
requires a candidate for employment as a police officer to be
automatically rejected based solely upon failing the
polygraph exam (e.g. two (2) deceptive polygraph exams result
in the automatic disqualification of an applicant).
11. Testimony indicates that the pre -employment psychological
i examination is being used as an exclusionary device as
_3 opposed to a tool in the background investigation process.
3 �!
Miami Police Department Background Investigators have not
been adequately trained in the application of psychological
evaluation reports. The lack of formal and ongoing training
results in the misapplication and misinterpretation of the
examination during the conduct of background investigations
to the detriment of police officer applicants, particularly
Blacks.
12. The Miami Police Department has not met the 21% affirmative
action goal established by the Consent Decree dated March 29,
19TT for Black sworn personnel. In addition, there is
significant disparity indicated regarding Black
representation in the sworn supervisory ranks of the
department. The police -community relations problem is
further aggravated by the absence of any Black representation
in the rank of Police Captain inasmuch as policy is
implemented and imparted to the rank and file at that level
of command responsibility.
k
14
13. Participants in the City's Public Service Aide (PSA) program
are experiencing unusual difficulty in making the transition
from PSA to Police Officer.
14. The ability to compel the
appearance of witnesses
and the
release of pertinent data and
information through the power
*
of subpoena is essential to
the effectiveness of the
Overtown
Independent Review Panel.
The Dade County Circuit
Court's
9
determination that the City
Commission improperly delegated
the power to subpoena has
seriously damaged the
Overtown
Independent Review Panel's
ability to complete its
ongoing
investigation relative to
the January, 1989
civil
disturbance.
f
i
89--638-
15
4
i RECOMMENDATIONS CONCERNING POLICE -COMMUNITY RELATIONS
1. The Miami Police Department must recruit and employ more
Black police officers so that the police force will
ultimately reflect the composition of the workforce in the
community it serves. Within the next twelve (12) months, the
City should establish specific programs to facilitate the
retention of current Black officers and to increase the
number of Black sworn personnel to at least 21% of the total
sworn force in the department. At present, there are 194 or
1T•9% Blacks in the total sworn force of 1,084 as of April
30, 1989. It is imperative that the City of Miami undertake
a dramatic initiative toward achieving the 21% goal for Black
representation within the department which is the current
affirmative action goal based upon the 1980 Census and the
U.S./City of Miami Consent Decree. Currently, the Miami
Police Department is striving to achieve the P 8 goal of 1,114
sworn officers as established by the City Commission. Based
on meeting the 21% goal for Black representation, the number
of Black police officers would increase from 194 to 234.
(See Finding # 12)
f
As part of its comprehensive recruitment effort, the Miami
Police Department should develop and implement a variety of
formal recruitment programs including school -focussed
initiatives targeted toward youth and uoung adults (e.g.
Police Explorers, Public Service Aides, etc.).
2. The Miami Police Department must improve its image as one
which is insensitive to the ethnic/racial composition of
sworn personnel groupings assigned to various patrol zones
rr
throughout the City's neighborhoods. Within the next six (6)
months, the City should review and revise as necessary its
policy(s) regarding the daily allocation of police personnel
`r to patrol zones and other operating snits of the Miami Police
Department.(See Finding # 3)
16 89-6313.
k
r
The Miami Police Department should establish as a goal the
implementation of a standard policy requiring "salt and
pepper" teams in two -officer patrol cars. Moreover, the
department should pair more experienced officers with less
experienced officers in an effort to improve the quality of
street patrol services and enhance the field training officer
program. The Police Department should require an officer to
A
have a minimum of four (4) years in patrol prior to serving
as a Field Training Officer
In its personnel allocation policy(s), the Miami Police
Department should make every effort to ensure that police
officers achieve a level of comfort in the patrol zones to
which they may be assigned. Being comfortable in a specific
area is conducive to good police work and gives the officer a
greater sense of confidence which may aid in avoiding rash
decisions and actions on the street.
3. The Background Investigation Unit should be extensively
analyzed within the next sixty (60) days for possible
■' reorganization with emphasis on (a) improving the
operational efficiency and effectiveness of its activities,
(b) developing formal training requirements for police
i officers assigned to conduct background investigations, and
(c) improving quality control procedures to ensure that all
y background investigations are conducted in a professional and
unbiased manner.
Formal job descriptions, including specific training
requirements and prerequisite qualifications, should be
established for the Commander of the Background Investigation
Unit and all subordinate positions within the unit.
4. Within sixty (60) days, the methodology and specific formal
R"
,
procedures related to the conduct and evaluation of polygraph
examinations by the Miami Police Department should be
8s-s3R,
17
thoroughly reviewed to ensure that such exams are not
misinterpreted or biased against candidates for employment as
police officers. (See Finding #2) In addition, the following
should be implemented in connection with the aforementioned
N review:
0 (a) Miami Police Department Polygraph Examiners should be
mandated to comply, with applicable State of Florida
licensing requirements and professional accreditation
standards.
(b) The polygraph exams conducted by Miami Police Department
Polygraph Examiners should be continually monitored for
f compliance with professional standards. Videotaping of
polygraph sessions should be implemented as a quality
control measure.
(a) Miami Police Department Polygraph Examiners should be
afforded an ongoing training program to maintain
required licenses and certifications.
(d) The Miami Police Department Polygraph Examiner staff
should include representation of Blacks and women.
i
A► (e) Miami Police Department polygraph machines should be
maintained through the implementation of a formally
documented preventative maintenance program which will
ensure that the machines are frequently, inspected and
tested for accuracy, and properly calibrated in
or
accordance with the standards of the manufacturer.
(f) Any Polygraph Examiner who has been implicated in the
use of unprofessional confrontation and abusive
�• techniques must be replaced.
R'+
18
89--639-
f
(g) The City should engage the services of a recognized
professional expert in the field to review and suggest
changes/improvements relative to the conduct of pre-
employment polygraph exams at the Miami Police
Department.
5. The Miami Police Department hiring process should be more
aggressively monitored by the City's Department of Personnel
Management and Department of Internal Audits and Reviews to
ensure compliance with the Consent Decree and all other
1
affirmative action and related policies of the City of Miami.
The City Manager should review and approve all Miami Police
Department policies relative to the recruitment and selection
Or
f
of police officers.
In addition, the staffing level in the Police Department
recruiting section should be increased and that staff should
be reflective of the population and ethnic/racial groups the
department seeks to employ.
6. Within ninety (90) days, the Miami Police Department should
develop and implement a uniform, consistent, and objective
�+
set of criteria'/standards for review, evaluation, and
3
selection of police officers. (See Finding #7) Moreover, the
M
decision -making process(es) within the Miami Police
Department relative to the hiring or rejection of police
officer applicants should be formalized with specific
- or
documentary requirements for the deliberations of the Oral
Review and Hiring Committees. These recommendations should
•be implemented under the close supervision of. the Department
i
of Personnel Management and/or the Department of Internal
7
or
Audits and Reviews.
In addition, the Chief of Police should be regularly briefed
—
on the hiring practices and applicant flow within the
department, and a more aggressive public relations, marketing
r
_
and recruitment program should be developed and implemented.
- Y
19
P]
7. Within ninety (90) days, the Public Service Aide (PSA)
program should be reviewed and modified as necessary to be
used as a more effective mechanism to increase the number of
police officers. (See Finding #13)
8. Within sixty (60) days, the Miami Police Department should
dR implement a uniform procedure for the receipt and processing
of inquiries from rejected applicants for positions within
the department. The procedure should require the Police
Department to officially and confidentially notify all
rejected applicants of the reason(s) for their rejection and
! advise them as to the review process available. Such
applicants should be afforded sixty (60) days from the date
r of the notification to exercise their right of review. The
review process should be available on a continuous basis to
new applicants for all positions within the department, and
should be made available to any police officer applicant
rejected since June 1, 1984. The Department of Personnel
r Management should review and approve the uniform applicant
notification procedure prior to implementation. (See Finding
or N 10 )
4
9• To improve police -community relations and enhance the
visibility of the Miami Police Department, the Overtown Mini -
Police Station should be operated on a schedule that
s coincides with the peak period of demand for services within
the community. The City should make every effort to staff
or the Overtown Mini -Station on a 24-hour basis, and to increase
the number and frequency of walking patrols by police
or officers. In addition, the activities of the Community
Relations Section should be more closely integrated with
or police patrol functions in an effort to enhance the
visibility of police officers among Overtown youth.
In an effort to ensure that police officers have significant
experience in street patrol activities, it is recommended
r
8t9--63%-
that officers spend a minimum of four (4) years in patrol
upon entering the department. This requirement will provide
officers with a variety of street -level experience in dealing
with citizens and diverse crime situations thereby enabling
f them to more effectively function as supervisors at some
future date.
10. Within sixty (60) days, the Miami Police Department's pre-
employment psychological testing program should be formally
and independently evaluated to ensure that the results of the
examination are interpreted and applied in a manner which (a)
effectively screens applicants ill -suited for police work,
and (b) is not ethnically or racially discriminatory. (See
R Finding #11 )
r„ The pre -employment psychological exam should be considered
along with many other factors in the decision -making process
regarding the acceptance or rejection of a police officer
applicant.
r' 11. Testimony has substantiated the need for an independent
agency to ensure public confidence in the integrity and
�r fairness of investigations resulting from citizen complaints.
' (See Finding #4) At present, statutory limitations (e.g.
or Florida Statue 112) have adversely impacted the effectiveness
of the City of Miami's Office of Professional Compliance
(OPC) relative to monitoring police department internal
rt-
investigations. The confidentiality provisions which have
limited the involvement and input of the OPC have undermined
public confidence in the integrity of current investigations,
particularly in the absence of any other vehicle geared
or toward civilians in the investigative process. While the OPC
should be continued, particularly due to its accessibility to
confidential investigative materials in police shootings, the
public's confidence in the integrity of the investigative
process can be restored by conducting open investigations,
0,11
21
89--638-
i
subject to public scrutiny and providing
a full
opportunity
for citizen participation on an unlimited
basis.
With
these
concerns in mind, it is recommended that
the City of
Miami
create a permanent independent citizen's
review
board
with
full subpoena power, an investigative
staff,
and
other
essential resources necessary to investigate complaints
made
by private citizens against police officers
and
other
municipal employees.
In a subsequent report, a proposed model (including specific
suggestions relative to the composition, qualifications, and
methodology for selection of the board members) will be
recommended for implementation.
In addition to the creation of an independent citizen review
board, the Panel recommends that the OPC be appropriately
restructured so as to restore public confidence and meet the
standards imposed by Florida Statute 112. The ordinance
presently pending before the City Commission does not meet
these requirements and therefore should not be adopted. It
is the Panel's view that a more effective and creative
restructuring of the OPC can be implemented which will allow
the a8ency to function as a protector of the public's
interest independent of the direct influence and control of
the Miami Police Department.
12. The Miami Police Department should formally establish, within
the next six (6) months, representative neighborhood
committees to create an avenue for open and ongoing
communication between the department and the community it
serves. In addition, the Police Department should make every
effort to ensure that city residents are more adequately
informed about its role, structure, and functions. (See
Finding #9)
22
89--63P
13. The Miami Police Department should continue to provide
appropriate stress and cultural awareness programs as
required training for all police officers. However, such
training programs should be formally evaluated on a periodic
basis to determine if they are meeting the needs of the
department. Research and evaluation are the best methods to
determine the need for modifications to training programs.
do
In addition, the Miami Police Department should provide
ongoing training relative to its service philosophy, mission,
and value structure. The department should also prepare and
nt disseminate written releases/bulletins on a periodic basis to
its employees in an effort to further re -enforce positive
or, police and societal values.
14. The City of Miami should vigorously pursue any and all
w
available avenues to appeal the Circuit Court's decision
invalidating the subpoena power of the Overtown Independent
or, Review Panel. It is essential that the Panel have power to
issue subpoenas in order to conduct the thorough and
or creditable investigation which has been mandated by the City
Commission and which is expected by the Black community. (See
01 Finding #14)
�f5. The Overtown Independent Review Panel is convinced that the
rr
City of Miami must take immediate and direct action toward
the implementation of the recommendations contained in this
interim report. It is requested that this report be formally
accepted by the City Commission through the adoption of a
Resolution. The Resolution accepting the report should
assign overall responsibility for the implementation of the
or recommended actions to the City Manager and require the
submission of written status reports to the City Commission
and the Overtown Independent Review Panel on a monthly basis.
or,
r
or,
89--F 3fi-
23
12
With the overall responsibility for these recommendations
assigned to the City Manager, it is further recommended that
specific departmental responsibility be assigned as follows:
Recommen-
Timetable
for Implemen-
=x
dation #
Assigned Dept.
tation/Effective
Date
1
Police
7/13/89 -
7/12/90
(12
mo.)
2
Police
7/13/89 -
1/12/90
( 6
mo.)
{
=?
3
City Manager
7/13/89 -
9/11/89
(60
days)
r
4
City Manager
7/13/89 -
9/11/89
(60
days)
5
Personnel Mgmt./
Effective
7/13/89
Internal Audits
and Reviews
6
it
7/13/89 -
10/11/89
(90
days)
1
i
7
Personnel Mgmt.
7/13/89 -
10/11/89
(90
days)
—
8
Personnel Mgmt.
7/13/89 -
9/11/89
(60
days)
9
Police
7/13/89 -
10/01/89
10
City Manager
7/13/89 -
9/11/89
(60
days)
i
—
11
City Commission
7/13/89 -
10/01/89
12
Police
7/13/89 -
1/12/90
(6
mo.)
13
Police
Effective
7/13/89
14
City Commission
Effective
7/13/89
I
z
i
15
Mayor's Office
Effective
7/13/89
1
-s
—j
- f
24
i.
....
i
a
LIST OF REFERENCE SOURCES
FI
I�
`a
�r 1. Various News Articles on the Overtown Civil Disturbance and
— Related Matters, The Miami Herald, January 17, 1989, pp. 1A,
12A, 13A.
2. Various News Articles on the Overtown Civil Disturbance and
Related Matters, The Miami Herald, January 18, 1989, pp. 1A,
10A, 11A, 12A, 14A, 21-2B.
3. Various News Articles on the Overtown Civil Disturbance and
Related Matters, The MiamiHerald, pp. 1A, 20A, 22A, 1-2C.
4. "Cost of Unrest put at $1.5 Million," The Miami Herald,
January 29, 1989, pp. 1B and 3B.
5. Various News Articles on the Overtown Civil Disturbance, The
Miami Times, pp. 1-2A, February 2, 1989.
6. "March for Justice Today at City Hall," The Miami Times, pp.
1-2A, February 9, 1989.
7. "A Look at Blue Ribbon Panel's Recommendation After 1982
Riot," The Miami Herald, p. 1D, February 11, 1989.
8. "Is Miami Doing a Good Job? Blacks, Latins Disagree," The
Miami Herald, p. 1-2B, February 22, 1989.
9. "Civil Rights Chief to Study City's Strife," The Miami
Herald, pp. 1B, 7B, February 23, 1989.
10. "Protesters Turn Heat on Metro -Dade Commission Chambers," The
Miami Times, pp. 1-2A, February 23, 1989
11. "Study: Unrest Didn't Wreck Miami's Image," The Miami Herald,
pp. 1B, 3B, February 25, 1989.
12. "U.S. Civil Rights Chief: Miami Must Fix Own Race Problems,"
The Miami Herald, pp. 1B, 3B, February 27, 1989
13. "Act Now to Avoid Unrest, Leaders Say," The Miami Herald, pp.
1B, 3B, February 26, 1989.
14. "South Florida Recial Attitudes Improving, Poll Finds," The
Miami Herald, pp. 1A, 6A, February 28, 1989.
15. "Poll: Few Blacks Say Latin Cops are Unfair," The Miami
Herald, pp. 1B, 3B, February 28, 1989
16. "Panel: 56% of Metro Drug Raids Are In Black Neighborhoods,"
The Miami Herald, p. 6B
89- 639
27
t
{
17.
"As Anglo, Hispanic Officers Refuse to Testify, Review Panel
Embroiled in Subpoena Dispute," The Miami Times, p. 3A, March
1
23, 1989.
18.
"Testimony: Officers Recommended For Dismissal Still on the
,,
Force," The Miami Times, p.3A, April 6, 1989.
19.
"Cop Says He Is In "Bad Books" for Protesting A Shooting,"
The Miami Times, p. 3A, April 13, 1989.
20.
"State Lawmakers Told of A Need For Impartial Independent
Review Panel," The Miami Times, p.3A, April 13, 1989.
21.
"Chief Anderson Criticized For Firing Black Officers; Says
Actions Justified," The Miami Times, April 13, 1989.
22.
"The Riot Syndrome," The Miami Herald (Tropic Magazine) p.10-
27, May 7, 1989.
23.
"Police Rejection Rate Sparks Alarm At Hearing," The Miami
_
Times, P. 3A, May 11, 1989.
r
24.
"Judge: Panel Probing Unrest Can't Subpoena," The Miami
Herald, p.2B, May 27, 1989.
R
25.
Deadly Force Policy - Field Officer's Summary, U.S.
Department of Justice, 1985.
26.
Compendium of Civilian Oversight Agencies, Community Relation
3
Services, U.S. Department of Justice.
W 27. Examining Less -than -Lethal Force, Bruce K. Siddle (Prepared
for the U.S. Department of Justice), 1985.
R 28. Principles of Good Policing: Avoid Violence. Between Police
" and Citizens, Community Relations Service, U.S. Department of
Justice.
�! 29. Letter dated 5/22/89 from Jimmy R. Burke, Assistant Police
Chief, Miami Police Department, to Harold Long, Jr. Esquire
in follow-up to testimony provided on 5/4/89.
30. Miami Poli.de Department Monthly Personnel Statistical Reports
(e.g. C.O.I.N.S. Report) for selected months.
31. Polygraph: Issues and Answers, American Polygraph Assoc.
32. Effective Polygraph Utilization, George B. Slattery, Slattery
Associates, Inc., 1984.
33. Screening Law Enforcement Cadets with the MMPI: An Analysis
y of Adverse Impact for Blacks and Hispanics, George E.
Hargrave, California Highway Patrol.
89 --6311
28
34.
Law Enforcement Selection With the Interview, MMPI, and CPI:
A Stud of Reliabilityand Validit , George E. Hargrave,
California Highway Patrol, 1986.
35•
Psychological Screening Manual, The Commission on Police
Officer Standards and Training, State of Florida.
36.
Entry -Level Psychological Screening of Law Enforcement
Applicants, Joseph Chaney, Florida Highway Patrol.
r;
37.
Natives and Strangers: Ethnic Groups and the Building of
America, Leonard Dinnerstern, Roger L. Nichols and David M.
Reimers, Oxford University Press, 1979.
38.
The Police and The Community, 4th Edition, Louis A. Radelet,
`
Macmillan Publishing Company.
39.
Who is Guarding the Guardian? A Report on Police Practices,
U.S. Civil Rights Commission, 1981.
40.
Police Practices and the Preservation of Civil Rights, U.S.
Civil Rights Commission, 1980.
t
_
41.
Police Management Today: Issues and Case Studies, James J.
Fyfe, International City Management Association, 1985.
42.
Transcript of Proceedings of the Police -Community Relations
Forum in Miami, Florida on June 25, 1989, U.S. Civil Rights
_.
Commission.
43.
Transcript of the Meeting of the Florida State Advisory
W
Committee to the U.S. Civil Rights Commission in Miami,
Florida on February 23, 1989, U.S. Civil Rights Commission.
A
44.
Policed by the White Male Minority, Florida Advisory
Committee to the U.S. Civil Rights Commission, 1976.
45.
Memorandum dated June 7, 1989 from City Manager Cesar H. Odio
to Honorable Mayor and Members of the City Commission Re:
Concerned Citizens of Greater Miami -Agenda for the Black
Community.
—
46.
Confronting Racial Isolation, U.S. Civil Rights Commission,
1982.
_
47.
Racial Isolation in Miami: A Community Progress Report, Dade
County Revitalization Board and Greater Miami United, 1983.
_
48.
Miami Update: Conference on Racial Isolation, Metro -Dade
=
Community Relations Board, 1983.
—
49.
Report of the Governor's Dade County Citizens Committee,
1980.
89--b
29
Iw IIIIR I. R l�III
r
V
11
50. Findings and Recommendations, Overtown Blue Ribbon Committee,
YM-d4.
51. Testimony of Various Witnesses Appearing Before the Overtown
Independent Review Panel during the Period March 1, 1989 -
May 18, 1989.
Name
Date of Testimony
Police Chief Perry Anderson
03/01/89
Police Officer Samuel Harlan
03/09/89
Mark Axelberd
03/20/89
Police Captain Emory Putman
03/20/89
Joe Louis Jones
03/20/89
Police Major Calvin Ross
03/30/89
Terry Taylor
o4/o6/89
Police Sgt. Frank Taylor
o4/o6/89
Tommy Taylor
o4/o6/89
William Howell
04/06/89
Police Major Mary Stair
o4/o6/89
Richard Kinne
04/19/89
Police Officer Charles Wellons
04/19/89
Raymundo Artesiano
o4/19/89
Asst. Police Chief J. Burke
05/o4/89
Shirley Ervin
05/04/89
Police Sgt. Warren Barnes
05/o4/89
Chester Coachmad Jr.
05/04/89
Retired Police Major George Adams
05/18/89
George Slattery
05/18/89
Former Police Lt. Pam Johnson
05/18/89
89--63 f ,
30
REQUESTS FOR INFORMATION AND RESPONSES
8s-638.
31
vk,
`
it of 4fttani
PERRY L. ANDERSON, Jr. = CESAR H. ODIO
(� rre,.r .+ere City manager
Chief of Police „ y B
JUN 2 01989
Father Richard M. Barry, Chairman
CHertown Independent Review Panel
Department of Internal Audits and Reviews
3006 Aviation Avenue, 4th Floor
`
Miami, Florida 33133
I
Dear Father Barry:
In response to your specific questions pertaining to the polygraph detail,
i,
you will find listed below the information you have requested.
1) Nxnber of polygraph machines operated by Police Department staff; a
description of each make and model of machine operated: and date(s) of
acquisition.
Zhere are a total of four (4) instruments in Zhe Department's inventory —
the two (2) machines that are three (3) years old are being utilized
constantly, and the two (2) that were acquired in March of 1989 are held
in reserve. All are the Stoelting Ultra -Scribe models.
2) Dates of inspection for each polygraph machine during the Period 1/1/88
fine two (2) instruments being used are inspected Monday morning of each
'
week by the polygraph examiner using it that day.
3) Maintenance record/history of each polygraph machine.
Because the polygraph examiners are careful not to abuse the instruments,
.►
and perform routine daily maintenance by cleaning the instrument at the
end of each day, we have not had to do any outside servicing.
4) Description and copies of any quality control procedures which have been
implemented relative to the conduct of polygraph examinations.
See attar ment reference Departmental Order 10 Chapter 1.5.
ev
77
MIAMI POLICE DEPARTMENT /P.O.BOX 016777 / Miami, Florida 33101 / (305) 579-6565
,outr
32
dft —i—
5) Description of the methodology and frequency of calibratian for each
1
Po Y9r'aph machine.
The methodology used for polygraphs is the Relevant/Irrelevant teduiique.
Th
e calibration of eac b polygraph instrument is done on Monday of each
week by the polygraph examiner using the instrument that day.
"{ 6) Indicate who is responsible for ensuring the calibration and accuracy of
the polygraph machines.
The polygraph examiner who is using the instrument that day.
7) Provide a copy of the Police Department's job description/requirements for
the position of Polygraph Examiner.
See attachment reference Departmental Order 10 Chapter 1.5.
8) Provide the names and resumes of the individuals who worked as Polygraph
Examiners during the period l/l/88 through 4/30/89.
During the requested period Officers Alfredo Pumariega and Craig Si.migran
worked as Polygraph Examiners for the Background Investigation Unit. Sgt.
Robert Vance was transferred to the Unit on February 13, 1989. No resumes
are available due to the fact that resumes are not required by the Police
Department.
Hopefully the provided informticn will. meet your needs.
ly, i
rry L. derson, Jr.
i Chief of Police
PiA:bl
33
89--63•
-2-
OR 5) Description of the net2:�dology and frequency of calibration for each
polygraph machine.
The methodology used for polygraphs is the Relevant/Irrelevant technique.
'one calibration of each polygraph instrument is done on Mx day of each
week by the polygraph examiner using the instrument that day.
6) Indicate who is responsible for ensuring the calibration and accuracy of
the polygraph machines.
The polygraph emminer who is using the instrument that day.
7) Provide a copy of the Police Department's job description/requirements for.
the position of Polygraph Examiner.
see attachment reference Departmental Order 10 Chapter 1.5.
8) Provide the names and resumes of the individuals vJho worked as Polygraph
Mwdners during the period l/l/88 through 4/30/89.
During the requested period Officers Alfredo Pumariega and Craig Simigran
worked as Polygraph Examiners for the Background Investigation chit. Sgt.
Robert Vance was transferred to the Unit on February 13, 1989. Pb resumes
are available due to the fact that resumes are not required by the Police
Department.
Hopefully the provided information will.meet your needs.
ly, i
�,(�, cry L. damson, Jr.
1" ' Chief of Police
PLA-.bl
Departmental Order 10
Chapter 1
1.4.8 Validation Details The Validation Detail to
responsible for the following taskei
1.4.8.1
The Detail will contact victims of stolen
property in regard to incomplete article
descriptors on tactdeat reports. i.e.. brand,
model, serial number, Ott., as required for
NCIC/FCIC entry.
1.4.3.2
The Detail will review telotypea received by
the 24 Aour Desk for appropriate unit routing
within the Mismi Police Department.
1.4.9.3
The Detail will assist units within the Miami
Police Department with initiating and
coordiusting firearm ownership tracing
through the Bureau of Alcohol, Tobacco and
Firearms and other sources.
1.4.8.4
The Detail will serve as s liaison with other
law enforcement agencies in order to
facilitate Datoti tasks.
1.4.8.5
The Detail will prepare and present the 24
Near Desk with a request to cancel NCIC/rCIC
hits upon Confirmation of the recovery of
stolen property by other low enforcement
agencies.
1.4.8.6
The Detail will complete supplemental
reports on recovered stolen fireares when the
case is umaestgnad or whoa the solvability
factors do not merit further investigation.
1.4.8.7
The Detail will notify the appropriate
Criminal investigation Divisions unit,
whenever stolen property is recovered, for
purposed of follow up investigation by a
Crietnai favestigattoo Division detective.
wr.3ke Polygraph Detail is responsible
examinations for the Miami Police
89-630R
34
I
Departmental Order 10
Chapter 1
Department. in order to provide ethically and
professionally conducted polygraph examinations for the
Department of Police, certain guidelines and procedures
shall be adhered to.
1.5.1 Only certified examiners, who have successfully
completed a minimum amount of required hours of
instruction by a State of rlorida recognised
school of polygraph. will be considered as Miami
Police Department Polygraph Examiners by the Chief
Polygraph Examiner.
1.5.2 A list of selected polygraph examiner• is to be
kept current by the Chief Polygraph Examiner, on s
monthly basis.
3.5.3 polygraphs may be conducted for the following
reasonso
1.5.3.2 Background investigations on all appiiesacs
for positions with the Department of Police.
1.5.3.2 Administrative and criminal investigations
conducted by the Internal Security Section.
1.5.3.3 Criminal investigations conducted by the City
of Miami Police Department.
1.5.3.4 Requests for assistance by other law
enforcemout agencies, an approval of the
Chief Polygraph Examiner.
1.3.4 Requests for, and sebedaling of, polygraph& $hall
be handled in the following manner,
1.5.4.1 The normal hours of operation of the
polygraph office ore 0800-1700 hours. During
chase bourn, an assigned Polygraph Examiner
is am duty to conduct regularly scheduled
polygraphs.
D*partmeatal Order 10
Chapter 1
1.5.4.2
The Chief Polygraph txaminer is responsible
for regularly scheduling polygraph
examinations. All requests for polygraphs
should be directed to the Chief Polygraph
Examiner (or his/her designs*) at the
Criminal Investigation Division Hsadquartats,
Roo■ 525.
1.5.4.3
Pre-asploysent polygraphs will be coordinated
in advance with the Chief Examiner by the
Background Investigation Unit for scheduling
during normal operating hours.
1.5.4.4
Requests for examinations related to criminal
or internal investigations should be soda to
the Chief Examiner in advance, whenever
possible, for scheduling during normal
operating hours.
1.5.4.5
Specific polygraphs for criminal or internal
investigations •hall take priority over pre-
employment polygraphs, regardless of
schedules.
1.5.4.6
When expediency of the situation demands,
emergency examinations (related to criminal
Investigations) ■ay be conducted during
otber-than-normal operating hours by any
authorised departmental polygraph operator.
1.5.4.7
Any authorised departmental polygraph
operator say initiate a polygraph examination
during the course of 4 criminal
investigation. ?be examination should be
approved by the Chief Examiner during normal
working hours. However, wbon necessary
during other hours, the examination say be
conducted without prior approval.
1.5.4.8
In the event that the Chief Polygraph
Examiner is unavailable, polygraphs may be
scheduled . and conducted by any other
available authorized polygraph operator.
89-f 3f3.
36
�r
r+.
Departsiental Order 10
Chapter I
1.5.4.9 Lists of available operators are maintained
in all investigative units of the Department.
1.5.5 POlTiraph Stsudardae All polygraph examiners of
the City of Miami Police Department that)
familiarise themselves with, and abide by, the
standards and principles of practice as outlined
In the Polygraph Detail's Standsr4 Operating
Procedures.
I.S.S.1 Polygraph examinations must be objective and
unbiased.
1.5.5.2 Polygraphs must be voluntary on the part of
the person. No examiner will conduct an
exaatnation if there is a reason to believe
the person has been su►jected to duress or
coercion.
37
1.3.5.3
In regard to internal investigations or
disciplinary actions against employees of
this Department, current laws, court
decisions, and labor contracts will determine
if polygraph exaainstieas may be required to
a condition of employment.
1.5.3.4
No polygraph will be conducted without
written consent of the subject or, if a
Juvenile. written consent of a parent or
guardian.
1.5.5.5
In all criainal investigations, a staved
advice of Constitutional Rights (Miranda
Merging) must be obtained prior to conducting
a polygraph exanivation.
1.5.5.6
No polygraph will be conducted on a person
that the exaa.ner believes to be physically
or psychologically unfit at the time.
i
i
-
E
'1
1'
Departfeotal Order 10
Chapter 1
1
1.S.S.7 No polygraph asauiner shall knowingly Issue
aBy polygraph report that is biased,
•Isleading, or falsified in any way.
t of t
CESAR H. ODft3
HAMI K DANIELS, it D.
Meow � «••• 11'" Cif)' Mana6et
� Q
May 26, 1989
Perry Anderson, Chief
Police Department
City of Miami
400 N.M. 2nd Avenue
Miami, -Florida 33128
Bear Chief Anderson:
Please accept this letter as a formal request for information on
behalf of the Overtown Independent Review Panel (OIRP).
The OIRP has determined that the information requested below is
relevant to its ongoing inquiry regarding police -community
relations. The following specific information is requested at
this time:
1) Number of polygraph machines operated by Police Department
staff; a description of each make and model of machine
operated; and date(s) of acquisition.
2) Dates of inspection for each polygraph machine during the
period 1/1/88 through 4/30/89.
3) Maintenance record/history of each polygraph machine.
4) Description and copies of any quality control procedures
which have been implemented relative to the conduct of
polygraph examinations.
5) Description of the methodology and frequency of calibration
for each polygraph machine.
6) Indicate who is responsible for ensuring the calibration and
accuracy of the polygraph machines.
7) Provide a copy of the Police Department's job
description/requirements for the position of Polygraph
Examiner.
89 -63R
DEPARTMENT OF INTERNAL AUDITS AND REVIEWS
3006 Aviation Avenue/41h Flow/Mlami, FL 33133/(305) 579-6079
8) Provide the names and resumes of the individuals who worked
as Polygraph Examiners during the period 1/1/88 through
4/30/89.
It is requested that this information be provided within ten (10)
days of the date of this letter.
Thank you in advance for your timely attention to this matter.
Sincerely
^1atheri h c and M. Barry
Chairperson
RMB:ma
cc: Members of the OIRP
Tony E. Crapp, Sr.
OIRP Consultant
Harold Long Jr., Esquire
OIRP Special Counsel
Dr. Hattie M. Daniels, Director
Department of Internal Audits
and Reviews
ss-s3F
40
jo f
— PERRY L. ANDERSON, Jr. ; CESAR N. ODIO
I ` Chien of Polite �iJ '�" �� ��"' City Manage(
r
Vt
A
r
71 Father Ridbard M. Harry, Chairman
Overtown Independent Review Panel
Department of Internal Audits and Reviews
3006 Aviation Avenue, 4th Floor
Miami, Florida 33133
Dear Father Barry:
This letter is in response to your inquiry of May 26, 1989, requesting
*- information relative to the Police Department Background Investigation unit.
1) Copy of the job description/requirements for the position of Oommlader,
Background Investigation Chit.
There is no formal job description stated for the position of Cbmx ender of
the Background Investigation Unit. The Background Wit C amiander reports
to the Personnel Resource Management Section Om ander for direction.
Attached is a list of various job functions associated with the
C =mnd/Supervisory level.
,r
2) Discripticn of the recruitment and selection process which was followed in
the appointment of Captain rhlory Putman as Ci mander of the Background
Investigation chit.
- The Chief of Police has the prerogative to assign camand level officers
for the benefit of the Department.
T
3) Cbpy of the resume and service record of Captain Emory Putman... through
April 30, 1989,
Attached is a copy of Captain Putman's personnel file. The Department
does not require resumes to be submitted by Captains.
89-6 3 K
MIAMI POLICE DEPARTMENT /P.O.BOX 016777 / Miami, Florida 33101 / (305) 579-6565
ro&Icc
41
-2-
1
3
4) Copy of the job descriptions/requirements
for the position of Background
Investigator.
Attached is a copy of Standard Operating
Procedure (S.O.P.) 2, of the
Backgrounds Lhit, which addresses the duties and responsibilities of
Badkgrc uxi Investigator. Also enclosed is a Listing of job functions
developed as in Number 1, above.
d
5} Dunes and resumes of the individuals who worked as Background
Investigators during the period January 1,
1988 through April 30, 1989.
The following officers were assigned as Background Investigator during the
period requested. (The Department does not require resumes to be
submitted by police officers.)
Ofc. E. Abboud Ofc.
H. Johnston
Ofc. R. Anderson Ofc.
J. Kelley
Ofc. D. Banks Ofc.
J. Nelson
Ofc. S. Brichze Ofc.
J. ibibio
�.
Ofc. J. C ristin Ofc.
J. Trembley
Ofc. N. Fairhurst Ofc.
C. Wellcns
Ofc. F. Gorordo Ofc.
D. Simril (deceased)
Ofc. W. Hams
-
Hopefully the provided information will meet your needs.
Sincerel ,
Perry L. Anderson, r.
Chief of Police
PLA:bl
4^
i -
t t. xamIt'
PERRY L. ANDERSON, Jr. 1 CE5AR H. ODIO
Chief of Police y""::�"' `J. City Manager
��f•�71„t,�V?
'R
i
i
OWN 15 W9
Father Richard M. Barry
Chairperson
Overtown Independent Review Panel
Reference: The Background Investigation Unit
Dear Father Barry:
As per your request, enclosed is a copy of the information on Captain
Emory Putman in reference to his Internal Security background. The
investigation enclosed includes the summary of the investigation and
the statement of Captain Putman. Statements by other personnel in
reference to the investigation are available upon request.
If we may be of further assistance, please feel free to contact Sgt.
Louis Gonzalez at 579-6172.
CR:tars.
Encl's.
incerely,
Major Cal oR ss
/ Comman
In nal Security Unit
j (for erry L. Anderson, Jr.
� Chief of Police
89--s3f-
MIAMI POLICE DEPARTMENT /P.O.BOX 016777 ! Miami, Florida 33101 / (305) 579-6565
•ouci
43
- - - -- - - --
r~ 14ATTIE M. DANIEM Ed. D.
Dkettm
May 26, 1989
j 1
Perry Anderson, Chief
Police Department
City of Miami
-� 400 N.N. 2nd Avenue
Miami, Florida 33128
Dear Chief Anderson:
CESAR N. 00I0
City Manes"
Please accept this letter as a formal request for information on
behalf of the Overtown Independent Review Panel (OIRP).
It is requested that the following information relative to the
Police Department's Background Investigation Unit be provided to
the OIRP:
1) Copy of the job description/requirements for the position of
Commander, Background Investigation Unit.
�-r 2) Description of the recruitment and selection process which
was followed in the appointment of Captain Emory Putman as
Commander of the Background Investigation Unit.
3) Copy of the resume and service record of Captain Emory Putman
including promotions, commendations, citations, disciplinary
actions, etc. through 4/30/89.
4) Copy of the job description/requirements for the position of
Background Iniestigator.
5) Names and resumes of the individuals who worked as Background
Investigators during the period 1/1/88 through 4/30/89.
DEPARTMENT OF INTERNAL AUDITS AND REVIEWS
3006 Aviation Avenue/4th floor/Mlantl, FL 33/33/(305) SM6079
Chief Anderson
Page 2 of 2
It is requested that this information be provided within ten (IO)
days of the date of this letter.
Thank you in advance for your timely attention to this matter.
Sincerely,
Father Richard M. Barry
Chairperson
RMB:ma
cc: Members of the OIRP
Tony E. Crapp, Sr.
OIRP Consultant
Harold Long Jr., Esquire
OIRP Special Counsel
Dr. Hattie M. Daniels, Director
Department of Internal Audits
and Reviews
89-63P,.
45
MEW
r
U ITED STATES COMMISSION ON CIVIL RIGHTS
WASHINGTON, D. C. 20425
STAFF DIRECTOR
May 16, 1989
Father Richard M. Barry
Department of Internal
Audits and Reviews
3006 Aaviation Avenue
Fourth Floor
Miami, FL 33133
Dear Father Barry:
This is -in response to your recent request for copies of the
transcript of the two forums held by the Florida Advisory
Committee on February 23, 1989 and June 25, 1988. The
transcripts are enclosed but I must inform you that they are
unedited and have not been reviewed for legal sufficiency,
defaming and degrading statements, or circulated for agency
or individual review. Therefore, if you wish to use the
information contained in the transcripts beyond background
information you will need to verify the data with the
appropriate agency or individual.
I am also sending you two other reports which you may have
but in the interest of time and the work of your panel I will
send them along now. Confronting Racial Isolation in Miami,
June 1982, USCCR, and policed by the White Male Minority,
October 1976, Florida Advisory Committee to the USSCR. As
you can see by the dates these reports are a few years old
but the subject is related to that of your panel and many of
the recommendations are still relevant.
Good luck to you and the panel, we look forward to your
report.
MELV L. JENKINS
Acting Staff Director
Enclosures
cc: Michael Moorhead,
Chair, Florida Advisory Committee
46
C1t# of tarot
i 40 ti
HATTIE M. DANIELS, Ed. D.
(AreStbr � N.M .y �
rr�tt�
.r—
April 249 1989
Melvin L. Jenkins, Acting Staff Director
U.S. Civil Rights Commission
1121 Vermont Avenue, N.W.
Room 800
Washington, D.C. 20425
Dear Mr. Jenkins:
0SAR H. CKNO
City Matt"I"
.Y Please accept this letter as a follow-up to the two (2) public
hearing which have been held in Miami, Florida under the auspices
of the U.S. Civil Rights Commission. The first hearing was held
by the Commission in June, 1988 regarding numerous complaints
about conditions affecting the black community in Miami. The
second hearing was held on February 23, 1989 by the Florida
Advisory Committee to the Commission in follow-up to the eruption
of a civil disturbance in Maami on January-ib, 1989.
I am contacting you in my capacity as chairperson of the City of
Miami's Overtown Independent Review Panel. This Panel was
appointed, in the aftermath of the recent Overtown civil
disturbance, by the Miami City Commission. The Panel has been
charged with the responsibility to investigate and review
community relations between police officers and the residents in
the Overtown area, and to report the findings and make
recommendations to the City Commission.
~ In this context, I am requesting your assistance in receiving a
copy of the transcript from these two (2) hearings in Miami as
well as a copy of any follow-up reports or other related
f1 documents. In view of the urgent need for timely action in
response to the problems here in Miami, it would be most
appreciated if this information could be provided at your
earliest convenience.
Please address any questions pertaining to this request to Tony
R� E. Crapp Sr., Consultant to the Overtown Independent Review
Panel, at (305) 758-0115.
rW th mest Regards,
L �.-�,L
- Father Richard M. Barry
Chairperson
cc: Tony E. Crapp, Sr. 89-63
8.
All OIRP Membt ARTMENT OF INTERNAL AUDITS AND REVIEWS
3006 Aviation Avenut/4th Floor/Miami, FL 33133/(30S) SM6079
a
t of tarot
HAME K DANIELS, Ed 0.
Director tWe 9 f: f
April 24, 1989
Perry Anderson, Chief
Police Department
City of Miami
400 N.W. 2nd Avenue
_ Miami, Florida 33128
Dear Chief Anderson:
CESAR H. 0010
City Manager
Please accept this letter as a formal request for information
under the authority of Chapter 119 of Florida Statutes on behalf
of the City of Miami's Overtown independent Review Panel (OIRP).
It is requested that copies of the following information be
provided to the OIRP within fifteen (15) days of the date of this
letter:
1) Police Department Rules, Policies, and Procedures
(including all policies and uidelines relative to
the hiring -of sworn officers?.
2) Police Department Table of Organization and
' Organization Chart indicating all organizational
units, sections, divisions, etc., by race and sex.
3) Police Department Staff Listing including the
Name, Rank, and Job Description for all sworn and
civilian executive positions by race and sex.
4) Police Department Mission Statement.
5) Map of Police Department Patrol Zones.
`-6) Police Department Daily Patrol Zone Resource
Allocation by Shift (e.g. # cars, officers, and
other support units assigned to field duty per
shift daily).
7) Police Department Affirmative Action Reports for
FY '70 - FY '88 (COINS).
DEPARTMENT OF INTERNAL AUDITS AND REVIEWS 89-638
3006 Aviation Avenue/41h Floor/Miami, FL 33133/(30S) 5794U9
a: <
Chief Perry Andeon
April 24, 1989
i. Page 2
'1
8) Study conducted by the University of Miami for the
Dade Association of Chiefs of Police in 1983
entitled "Discharge of Firearms Statistical Study"
and any updated information prepared by the Police
Department.
9) Listing of all applicants from the City's eligible
list for Police Officer who were rejected by the
Police Department by Name, Race/Ethnicity, Date of
Eligibility, Date of Rejection, Reason for
Rejection. This listing is for the period 1/1/80
to 3/31/89.
10) Report on disciplinary action taken against sworn
police officers from 1/1/80 through 3/31/89
including Name of Officer, Date of Hire, Rank,
Race/Ethnicity, Charge/Reason for Discipline, Date
of Infraction, Date and Recommendation of the
Departmental Disciplinary Review Board, Date and
Decision of the Police Chief, Date and Decision of
the Civil Service Board (if applicable), Date and
Decision of the City Manager (if applicable), Date
and Decision of Court Appeal (if applicable).
11) Agenda and Minutes of the meetings of the Police
Department Personnel Practices Committee from
10/1/87 to 1/31/89.
12) List of members serving on the Police Department
Personnel Practices Committee from 10/1/87 to
3/31/89 which indicates Name, Rank or Job Title,
Race/Ethnicity, Oates of service on the Committee,
Appointing Agent (e.g. Chief of Police or F.O.P.).
Your prompt assistance in providing this data will facilitate the
OIRP's investigation relative to the recent Overtown civil
disturbance.
49
it
Chief Perry Anderson
April 249 1989
Page 3
Please address any questions pertaining to this request to Tony
E. Crapp Sr., Consultant to the Overtown Independent Review
Panel, at (305) 158-0115.
Ni est Regards,
Father Ri hard M. Barry
Chairperson
cc: Tony E. Crapp, Sr.
All OIRP Members
A. or, *
t of tqut
HATTIE M. DAMIRS, Ed. b. USA& H. O
tii►rct« � �w tl"' � C'Itr Manf►Rt!r
April 24, 1989
Honorable U.S. Representative John Conyers
U.S. House of Representatives
2426 Rayburn
Washington, D.C. 20515
Dear Honorable U.S. Representative Conyers:
Please accept this letter as a follow-upthe to public hearing
which you held in Miami, Florida on January 27, 1989 regarding
the Overtown civil disturbance.
I am contacting you in my capacity as chairperson of the City of
Miami's Overtown Independent Review Panel. This Panel was
appointed, in the aftermath of the recent Overtown civil
disturbance, by the Miami City Commission. The Panel has been
charged with the responsibility to investigate and review
community relations between police officers and the residents in
the Overtown area, and to report the findings and make
recommendations to the City Commission.
In this context, I am requesting your assistance in receiving a
copy of the transcript from your hearing in Miami as well as a
copy of any follow-up reports or other related documents. In
view of the urgent need for timely action in response to the
problems here in Miami, it would be most appreciated if this
information could be provided at your earliest convenience.
Please address any questions pertaining to this request to Tony
E. Crapp Sr., Consultant to the Overtown Independent Review
Panel, at (306) 758-0115.
Wi mest Regards,
I�
Father ichard M. Barry
Chairperson
cc: Tony E. Crapp, Sr.
All OIRP Members
DEPARTMENT OF INTERNAL AUDITS AND REVIEWS
3006 AvIallcm Avenue/ith Floor/Mlaml, FL 33133/(3051 Sn-Gon
r
f
r
-61 a.
ai2lt#v Ii� taiYtt
NATTIE K DANIELS, It D.
Oklcio► ? �.ea..„.�n �
April 24, 1989
Honorable State Representative Alzo J. Reddick
Chairman
Committee on Emergency Preparedness,
Military b Veterans Affairs
Florida House of Representatives
207 House Office Building
Tallahassee, Florida 32399-1300
Dear Honorable State Representative Reddick:
CESAR H. 0010
City Man6eft
Please accept this letter as a follow-up to the public hearing
held in Miami, Florida on April B. 1989 under the auspices of the
House Committee on Emergency Preparedness, Military b Veterans
Affairs.
I am contacti ng you i n my capaci ty as chat rperson of the Ci ty of
Miami's Overtown Independent Review Pane?. This Panel was
appointed, in the aftermath of the recent Overtown civil
disturbance, by the Miami City Commission. The Panel has been
charged with the responsibility to investigate and review
community relations between police officers and the residents in
the Overtown area, and to report the findings and make
recommendations to the City Commission.
In this context, I am requesting your assistance in receiving a
copy of the transcript from the Committee's public hearing in
Miami as well as a copy of any follow-up reports or other related
documents. In view of the urgent need for timely action in
response to the problems here in Miami, it would be most
appreciated if this information could be provided at your
earliest convenience.
Please address any questions pertaining to this request to Tony
E. Crapp tr., Consultant to the Overtown Independent Review
Panel, at (305) 758-0115.
rithmest Regards,
f�• /r(ichard M. Barry
Chairperson
cc: Tony E. Crapp, Sr.s,
All OIRP Members
DEPARTMENT Of INTERNAL AUDITS AND REVIEWS
3W Avlailon Avenue/Mh Mmr^418W. iL 33133/(305) SM60n
k �;
r
1
i
C.
COMPENDIUM OF SUMMARY ANALYSES FROM
PREVIOUS REPORTS ON RIOTS/CIVIL DISTURBANCES
COMPENDIUM OF SUMMARY ANALYSES OF THE FINDINGS
& RECOMMENDATIONS OF PREVIOUS REPORTS ON RIOTS
AND CIVIL DISTURBANCES IN THE MIAMI AREA RELATIVE
TO THE ADMINISTRATION OF JUSTICE
s
}
1
4
Ir
t
Prepared By: Tony E. Crapp, Sr.
President
_
Community Marketing &
Development, Inc.
5908 N.W. 7th Avenue
_
Miami, Florida 33127
(305) 758-0115
MAY, 1989
89-63R.
_ �'
54
I'
Contents
I. Summary analysis of the findings
and recommendations of the
Overtown Blue Ribbon Committee,
1983-84 Pages 3-6
II. Summary analysis of the findings
and recommendations of the U.S.
Civil Rights Commission, 1982 Pages 7-11
III. Summary analysis of the findings
and recommendations of the
Governor's Dade County Citizens
Committee, 1980 Pages 12-14
r,
a
a
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I
SUMMART ANALVSI5 Of FINDINGS A kECOMMENUATIONS
CONCERNING AOMINtSTRATION Of JUSTICE
OVERTOWN BLUE RIBBON COMMITTEE
MIAMI , FLORIDA 1983-1934
M
x
4
5.6
'f
i ir.♦
c,'
ADMINISTRATION Of JUSTICE
_ FINDINGS:
1. The actual or oer•ceived use or, misuse of oolitical oower and
the manipulation of minority -group conflicts contribute to
racial unrest in Miami.
2.
Structural changes in the social and economic fabric of Miami
need to be made to reduce i neoualiti es.
i
3.
It is necessary to monitor and evaluate the various functions
and activities of the Police Department to insure compliance
-
with community standards.
RECOMMENDATIONS:
{{
Is
1.
The Committee has serious concerns that the osychol ogi cal
f
test used by the Deoartment of Human Resources to select
R
oolice officers may be oroviding scores which mean something
`4
other than the current interpretations, or scores which mean
nothing at all. It is imperative that the City of Miami
--
Police Department not be forced to hire or or•ecluded from
4!
hiring someone based on the faulty interoretation of a test.
t'
Testimony before our• committee makes clear that the
administration of the Police Department does not know what
e
the results of the test mean.
2.
The Committee recognizes the strengths and weaknesses of the
Office of Professional Compliance. The Committee suggests a
serious research effort be undertaken to determine the most
-
effective and efficient manner to handle comolai nts about any
public employee. The Committee recognizes that we do have a
—
very powerful civilian review board for criminal conduct:
THE GRAND JURY.
—
w
57
fi
3. Training should be oriented to reduce ootentially violent
situations.
ai As indicated by the FBI training orogram and at other
innovative academies, role•olaying is an imoortant step
in heloing police to react to ootentially violent
situations. We encourage the exoanded rale of the Dade=
Miami Criminal Justice Assessment Center and the
increased use of role-olaying in police training,
b) Any new or ootentially controversial policy, orocedure,
or regulation established by or for oolice should be
s monitored and evaluat ed. The nature and scone of
training should fit the needs of the oolice officer, his
or her division, and the community. If training does not
s, meet those needs, then it must be modified. Research and
evaluation are the best methods of determine the needed
changes or adjustments in training.
4. Because Miami is a tri-ethnic city with a history of racial
unrest, the Committee finds that a balance
of oatrol
methods
must be emoloved to orot ect and serve
members
of the
community, We hooe to see more "storefront"
tyoe
oolice
stations, more officers on horse oatrol, and
more officers
on
foot oat rol. We suggest this aoor•oach even
if it
means a
sacr-ifice of efficiencyfor effectiveness.
Further,
oolice
officer deolo,yment must not be made on the
basis of
race o►-
ethnicity,
t
fe► 5. We find that the City of Miami Police Deoar•tment's field
1 ' training officer orogram vrovides an excellent 0000rtunity to
train Young oolice recruits. It will function effectively
r when a sufficient number of officers reach a level of
maturity and attain the ability to train others as good
oolice officers --not just officers in their own image.
r
a! 60 We recommend that the Police Department exoand their orogram
of soliciting evaluations •{�� the consumers of oolice work.
7. The Committee recommends that oersonnel in the City of Miami
Police Deoartment's Public Information Unit be professionally
trained to communicate more effectively with the media,
8. The Committee recommends the develooment of a orogram to
educate and inform members of the community concerning the
role, structure and of all City deoartments and
"e services, including Police.
89--s:3
58
9. The community as well
as the government must react orooer•ly
and swiftly to oolice
shootings. The media must react in a
resoonsible manner and
reoor•t the event in its total context
and not as an isolated
incident'. They should also attempt to
cover• events where volice officers avoid (deadly) force and
reduce ootentially violent situations into non-violent ones..
•
59
SUMMARY ANALYSIS OF FINDINGS & RECOMMENDATIONS
CONCERNING ADMINISTRATION OF JUSTICE
rl
U.S. CIVIL RIGHTS COMMISSION
CONFRONTING RACIAL ISOLATION IN MIAMI
P.
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JUNE , 1982
89-s3H
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ADMINISTRATION OF JUSTICE
FINDINGS:
Finding 7.1: For almost 2 years before the Miami disturbances, a
series of incidents involving the black community
and law enforcement officials increased racial
tension which culminated in the 1980 riots. Theincidents reinforced the black community's belief
' that a dual system of justice prevailed in Dade
County ---a system in which blacks received unequal
' treatment before the law.
r
Im Finding 7.2: Independent official investigators who have
, reviewed the administration of justice in Dade
County have been highly critical of police _
investigations and of the State Attorneys Is
handling of highly publicized and racially _
sensitive cases.
Finding 7.3: The Dade County State Attorney's Office has no
clear written policies pertaining to the filing of
1 criminal charges or to negotiated settlements in -
- t� criminal cases. The State Attorney's Office also
challenges potential jurors on the basis of race in
the jury selection process. The practices of the
State Attorney's Office reinforce the widespread
belief that the office lacks consistent policies
regarding the use of the grand jury, engages in
{ covert plea negotiations when expedient, and
} systematically excludes blacks from juries.
Finding 7.4: The Miami Police Department and the Dade County
Public Safety Department have failed to maintain
effective systems for, receiving, investigating, and
determining the validity of complaints about police
misbehavior and for imposing appropriate sanctions.
Finding 7.5: Blacks are underrepresented throughout the criminal
Justice system i n Dade County, Dar•ticularly in
supervisory positions.
61
Finding 7.6: The Dade County Public Safety Department recently
modified its hiring orocess to include
psychological screening of aoolicants. ?his
screening, which consists of testis known to be
culturally biased, disoualifies black aooiicants at
a significantly higher• rate than that of white
aooiicants:
Finding 7.7: The Dade County Public Safety Deoartment and the
Dade County government have not effectively used
the citizen advisory committees in each of the
PSD's six districts.
Findinq 7.8: Training for officer candidates and officers is
i nadeouat e.
Findinq 7.9: Although Dade County Indeoendent Review Panel is
authorized to investigate comolaints of misconduct
against officers of the 0eoartment of Public
Safety, the oanel lacks the needed investigative
resources and subooena oower.
RECOMMENDATIONS:
Recommendation 7.1: The Dade County State Attorney's Office,
together with the Dade County Public
Defender's Office and the Chief Judge of
the Eleventh Judicial Circuit, should
establish a committee to identifv racialiv
discriminatory oolices within Dade County's
criminal justice system and recommend st eos
for removing them.
Recommendation 7.2: The community Relations Service of the
Deoartment of Justice should facilitate the
creation of the committee described above
and should or-ovide aoorooriate technical
assistance.
Recommendation 7.3: The State Attorney's Office should adopt
written statements that clearly delineate
Its oolicies and orocedures governing the
«� conduct of of ea negotiations and the
instituting of criminal charges.
89--6.3
Recommendation 7.4:
The State Attor•ney's Office should adopt a
writt en ool i Cv that is committ ed t o
ethnically and racially diverse juries and
that forbids assistant state attorneys to
make oeremotory challenges on the basis of
a potential juror's race.
Recommendation 7.5:
Police Deoartment officials from both the
Miami Police Deoartment and the Dade County
Public Safety Deoartment as oar•t of their
Affirmative Action Plans should continue
efforts to hire minority officers,
particularly black officers, so that both
i'
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forces ultimately reflect the composition
of the community they serve.
Recommendation 7.6:
The State Attorney's Office as oar•t of a
is
comprehensive Affirmative Action Plan
should continue its efforts to hire more
minority attorneys, particularly black
attorneys, and the Public Defender's Office
should develoo and imolement an affirmative
i
action plan so that both offices ultimately
reflect the composition of the communities
they serve.
Recommendation 7.7:
The Miami Police Deoartment and the Dade
County Public Safety Deoartment should
closely monitor- the i mo I ement at i on of
aolicy and orocedur•es governing inte►•naI
Mro
investigation of alleged police misconduct
t"
to ensure strict adherence to the
guidelines, to evaluate the reviewing
systems ' adeouacv, and to adopt such
necessary and avorooriate changes to assure
-f
the effectiveness of the process.
Recommendation 7.8:
Psychological testing that screens
aoolicant s unsuited for police work but is
01
not racially discr•iminator•v should' be an
=r
integral oars of the selection or•ocess.
Recommendation 7.9 :
The Dade Count .v Public Safety Deoartment
should review the purpose and functions of
its Citizen Advisory Committees and issue a
written ooli cy statement delineating how
—�
the committees are to ooerate and should
devise and imolement a training or•ogram for•
r.
the Citizen Advisory Committees to enable
—,
them to fulfill their tasks.
89-6- 34
S
Recommendation 7.10:
The Public Safety Department and the County
government should resoond in writing
oromotly and systematically to all written _
recommendations or reauests for infomation r
from the Advisory Committees.
=$
Recommendation 7.11:
The Miami Police Deoartment should follow
the lead of the Public Safety Deoartment
and establish similar oermanent
reo res ent at i v e neighborhood committees to
create an avenue for• ooen communication
between MPD and the community it serves.
Recommendation 7.12:
Training orograms should emohasite oolice
work's service asoect because it is
important and consumes the majority of an
FRIr
officer's time.
Recommendati on 7.13: The Indeoendent Review Panel should have
the means to fulfill its task, including
subooena oower• and guarantees of adeouate
indeoendent investigative resources, as the
i Panel det er•mi nes necessary.
64
S9-•63£i
An
SUMMARY ANALYSIS OF FINDINGS &
RECOMMENDATIONS
CONCERNING ADMINISTRATION
OF JUSTICE
REPORT OF GOVERNOR'S DADE COUNTY
CITIZENS COMMITTEE
MEMBERS
IRWIN J. BLOCK - Chairman
-JAf4ES
BURKE — Vice -Chairman
JOHN J. GIBSON
WILLIA4 MEADOWS
PHYLLIS ORSECK
SANDRA SEARS
OR. HENRY K. STANDORD
Ij
JOSE VILLALOBOS
ol
OCTOBER 30, 1980
k
89-63H
for
O
ADMINISTRATION OF JUSTICE
FINDINGS:
The major causes leaainq to the disturbances of May 17, 18 and
19, 1980, include the following:
40 The criminal Justice system:
i
(a) The Department of Public Safety of Dade County and
complaints of Police brutality, actual incidents of
Police brutality and lack of aoorooriate r•esoonses
to said complaints;
(b) The City of Miami Police Deoartment and comolaints
of Police brutality, actual incidents of Police
brutality and lack of aoorooriate resoons es to said
comolaints;
(c) The State Attorney's office;
RECOMMENDATIONS:
l
1. A civilian
review board with its own investigative staff and
attorneys
should be created to review all civilian
comolaints
about oollce (including correctional officers).
This board
should not be Permitted to grant immunity from
c
prosecution
to any Person, Police officer• or civilian,
without written
authority from either the State Attorney or
a Judge of
the Criminal division of the Circuit Court.
Owl
'
20 All Police
agencies including the correctional division
-'
immediately
should be reouired to increase their comolement
of Black officers
to aoorooimate the Percentage of Black
Pooulation
in Dade County. The City and County. commissions
should enact
whatever legislation is necessary to accomplish
—�
this end.
r!
�3y--63N
-_
66
t
3. All oolice agencies including the correctional division
immediately should be reoui red to oromote Qualified Blacks
to suoervisory oositions to aoproximate the oercentage of
Black 000ulation in Bade County. The City and County
commission should enact whatever legislation is necessary to
�!
I
accomolish this end.
4.
Whenever oossible, Black and White officers jointly should
oarticioate in the execution of search warrants (raidsl
where the target of the raid may be Black.
50
Whenever oossible, Black and White officers should jointly
oarticioate in resoonding to emergency calls in the Black
'
community, such as the McOuffie incident.
6.
Aoorooriate stress and Black cultural education programs
5
should be reouired training of all oolice officers,
correctional officers, and attorneys and investigators of
the State Attorney's office.
Y �
-('
7.
The State Attorney should take whatever measures are
necessary to voluntarily increase substpntially the
!�
number of Black attorneys in her office within one year.
j��+
S.
The State Attorney should develoo and communicate to the'
l;
oublic not only a standard oolicy for handling
comolaints involving oolice and oublic officials but
�!
also a standard oolicy on the use of the grand jury for
! 4
this ouroose.
9.
Legislation should be enacted to exoand the jury 000i
from which jurors are selected to sit at trials to
I
include not just registered voters, but to include all
!
citizens of our County.
0
68
89-63 9r
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D.
OVERTOWN STATISTICAL PROFILE.
7
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�17
NA
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9;
This profile of demographic and socio-economic conditions in
'x the Overtown community of Dade County (Miami), Florida has been
prepared as a reference document for the Overtown Independent
Or Review Panel. The profile utilizes the most recently available
U.S. Census data to describe, by way of a comparison with
countywide and/or City of Miami figures as appropriate, the
conditions and characteristics of the Overtown area.
` The Overtown Independent Review Panel was created by the
City Commission of the City of Miami, FLorida through the
0; adoption of Resolution No. 89-84 'on January 18, 1989. In
response to the civil disturbance which erupted on January 160
1909, this Panel has been charged with the responsibility to
M, investigate and review community relations between police
officers and the residents in the Overtown area, and to report
the findings and make recommendations to the City Commission.
For the purpose of this profile the Overtown community has
been defined in terms of the most appropriate geographic units
contained in the 1980 U.S. Census. The data for this profile is
drawn from Census tracts #31 and #34 which together contain the
geographic area best approximating the Overtown community. The
Overtown area profiled in this analysis is generally bounded on
the North by N.W. 20th Street, on the East by the F.E.C. Railway,
on the• West by N.W. 7th Avenue, and on the South by N.W. 5th
Street.
This profile contains the data tables listed below:
TABLE 1 - Population
TABLE 2 - Population by Age Groups
TABLE 3 - Years of School Completed
TABLE 4 - Housing Characteristics
TABLE 5 - Labor Force Status, Population 16+ years
• TABLE 6 - Occupational Distribution of Employed Persons
TABLE 7 - Median Family Income
TABLE 8 - Distribution of Households by Income Range
TABLE 9 - Persons in Poverty by Age
11
Population
Dade county
To—tal persons Black
1*625,781 17*2
overtown, , —
Total Persons S BI&CW
10,335 98.0
Source: U.S. Census of 1980, and
Community Marketing
Development, Inc.
89-638-
72
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ell
Page 3 of 10
TABLE 2
Population by Age
+3roups
f
}
Age bade County
Miami Oveftown
M"
$
# $
�±
Total Persons 1,625,791 100.0
346,865 100.0 10,335 100.0
Under
5 Years
5
to
9 Years
10
to
14
Years
15
to
19
Years
20
to
24
Years
25
to
34
Years
35
to
44
Years
P"
45
to
54
Years
1
55
to
64
Years
65 Years and Over
Under 15 Years
Under 25 Years
25 Years and Over
94,551 _5.8
101,591 6.2
111,604 6.9
136,536 8.4
133,480 8.2
240,796 14.8
192,847 11.9
187,495 11.5
171,595 10.6
255,286 15.7
19,580 5.6
19,018 5.5
19,725 5.7
26,962 7.8
28,320 8.2
47,599 13.7
40,281 11.6
44,574 12.9
41,687 12.0
59,119 17.0
307,746 18.9 58,323 16.8
577,762 35.5 113,605 32.8
1,048,019 64.5 233,260 67.2
924
8.9
946
9.2
974
9.4
944
9.1
945
9.1
1,362
13.2
1,064
10.3
1,102
10.7
1,062
10.3
1,012
9.8
2,844 27.5
4,733 45.8
5,602 54.2
Sources U.S. Census of 1980, and
Community Marketing
& Development, Inc.
73
89--f 3H
Page 4 of 10
TABLE 3
Years of School Completed
�t
Dade County
Overtown
^'
population
1,048,600
5,602
(25+ Years)
a
Elementary
-''
0-4 Years
55,200
688
5-8 Years
189,079
1,648
High School
r•-
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1-3 Years
133,200
1,613
4 Years
319,100
1,204
College
1-3 Years
176,100
354
e'
4+ Years
175,800
95
r� $ High School Graduates
$ College Graduates
64.0
17.0
30.0
2.0
Source: U.S. Census of 1980, and
Community Marketing
& Development, Inc.
74
89-6318
Page 5 of 10
TABLE 4
k
Housing
Characteristics
Dade County
Overtown -
's
Total Year -Round
-
Housing Units
661,954
5i161
#
Owner -Occupied Units
332,527
628
$ of Total Units
50.2
12.2
#
Renter -Occupied Units
277,303
3,759
r-
$ of Total Units
41.9
72.8
#
Vacant Units
52,124
774
of Total Units
7.9
15.0 -
#
Units Lacking Plumbing
91555
179 -
$ of Total Units
1.4
3.5
77
ell
#
Overcrowded Units
73,848
869
"
$ of Total Units
11.2
16.8
i
1
1,
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r
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Sources U.S. Census of 1980, and
Community Marketing
& Development, Inc.
75
89 -638
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Labor Force Status, Population 16+ Years
Persons 16+ Years
Labor Force
Percent in Labor Force
Employed
Unemployed
Percent of Civilian
Labor Force Unemployed
Not in Labor Force
Percent not in Labor Force
Dade County
1,292,400
788,200
61.0%
742,600
38,700
5.0%
504,200
39.0%
Overtown
7,290
3,821
52.0%
3,477
344
9.0%
3,469
48.0%
r —
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8
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r+
Sources U.S. Census of 1980, and
Community Markeeinq
& Development, Inc.
89 -63H?
76 —
Occupational Distribution of Employed persons
Dade County
Overtown
TOTAL 742,600 100.0 3,477 100.0
Professional,
Specialty, &
r,
Technical
103,500
14.0
42
1.2
Executive,
_
Administrative
-
& Managerial
91,600
12.3
53
1.5
Sales
88,100
11.9
263
7.6 _
rAdministrative
Support
(including
145,300
19.6
437
12.6
Clerical)
!
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Services
104,600
14.1
1,541
44.3
r�
Farminq,
i
Forestry, &
Fishing
11,300
1.5
66
1.9
Precision
j
Production,
Craft, & Repair
86,700
11.7
349
10.0
Operators,
Fabricators, &
Laborers
111,600
15.0
726
20.9
Sources
U.S. Census of 19,80,
and
Community Marketing
Development, Inc.
77
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TABLE 7
Median Family Income in 1979
U.S. Florida
$23,177
$23,137
Dade County Overtown
$23,846
$6,235
Sources U.S. Census of 1980, and -
Community Marketing
& Development, Inc.
i
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-
Page 9 of
10
TABLE 8
Distribution of Households by Income
Range
e
Dade County
Overtown
r-.
income in 1979
#
%
#
$
Total Households
611,237
100.0
4,024
100.0
LESS THAN $10,000
200,091
32.7
2,827
70.3
$10,000-$19,999
177,286
29.0
943
23.4
$20,000-$34,999
148,877
24.4
210
5.2
$35,000 & OVER
84,983
13.9
44
1.1
TABLE 9
Persons in Poverty by Age
Dade County
Overtown
TOTAL PLRSONS IN POVERTY 241,000 5,024
(100%) (100$)
Related Children
Under 18 Years 75,000 11865
(311) (38%)
Persons 18-64 Years 121,800 2,618
(51%) (52%)
Persons 65 Years & Older 44,200 509
(18%) (10$)
% TOTAL POPULATION
BELOW POVERTY 15% 49%
,¢, e.
�:,..�_
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J-B9-8�
1/18i89
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION
CONCERNING THE CURRENT CIVIL DISTURBANCE IN
THE CITY OF MIAMI AND CREATING AN ELEVEN
MEMBER AD HOC COMMITTEE COMPOSED OFt
(1) FIVE MEMBERS TO BE RECOMMENDED BY AND
SELECTED FROM THE OVERTOWN AREA RESIDENTS;
CHARGING THE OVERTOWN ADVISORY BOARD WITH THE
RESPONSIBILITY OF SETTING UP A MECHANISM FOR
THE SELECTION OF SAID FIVE INDIVIDUALS, AND
FURTHER STATING THAT SAID FIVE MEMBERS SHALL
BE CONSIDERED OFFICIALLY APPOINTED UPON THE
FILING OF SAID NAMES WITH THE CITY CLERK;
'
(2) FIVE MEMBERS TO BE POLICE OFFICERS WHO
WORK IN THE OVERTOWN AREA, SAID OFFICERS TO
BE NAMED BY THE CHIEF OF POLICE WITH SAID
NAMES TO BE FILED WITH THE CITY CLERK; AND
t
(3) AN ELEVENTH MEMBER TO BE NAMED BY THE
MAYOR WHICH MEMBER WOULD ALSO ACT AS A
LIAISON TO THE CITY COMMISSION, WHOSE NAME
SHALL ALSO BE FILED WITH THE CITY CLERK;
FURTHER CHARGING THE HEREIN COMMITTEE WITH
THE RESPONSIBILITY OF (a) INVESTIGATING AND
.`• REVIEWING COMMUNITY RELATIONS BETWEEN POLICE
OFFICERS AND THE RESIDENTS IN THE OVERTOWN
AREA AND (b) REPORTING ITS FINDINGS AND
Y
MAKING RECOMMENDATIONS TO THE CITY
COMMISSION, SAID COMMITTEE TO RELY ON ADVICE
FROM SPECIAL COUNSEL APPROVED BY THE CITY
ATTORNEY TO ENSURE THAT ITS ACTIVITY WILL NOT
INTERFERE WITH OTHER ONGOING INVESTIGATIONS;
FURTHER STIPULATING THAT SAID COMMITTEE SHALL
CONDUCT ITS ACTIVITY IN ACCORDANCE WITH ALL
ASPECTS OF APPLICABLE LAW AND CONTRACTUAL
REQUIREMENTS; FURTHER STIPULATING THAT SAID
4
COMMITTEE SHALL BE EMPOWERED WITH SUBPOENA
POWERS TO THE EXTENT PERMITTED BY LAW, THE
_
EXERCISE OF WHICH POWERS.SHALL NOT INTERFERE
WITH OTHER ONGOING INVESTIGATIONS; FURTHER
w
ALLOCATING AN AMOUNT NOT TO EXCEED •S25,000
FROM SPECIAL PROGRAMS AND ACCOUNTS UNTIL
FURTHER CITY COMMISSION CONSIDERATION OF
" FUNDING AT ITS NEXT MEETING, AT WHICH TIME
■
THE CITY MANAGER SHALL RECOMMEND A REASONABLE
-
TOTAL DOLLAR ALLOCATION TO COVER EXPENSES
INCURRED BY THE COMMITTEE; AND FURTHER
STIPULATING THAT THE CITY COMMISSION SHALL BE
PRESENTED WITH INTERIM ' STATUS REPORTS
CONCERNING THE COMMITTEE'S ACTIVITY AT EACH
CITY COMMISSION MEETING.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDAt
—
Section 1. As a result of the current civil disturbance
in the City of Miami, an eleven member Ad Hoc Committee is hereby
CITY COMMISSIO14
MEETING OF
JAN 13 1989
82
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1
created composed of (1) five members to be recommended by and
selected from the Overtown Area residents with the Overtown
Advisory Board being charged with the responsibility of setting
up a mechanism for the selection of said five individuals, the
appointment of said five members being considered official upon
the filing of said names with the City Clerk; (2) five members to
be police officers who work in the Overtown Area, said officers
to be named by the Chief of Police with said names to be filed
with the City Clerk; and (3) an eleventh member to be named by
the Mayor which member would also act as a liaison to the City
Commission, whose name shall also be filed with the City Clerk.
Section 2. The herein Committee is hereby charged with
the responsibility of (a) investigating and reviewing community
relations between police officers and the residents in the
Overtown Area and (b) reporting its findings and making
recommendations to the City Commission, said Committee to rely on
advice from Special Counsel approved by the City Attorney to
ensure that its activity will not interfere with other ongoing
investigations.
Section 3. The herein Committee shall conduct its
activity in accordance with all aspects of applicable law and
contractual requirements and shall be empowered with subpoena
powers to the extent permittAd by law, the exercise of which
powers shall not interfere with other ongoing investigations.
Section 4. An amount not to exceed $25,000 is hereby
allocated from Special Programs and Accounts until further City
Commission consideration of funding at its next meeting, at which
time the City !tanager shall recommend a reasonable total doiikr
allocation to cover expenses incurred by the Committee. ;;:_jj
11 ' , :I
Section 5. The herein committee •ehail present, thw-City
Commission with interim status reports concerning` CoeUmittle
activity at each City Commission Meeting.
83
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��- Section 6. This Resolution shall becom@ 46ME1Se
immediately upon its adoption pursuant to law. 1:
PASSED AND ADOPTED this 18th day of January 1989.
RAVIER L. SUAR MAYO - '
ATTEST i •''r
k.4
KAM HIRAI
CITY CLERK i ''t,,. i
PREPARED AND APPROVED BYt ;z! .•
ROBERT F. CLARK Ii.-
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNEM
JOR ,E L
CITY A RN
RFCtbsetM91+
64
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f�9-63R.
' :gypp
CITY OF MIAMI
or. INDEPENDENT REVIEW PANEL
t^
MISSION 6 OBJECTIVE STATEMENT
The Independent Review Panel (IRP) was created by the
City Commission of the City of Miami, Florida through the
adoption of Resolution No. 89-84 on January 18, 1989.
Pursuant to Resolution No. 89-84 the mission of the
IRP is as follows:
To investigate and review community relations
between police officers and the residents in
the Overtown area; and to report the findings
and make recommendations to the City Commission.
_ r
To facilitate the IRP's effectiveness the City Commission
vested the body with subpoena powers to the maximum extent
W provided by law and authorized the appointment of a Special
Counsel to provide legal advice and guidance.
In an effort to accomplish the above -stated mission the
Aw IRP hereby -establishes the following objectives:
1) To conduct a complete and thorough inquiry
and review relative to the organization,
operation, and management of the City of
Miami Police Department.
2) To review, revise, update, and inquire as
necessary with regard to analyses, reports,
and findings relative to civil unrest and
disturbances which have occurred in Overtown/
Miami/Dade County within the last 10 years.
ow
3) To invite extensive public comment and testimony
relative to police -community relations and any
other issues affecting the residents of Overtown.
4) To prepare an Action Plan which will provide
for the development and implementation of
-
coordinated programs to address the causes
-
and results of conflict and to promote inter-
group understanding in Overtown. Such an Action
_
Plan will require the resources and commitment
-;
of organizations including, but not limited to,
-
the City of Miami, State of Florida, Federal
government, Metro -Dade County, quasi -public
_
corporations and authorities, private businesses;
foundations, community -based organizations, and
--
community development corporations in support of
-
a deliberate and sustained effort to implement
A
programs -for positive change in Overtown.
89-63
86
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The IRP recognizes that the root causes of the civil
_ disturbance which erupted in Overtown on January 16, 1989
are deep-seated and long-standing in nature. In this context,
the ZRP will endeavor to complete its review and investigation
with all deliberate speed.
Adopted on T , 1989 by the
Members of the City of Miami Independent
Review Panel.
ar ATTEST:
Father RichardM. arry
Chairperson
xt-
89 -
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TECSR:3-23-89
ry 5
8I'�/
OPERATING GUIDELINES AND PROCEDURES
'A
CITY OF MIAMI
_ INDEPENDENT REVIEW PANEL
OPERATING GUIDELINES AND PROCEDURES
ii
1) Meeting dates, times, and locations shall be
established so as to maximize the public's
attendance and participation.
2) All meetings shall be preceded by a generally
advertised public notice appearing no less than
two (2) days prior to the scheduled meeting date,
and all meetings shall be open to the public in
accordance with the Government in the Sunshine
Law.
3) All meetings shall be governed in accordance
with Roberts Rules of order.
4) Invitations to Appear and Requests for Records
may be issued prior to the authorization and
service of subpoenas for testimony or records.
5) The Chairperson shall serve as the official
spokesperson for the IRP and is authorized
to issue verbal statements and written press
releases on behalf of the panel.
Adopted on (Z I �0 , 1989 by
the Members otithe City o Miami
Independent Review Panel.
ATTEST:
U�Ather Richard M Bar y
Chairperson
�+ 89 .3p•
TECsr:3-23-89
89 -
Elmira Brown Ofc. David Magnusson
1958 N.W. 4th Court Miami Police Department
Miami, Florida 33136 Planning & Research Unit
Attn: Kathy Day
Lt. Franklin Christmas Rev. Willie Starks
Miami Police Dept.
Planning & Research Unit 501 N.W. 19th Street
Attn; Kathy Day Miami, Florida 33136
i
Ofc. Jorge Coladas Mr. Tony Crapp, Sr.
�. Miami Police Department 17365 N.W. 66th Place
Planning & Research Unit Miami, Florida 33015
Attn: Kathy Day
w•
Mr. Leroy Colyer
425 N.W. 6th Street Angela R. Bellamy
�. Miami, Florida 33136 City Manager's Office
City Hall
r-
Rev. Richard M. Barry Cesar H. Odio
P.O. Box 012943 City Manager's Office
Miami, Florida 33101 City Hall
Sgt. Alphonso Erving
` Miami Police Department Comm. Miller Dawkins
Planning & Research Unit City Hall
Attn: Kathy Day
01'
Harold Long, Jr.
Comm.
Rosario Kennedy
�-
Attorney at Law
City
Hall
4770 Biscayne Blvd. 01460
Miami, Florida 33137
f
Ms. Annie Gooden
Vice
Mayor V. DeYurre
—
1918 N.W. 4th Ave. Cir. W.
City
Hall
Miami, Florida 33136
r.
—
Ofc..Herma Justice
Niami Police Department
Comm.
J. L. Plummer
.Planning & Research Unit
City
Hall
Attn: Kathy Day
Mr. Dewey W. Knight
_ Liaison to City Comm. Mayor *.Xavier L. Suarez _
R29 N.W. 55 St. City Hall
Miami, Florida 33127
91
City Clerk's Office
City Hall
Jorge Fernandez
p Law Department
,,. Mr. Donald Benjamin
Diocese of Southeast Fla.
525 N.E. 15th Street
Miami, Florida 33132
Ms. Graciela Catasus
Dept. of Justice Assist.
Metro -Dade County
1500 N.W. 12 Ave., #901
Miami, Florida 33136
Mr. Irby McKnight
224 N.W. 12 Street #5
Miami, Florida 33136
Dr. William Perry
850 N.W. 7th Street Road
Miami, Florida
•. Mr. Stephen J. Helfman
One Centrust Financial Ctr.
100 S.E. 2nd Street
�• Miami, Florida 33131
Ms. Kathy Day
Liaison to Officer
Miami.Police Department
Planning & Research
= w.
Mr. Joseph Kemp
N.A.A.C.P.
P.O. Box 315
Opalocka, Fla. 33054
ro
92
Ferry Lindsey
nffi.ce of. the U.S.
State Attorney
155 S. Miami Ave. 4700
Miami, Florida 33130
Greater Israel Bethel
Primitive Baptist Church
160 N.W. 18th Street
Miami, Florida 33136
Mt. Olivette Baptist
Church
1450 N.W. 1st Court
Miami, Florida 33136
Mt. Zion Baptist Church
301 N.W. 9th Street
Miami, Florida 33136
St. John's Baptist
Church
1328 N.W. 3rd Avenue
Miami, Florida 33136
Temple Baptist Church
1723 N.W. 3rd Avenue
Miami, Florida 33136
Central Baptist Church
500 N.E. 1 Avenue
Miami, Florida 33132
Highland Park & Haitian
Evangelical Baptist Church
800 N.W. 14th Street
Miami, Florida 331316
St. Francis Xavier Church
1682 N.W. 4th Avenue
Miami, Florida 33136
St. John The Baptist
Armenian Apostolic Church
120 N.E. 16th Street
Miami, Florida 33132
83-63R
Trinity CME Church Apostolic Mission of
511 N.W. 4th Street Christ Church
Miami, Florida 33128 261 N.E. 23rd Street
Nr Miami, Florida 33136
ar First United Methodist Overtown Christian
Church of Miami Community Church
400 Biscayne Blvd. 240 N.W. 17th Street
Miami, Florida 33132 Miami, Florida 33136
5t. John Community
Overtown Church of Christ
+' Development Corporation 185 N.W. 14th Street
1324 N.W. 3rd Avenue Miami, Florida 33136
Miami, Florida 33136
New Washington Heights Church of God in Christ
Community Develop. Conf. AM Cohen Temple
1600 N.W. 3rd Avenue 1747 N.W. 3rd Avenue
Miami, Florida 33136 Miami, Florida 33136
r..
St. Agnes Episcopal Church
One Way Tabernacle 1750 N.W. 3rd Avenue
1651 N.W. 3rd Avenue Miami, Florida 33136
Miami, Florida 33136
All Nations Pentecost Trinity Cathedral
Church of the Lord Jesus 464 N.E. 16th Street
1523 N.W. 3rd Avenue Miami, Fla. 33132
Miami, Florida 33136
St. Peters Catholic Church
Consilio International De
1811 N.W. 4th Court
Iglesias Evangelica
Miami, Florida 33136
918 N.W. 7th Avenue
Miami, Florida 33136
Am
Greater Miami Chamber
Glorius Holy Church
— of Commerce
of Christ
1601 Biscayne Blvd.
939 N.W. 3rd Avenue
Miami, Florida 33132
Miami, Florida 33136
Triumph The Church and
— Miami Sports and
Kingdom of God in Christ
Exhibition Authority
1752 N.W. Ist Court
300 Biscayne Blvd. Way
Miami, Florida 33136
— Miami, Florida 33131
Beacon Council
Greater Bethel AME Church
80 S.W. 8th Street
245 N.W. 8th Street
Miami, Florida 33130
Miami, Florida 33136
89--63
93
F � Y
t
Miami -Dade Chamber Mr. Tom Battles
of Commerce U $ J ti 0
6255 N.W. 7th Avenue
Miami, Florida 33150
M
Greater Miami Convention
And Visitors Bureau
4770 Biscayne Blvd.
Miami, Florida 33137
Or
Downtown Miami Business
Association
One Biscayne Tower
Miami, Florida 33131
Metro --Dade County
Community Relations Board
111 N.W. lst Street 6th F1.
Miami, Florida 33131
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Greater Miami United
1699 Coral Way
Miami, Florida 33145
or. Bradford Brown
Southeast Fisheries Ctr
75 Virginia Beach Drive
r' Miami, Florida 33149
Downtown Development
Authority
One Biscayne Tower
Miami, Florida 3331
N.A.A.C.P.
4610 N.W. 7th Avenue
Miami, Florida 33137
Urban League of Greater
Miami, Inc.
8500 N.W. 25th Avenue
Miami, Florida 33147
. . us ce epb.
Community Relations
51 S.W. 1st Avenue
Miami, Florida 33131
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OVERTOWN IBDSP811DZNT R$VIBW PAPBL
MEETING SCHEDULE SUMMARY
Meeting Date
Subject
Location
January 20, 1989
Organizational Issues
St.
Agnes
Church
January 23, 1989
Organizational Issues
St.
Agnes
Church
January 31, 1989
Organizational Issues
St.
Agnes
Church
February 13, 1989
Special Meeting of the
St.
Agnes
Church
City Commission and the
Overtown Independent
Review Panel
March 1, 1989
Testimony on Police/
St.
Agnes
Church
Community Relations
March 9, 1989
Testimony on Police/
St.
Agnes
Church
Community Relations
March 15, 1989
Special Meeting
St.
Agnes
Church
concerning Subpoena
Powers
March 20, 1989
Testimony on Police/
St.
Agnes
Church
Community Relations
March 30, 1989
Testimony on Police/
St.
Agnes
Church
Community Relations
April 6, 1989
Testimony on Police/
St.
Agnes
Church
Community Relations
April 19, 1989
Testimony on Police/
St.
Agnes
Church
Community Relations
May 4, 1989
Testimony on Police/
St.
Agnes
Church
Community Relations
May 10, 1989
Work Session to
St.
Agnes
Church
Review Status of the
Investigation
May 18, 1989
Testimony on Police/
St.
Agnes
Church
Community Relations
89-639,
Meeting Schedule Summary
Page 2 of 2
May
31,
1989
Public Hearing on
Miami City Hall
Police/Community
Relations
June
1,
1989
Work Session to
St. Agnes Church -
Review Status of the
Investigation
June
22,
1989
Work Session to
St. Agnes Church
Draft Interim Report
June
29,
1989
Work Session to Draft
St. Agnes Church
Interim Report
_
J.
LIST OF WITNESSES
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J,
LIST OF WITNESSES
89"63 8.
98
} CITY OF MIAMI
OVERTOWN INDEPENDENT REVIEW PANEL
List of Witnesses
Name
1) Police Chief
Perry Anderson
2) Police Officer
Samuel Harlan
3) Mark Axelberd
4) Police Captain
Emory Putman
5) Joe Louis Jones
6) Police Major
Calvin Ross
7) Terry Taylor
Police Sgt. Prank Taylor
Tommy Taylor
8) William Howell
9) Police Major
Mary Stair
10) Richard Kinne
11) Police Officer
Charles Wellons
12) Raymundo Artesiano
13) Assistant Police Chief
J. Burke
14) Shirley Ervin
15) Police Sgt. Warren Barnes
16) Chester Coachman Jr.
17) Retired Police Major
George Adams
18) George Slattery
19) Former Police Lt.
Pam Johnson
TECSR/5-31-89
Date of Testimony
3/l /89
3/9/89
3/20/89
3/20/89
3/30/89
3/30/89
4/06/89
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4/06/89
4/06/89
4/19/89
4/19/89
4/19/89
5/04/89
5/04/89
5/04/89
5/04/89
5/18/89
5/18/89
5/18/89
89- 63 H,