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HomeMy WebLinkAboutItem #09 - Discussion Item•.IAP1L. rLO IDDA Joseph .R.`Grassie City Manager da44440 Kenneth I. Harms Chief of Police lNTt R-OEFtCL.• MEMORANDUM do �: May 15, ,1979. FILE: y,.43.t:c- Civilian Review Board <+,FFttt NCFs. Memorandum of April 5, 1979, Letter._ from Keyes. -Hardin Pdts. LNCLO UR[ S, and Position ,Paper Two. Inthe course of our previous correspondences and conversations, I; have expressed to you;manySof my concerns relevant to Police Civilian Review Boar. Essentially, my posture on this issue has not changed. It appears however, that, considerable sentiment expressed by the media and certain community groups have assured. continued interest'' in this issue. The Dade Criminal Justice Council, of which 1 am2an activeo member, shall be meeting. during theears It appears hear alternative proposals regarding this matter. Itsign�ars nd that these proposals will �sugge. t __.._s___, __.l. itw - e ---- implement a system will permit some degree of community, participation in a review process•Upn randediscusslthis.with mat ier ar, I"shall re-evaluate my position you further. I have attached, for your information,a correspondence I; received which addresses civilian reviewfrom a multitudet PP�Pf ers ectives as well as a previous concept paper ar .., my concerns over the issue of civilian review in its present form. 7 �t. 1hidint iir�l�i�lit,li Iul.rr1,111ru 11�trrlln, (Jlitrrr 1'1`I"r rt 11,:“1in Freedom of Speech, as Justice Oliver, Wendell Iiolmessaid, doesn't include the right to shout "fire" and panic a theater. 'e o of There is no co,I parable restriction, however, '7�,•u Freedom it it chooses, cry y 'The Press. The pi'eSS may, if ' oitr Community where none exists and panic a city. , `If creates a Civilian Review (of Police). Board,, we should be aware that we are giving the pi ess a trumpet for this cry. At that point, the issue tuns in part on zvhetlier . or not we perceive our press to be responsible. When, " in such : a situation, the . cress won't_ ,;i.ve the "co2?zifz7tnz.ty the information to judge the i.ssIte, or the self -Merest of, the. nezvspa p- e s- 7� themselves, it is ironic indeed to hear editors in court cr i' g fo "Freedom Of The Press. We believe you will find the enclosed copy of a letter to The Miami Herald an itnzzsualinsight intoour community. you agree, � tii.en, slime : zt �- �If you If you find it important, if g r have means of reproducing it, please doiiso. 17e'i�yr ews c pi blic� opies are going out to ;elected officials. If )o f --- t: 0 ifan idea is- right enough, if it's �sb-ong . enough,: it They say . doesn't take too many people to put . it across.. We are sending,` this to less tlzan 100 of you. Best .regards,_r -1`770 MicanOpy • Avenue'- Cocolutt Groue, Fl. 33133 858- 0070 /u:l�..(srict,In:: MA 11'ururrrr F'th!rclni.. 1 'r'r; .v.f. I H:h �'t.. \"nrtlr .11r,turi. Fia. 'f' Ih1. j ( ) Na.5.'>;r„ (/' if •1, NC\ I'M se/et/sib 11,Hrlitt • 11tHilin Leeey Bloom 'diter, Tropic 11,eeeld Mieei, Itleefla April 11, 1979 Rear tneles: After a rent% awaiting fieel voed oa my proposed rticle, "ire) Frotecte U3 From The Police?", word filters beck time:ugh Infoeeed 1;era1d SQucces that Tropic's veaders zn4 I can forget about the easignment. Your puenling suasastioa that we have a conference. with eentor editors to iron out LI "politics" transletes, Im told, to this: John Met!ullen has circulated word that I shouldalt be essigaad to a "saneitive" article such a3 one questioning the wisdom of a Civilian Review (of Police) Boerd. The "reason"? After I left Tropic in 1939, I worked —anywhere from one to four years lnter--for Maurice Terre, Joe Robbie, and Dick Gerstein, ebout when I'd writtn. Even if theve were anything wrong with thet, doesn't it strike you es absurd 013t Tie Herald's editors wauld repeatedly esk t to write again for Tropic, eed that McMullen's concarerwould bloom only after my letter of March 11? "Uncomfortable"? I'll bat you are. The issue here isn't that a Civilian Review Eoard article won't ba written by Bob din. The issue is that it won't be written by anyone. Once again, Tha Herald is playing political poker with the. public's welfare as stakes. I jut happened to blunder in, but as long as ny reputetion has been tossed into the pot as a nickel chip, let's play out the hand. You tell na, "Ordinarily we have autonomy back here, but this (Civilian Review Eoard article) is seneitive.':." Two years ago in a journalist review seleazine I wrote that while The Herald was lofty in its standards for others, "it vas never uawilling to compromiee news objectivity when its own economic interests ware touched." Sone of our cwn senior editors told ne, condeecendingly, "You're talking about the vay things weed to be." Okay. Let's sea how things are now. I think it will fascinate anyone who has a vague idea The Herald nenipulates events in its cwil intereet, but can't quite pinpoint how. It night also interest sone of your editors who go to coeventions each year and wonder aloud why newspaper credibility keeps going down. The Civilian Review Eoard. So far, what little debate has surfaced in the news- papees hns been kept carefully ueinflaseatory to the public. To the extent that it's treated ae a controversy at all, it ha3 been presented ae Public Safety Director Purdy, jealously guarding his perogative to discipline officers behind closed doors, against a lofty-ninded group of public-spirited citizens beaded toeether to protect our Constitutional right to be safe from cops. The issue, as things stand now, will sputter along at that level until --in about a month or so -- the citizens group 411 announce thnt, yes, they have, decided the county needs a Civilian Review Board. And the Yeteo Coeniseion will create one. Ey the time the dust settles, it will be after the fact to tell the public that .ese ',Seem :see sseeee Sams Inc.. re; A. -Ilk Menu'. (303/ !4;-1465 w‘. •3't a 1.3 .it h-tve he.,n e7.1.1zit(tti v111114,14 Ylv.t it h-3 n --a r:.'it.,:ov,!r:1 in c:v...Ey 11; ,ra 14:,1 t4,1.3 ;(1 C:(11. VOlt TO'er: City n a uh: '!ce to ,:o.rriAl?.c. all sid.:o3 of the if.3-,ue, they votorl 2 tic> 1. Th:tt. the Tiigeloa city cow,c1.1 vonni 1j voto,.d ('!.):;ct. That till 1.oul.../1.11.a. h:.-o:‘‘o ns;..q:ofi clo,:n iltat ti:e bA ii ni.1.,,1:,t1phi.a cl ;o1:ca nr.ter41fo-,:un for harana- rnt of police. That.tha courts 1u.ve hoo,:es i Todianaolis end Tblt aca of voili%oring z-ed restricting police pcy7,tr, 7!:,ort of holiliating pol.:1.-:e by rAl.:cting than to ruvlow by a political board copritl of th?.ir r,3tavorl critics. Th:lt th.,o3a rens bnve teen successf4 in citiT's C3 177o:ge, r.s Pittburgh ...;?1.1 C:3 Port:C7ord. The iea is preat-0 ns one dic...7r.dited Wa have not reed, for instance, what Che Tar !=3.)c.tion had to sny loore than four }-!ave ago in its project, "The Police Fuactioa": "The independent police ravia:i bo3rd, which see:-.:ed to many tO-ProVIdeinti"A--r-Sof handling grievances and clearing the air of tensions between the police and tha public, giving the pnblic greater confience In its police, and the police a certain amount of protection El:01a malicious, and unfounded complaints, never wasable to achieve_its_augose. "Although tha police thei:o;alves playact :jor ole in defeating Civilian Review Boards in r.any cities, inherent defects in the ilea of the review board also contributed to its lack of success." (My italics.) _ _ _ Vray ere we not reading in minute detail about an issue.which was a page on contro- versy everywhere else it arose over the past two decades? Tha onswar, I suggest, is that Ecllan hes already decided that Belle County will have a Civilian R2VieW Board. Why would he risk the approbriun an editor faces if caught managing the news? Beyond an explanation of shear arrog3nce, I think Mcliullan perceives the issue as too vital to The rereld's economic interests to risk dabate. Particularly he wouldn't want.the subject researched by the only writer around with a track record of writing about rerald editors in Tropic articles. Check your files for ny 1969 article on Gerstein, which was killed when I v.entioned, allong other things, McMullan withheld news during the celebrated Dia.-oond-Fewerda case. Notice in my Janet Reno article that Mc:I.ullan, although it identified by name, is clearly prset. re knows if I find him rantpulating events I would write hia in. There are your "politics." The clues to The rerald's role were slow coming together. When I came back to Ltartt you'll recall, during and after work on the Janet Reno article, 1 W33 irate over the wrong -address raid in which the black schoolteacher, Nathaniel LaFleur, was injured. Beyond the fact that it night have ended in tragedy, raiding a wrong ;:edfess is the sort of stu2id mistake which damages comunity,relations and leaves taxpayers in lawsuits. But I certainly couldn't presume the officers had acted criminally. The police thought they ware in the right place, thoupht they had their drug dealer, and could sea he was resisting arrest. By and large, if you really are a !rug dealer being raided and you slan a door on aa officer's band, run when they break in, End kick and yell as they subdue you, you can expect to get mussed up. (Some states, not Florida, have laws which require you to submit even to an unlawful arrest, on the premise it's better to let a magistrate sort out the mistake than ha Ohl LilodUCIOIV, pOr frt. t f.;";(1 7tri 1!.1: !it/ aa.ta haaa hal,1 :s;o1 aan raTaa.: aataiful araal.,t taith :al. to Lba r.t,„ ,7t;.,11 shale ,atlaTaad tali f 1'alr aad aaald fa-a.t 1: a had a gcaal r!-.-au:a ftir. civil. rafIraaa a:'ad ,a3t af 1_11a La: ,a'tayi4tha tca. tha han:Ifit of !la abaht, aalaaa an la,i-a7.ay tAlaal c);.1. n"t o, flo:1 w!.,.2.t !.alao of tha P-alao iaaarl (a, ,tiaavaav alaa-h,aa, 1 rapacta 1 tha TaaJaar caal would paaetpitota a ds‘aad fua a Loaad. A3 I told yaa, OJa Is ata.laA r!.Acri, 1,ox aad Caaaaaity r=1-1:JJ13 ro,:i zi EA lra:Ja oa:Jpaat gaaapa haaaaaa thair hiatoay la3 of !a.ahtaa Caalitaticalt tighta foc all citiaaaa, tut I wouldn't cay thay haaa tha laya aabla:;a4 of lao aafaacaaJ:at. in Laa Aagalaa, for in3tanca, the lattl Oaaftal tha paapaaal foe a Ca3 aryl It inc1ads1 a loonty of up to $300 for L;,aatag aa afficar pla.s pachibialag c.traa fraa aalag up nattaa haw afalaa tha charg-,a or bla,talt tba pa,alka.y. So it aa,,.a-A to sa ta ta a col:ovaaail aatIcle. Yaa aaaaarl Iataa,a:tad, aari wrote yaa a full-paga paopasal. lasaaver, aLiclo, “hlah aaaal 1:t1;a saah a pacfact Trapic aubjact, 0.att5i.?3 you to ham and hao ald ba vaavailabla for telaphaaa calls, and lasaat uayba I shoold appear hafora Tha Ccaaittaa On Un-racald Act4ait4aa; aadlanly it's "sensitiva..." rot :aarsitiva in tha saa.:la that a rapoatar had batter have his facts saraight; sansitive ia th sansa that Tha rarald doaan't want to aun it. At this point, I vas puzzlad. I juat hadn't yet put Ncliallaa squaaaly in the picture. Than, a few days later, I turn oa the tube to ses-alo and behold--callaa and Panay Paal and a lawyar from The Herald's attic tenant, Tha Haws, in court, suing to gat the Public Safaty Dapartaant's inteiftal review records tadublic undar the Conant in tha Saaahina Act. I said to Clara, "I think it's atarting to make sanse." nat I saddanly saw unfolding was not a Fiast Aaanda:aat battle to inspect records andar tha Sunshine Ta-it was a legal skirniah in the creation of a Civilian Pavia-, Baard. Mat would be Tha Harald's aotiva for croatingn Civiliaa RaviBoard? Certainly not to protect citizens from police nisconduct--:ia'c!allan may 1....eap his readers uninformad, but ha cartainly kneads the record of such boards elsaoherea Vo,auhat ve vare watching, purely and cynically, vas the opaniug of a caapaign for circulation in the inner city. Yore than one t.aarican nawspaper has failed bacauae it lost out in central city. For yavaral years aaw, notwithstanding that The Harald is financially sound, this has been identified as the top priority problem by Herald aad Kaightaniddar ranagat:ant. Hoary daily reader mast sense that. Daspite its efforts to be ingratiating, though, The Harald has not rade it desired iapact on eithar the Cuban or black communities. It sianply doesa't have the "penetration" --that's managemant's word for it --the raadarahip araaa. Tha "ibit" readarsa What has bean lacking ia an eaotiona issue in which The Ferald could eaarge as a leadar-aa chaapion deserving of ninority loyalty, readership and advertising. The Lafleur ca30.;.though, was stirring controversy in exactly those areas The Herald pinpointed as its greatest waakness. So the incident which merely suggested nn article to ra, told Xelullan it V39 time to bagin a campaiga he'd long coasidared. Tha Coaaunity Ralatioas Boavd--ona of those civic groapa which exist to speak when The Harald $aya spaak--was given the green light for a goal it had sought for yeara: a Civilian Raview Board. The police would be outraged, of course. Cosabn sense suggested that the Lafleur casa didn't reveal any endemic brutality. A -id all the furor and investigations and with his lawyers daaanding $3 millioa in daaages, LaFlaur could hardly be said • to be without society's assistance in the natter. Purdy apologized and suspanded three of his officers for 10 days, and a fourth for three days, which ray wall have Nl'Ve:,-1t.ii dill Pi (Iductitins •t. J 4t 0 • I1. f c• I: to. = 6"f•vt 411 A ,!13 ..14: Wit Or 11.43 1! •,) 4710 1. I.4111.'.111: !=-r1 ilt;± • ;•.4 . I 't 14 ! 3 i T.1'9 f7t C.! 70 1, 3 r t IA o31. nf r1 C III.: CAI Ii47.1 G41't r.,!:fli.4 frc,0;7, L,,ther.7,13 loroLcALIJA1 at io 4'434 ;/r11.13 C,:404:11 vc,old hold 3t eca:0,1aLt;:!IL.tnal tf tt the Ta tellite ther L3 a ::lt_ck cIrcelAttta ror Tha It is 110:: only ;--,:onnd in tha old days :*;.1ri '11:1 1!::,..7,1.4 Y.4 3 1) 3 3 1,71 11:.••'T;-13 by r,:.sb:3t•lr3), L.rld DI:cNte. 11:f) 1-7:-.6.7•::ov.3r, it 1t The r,a,:ald je5t r'' 11.f tlo :Ya tf tt !ecce(1a. T1i5 1:13t IS so cle.7„etc rc'l!ullvallin, so tr[7-7, 1thtnk ;;;Inad-Ing to eppinud your lander hn I explain. 7.nt nothing -,:orthitle. is ct',er brsiachild is by certain vroblems. Tha Catch-22 of Civilian 1.1.2.vi,3w 7,oards ia other cities 11%3 boan: 1. If they ara created with pc,;rs to Cora, co7:yel testimony, discipline officers, or cyan laan on the o thalr reconnendations are follcn4ad, they have tenOad to be hold unconstitutional. 2. If they have no te.eth--if they're mal:ely advisory withont powars--thoy tend to ba either cop -batting circuses or bureaucratic ctipodes, and in either ce.se their %,;upportern evontnally banc;:a bored or disJAlusioned. (Fro:a tha 1967 rresid.ent's CoT.wission raport: "For cy.spla,in Fhilodelphia, only S paccent of the casas ware concln(led within a ronth and 31 paccent in lass than 4 months; 12 percent took over a year.") That's why you saw Mr.15o1lnn and Fool in court. They nod some clont for their new CR3; as a starter, the right to patusepo1ic internal revicw records. Hintorially, the CRB's haven't had muCh SUCC,23S getting at those. ny? Becau_se, oddly enough, cops have rights, too. To understnnd this, let's sae hew police misconduct is invaAgated now, at least undar optinula conditions. Say you're an officer accused of misconduct —excessive tse of force, brutality, rape, shal:e.downs, whatevar--and say 1 am the internal review section investigator, and I want to talk to you. Okay. Tri U.S. Supreme Court has held that you have the sa:e Fifth rights against self-incrimination as a civilian. (Carrity v. Few Jorsay, 385 U.S. 493. 1957). But...your Fifth Anandment rights doa't shield you fron tolling your enployer how you performed your duties. (Gardner v. Broderick, 392 U.S. 273. 1958). So...if my questions are specifically, narrowly and directly related to your duties, and if you refuse to answer them, you can be fired. Or, if your ans-;ers revoal dereliction of duty, you nay be fired or disciplined. Thus we have twocportun4ties to fire or discipline you in a ,:t3cond,tct caa. Ulihar r,va 17ay ewn be able to fire you in a case in which you boat the crininal e1rtVC:9. (For in3tance, the prosecutor can't prove a charge of rape, but we believe you were outside your zone at the time of the alle•,.ted offense.) But...suppose McMullan and his Civilian Baviow Board are out there? Suppose they have 012 po:ier to subpoena records of cur conversation, or can compel me to testify as to vhat was said? Now that our converontfon is no longer confidential, what are you going to oay to•me? You'll. say, "Ta74e your questions and fly a kite. I'm in jeopardy, I want Ty lawyer, ond I stand on my Constitutional right not to incrinimate myself." And the courts will surely back you up. If I can't assure you that your Kerc!-1 I:ntlin 1iocluoions ++C +1.• -+ ,++•. t ts t 1 +-t +1 ; =ti 11 f 1 +:'.7 ts 3 I ;J1‹., . ) 11-+'!++11i• ./ 1.0 ,:- 1!-; ("11: ; I.11k1 4)(+1.1,1_1s:+11i ' 1++.',+1 +1) 1...:11tt.tr? r,0 1+,31:11:t 1 -.1 3,3 ;,;• ,1 '1+1;,; 3 rye., :5 3 (IC. 3 .:3t 11 113 of S.:1.c: -!,._,1:•11.0 of ii1,1 ; . C O 2 3 11;:J.I.;13 p 1';+•,:y1t4 , t;1•7+3:-.:t +:1+3 Qf legal 1.1+•01)1.+7, +3 cot: 1L1:a C13, t3 1.i1 y,343 011 1J3.!.ty 0C olo.h a l000,ol b+a ;11L+.+,Z1L0,1 la poblIc. V-.41 nootly his strotoa a lo3o;:ioo.:4 low loloaalo on 1112 -t t11:1t id flijCylua Th2 17,.1-;11.45 ri.C4,,?:3 (2,3 11:,2PJ LOt op Its too!ocll000t, pollo iLS F0101:1, c,A isocoocioustywl%Ins on tiptoe, tl,o o..Ica coo ooity ohoold Is 'Coo roo:ald so poohooctoolotically 4.1oiot ohoo it 000ld illy ba ohouttog, if ooly lo pooioo of 5O:ooli? The plpo iu oot to otir t1.2 cwo3itIon. Dol't ypu thtok if lo;':olloo had 0000thiog ha loolw the poblic ha'd love cootro- vorsy? A big Troi.,tc n'At 0113 15 "oensittvo." So he o',:ologir,-!s in coloon 113 for ootng rurdy ond poaisos hiu fuls000ly--Joos logiool flip-flops lo ordar to pocify nni Jo -fuse the police., who la row Yoit rk Cy, ofter oil, wont roa%-oodoftle into tha couoity to lood the fislit to set tha iG5U2 on the bollot (ood vhen you dafoat an issue, 2 to 1 in row York City, you oost have a lot of rtnootty votes ogroaing with you). IL all ou,ggosto to oa thot Mc:.!ollon hncos tha poblIo 000lln't buy the Civilin' 7oviaw n,:d idea if all the ciustioos000hich I au listios ool)arotoly fooA this lotter-- oove onoworod. So tho g000 ploa is this: oid ony raal e000lnatioa of tha issuos; sioe the public ooly onough inforoation to accoston pooplO to the irl':!A that a Inviow ruord will aad ohould Et:dot; justify its creatioo with a'ohaooy but eootional cnuse calabro and an oloodiont board donioated.by individuals with a strong aoti-police bias; stro%e tha cops so thay won't get angry enough to Jo ooythins; slip it poot the Eetro C000ission as an idoa so lofty it scarcely nar'its Jabate...nnd than, zooia, fastar than you can say "brutality wave," you've coat' tha neaos to eopty those nayspaper rae,ls and get subscriptions pouring in from "poor penetration" noaas. If the plan fails, The Harald still wins. Criticton, chargos, countoo-chnrsos. Ueodlinos--the bottor to vonow interest in the innor city. A collapse aotd political buoaaueratic incoopetancy or Constitutional rostrictions is actually for from the worot case. In the worst case, the bo'sod ends onid civic chaos. When you croata a boaod dodicated to elevating eootion ond °pillion to a highar leval thon dua procoss, tha rosolts are unpoodictoblo, at tost. Cortoialy wa'vo saan Indication enough that Coomunity Rolations Eoard loadora are chaffing to ovorri,la unsatiofactory answars through due process vith what can only be i4entifiad as vigalantisn. fold 0000ywhora The !herald's proopting is opilaront. Although it should be obvious oow. just why tho St ote Attoonoy shoold aroi'looL;th rolations with tha police, I rotha.r rogoot the tilling of oy rocont coiticisos ia Tropic of Janat Folno. Tha end of hor honoynoon with tho press shouldn't nocassarily sisnal tha start of a lyching. She has reaisted copadiency; she has follod the law and har conacienca—and the ponishnt for that is wall l000wn to =any Dacia officials, presont and past. bath no fuoy 1i erald thwarted. The real evil of plan, thouoh, is not that it usas Covern=ent in the Sunshine to parmtt journalism in the shadows; not that it is irresponsible and PrmlkictionN t ,}} �y f. r the ' 1tt1_.1fSt.}t. _ ;,i �.)L Vol 1 'r.R�.rl�!i 1 a it)Ally d�, tlr,,._+'}si; , nt t11=tt i.t. i' �",,:itl..i r �; The d' 4 rrlt � � , � Yell ei-3 c i It :,.+. '.a -of i. t;:3 . con l cUil"-:,. i c 1r„ r.7. t:. J ,/ co; ,1;. 1., .C!t. 1, l� t.il 1. �, .fly. �, •.: ,t it •a �� .11 �� 7. t. tJ, t� 3 i!1. 1 -3 hll;1�:. 7 t. J.� 1 � t,., �� f . , .n U�10 thinks that slapping ila of 1 4(112ti:ir_,Il, not a .;�' t,i.,r,t i. a.iJ ., I:h"'. i].111;; ilc=�i.:3.fUy 1'�= trli+?l�lr.i+�. i.l�)%,J'J,:. • e fryce ;ai.th , C vtl& 'i1 ? -v3r roa-d is' tl,')�• irl' � tl the 1: ", t 1 . 2 his 7 •.eit � t;l.il j ^.i � ,J dg�At!:nt .,� �;.-�_. f:'_. ,"a+?1:1.�y ,1 1L.i J:1 3 ,'t101i r it'. :'J i 1 lt. T �' f � '1'lt if The 1�"i'41}.+} i•- ili.:d, t:0ra')0±`Jg'' :1'13 :.f r'. "•, ' ! i t: t + � �; be t u:• t:i.o;; !l. :',tt r_ty 3 L- :as?' t 1> ,=a .'" '' 1 coosue •t'1'31.e �tas�.Lri scarcely � J.l'i;ei.tlz of o•1,'..',{?;,ri.t:i.•:s if it ,.• rc a plot to a .11L:tte pl, n for fh,'ht_i.t„ i=es,,nt.; :=nos Oit both ii : 3. u t?t � �.ic';1s Tore A ale. CIt>�,�it•?>_isly ff o}it •e b:ve 1,-d2 in co� u'�l!.i-y i. f +Cl i711 i:C . eL efforts t". i9 �, ' , h { s nut as will be. s sail in the accoap' ying p i 2 ,llt rt}cor�rs1Z :3 t l p it.i.S3 suspect q Q�..0 L ::,: u 7 ^�' fV nor �u'�y t 'C.i t1 t'L expertise I~e h,::s lect i t g of n of C�i.i�'.SI:iC,ir9,, The i'P1•ald' iivr.'1 U�i.;:_ i1 `. ' ly,..y-"tVt31 ignorance ,,•t it t 3 flo`1 i " in the field of ci'i.t•�i131 justice. As t., tsl., � 1• TheVerald truly ctry to a kinde:^acten carene fidnce in .its ability to ter ;tth the most lui irate ,3C11:3Ly. � t•oi;ld not only 4'u:3rTdon the questions I raise could be c�n�;'.rez,�d, I think we If ho.q , would b en route to meaningful solutions idea of a Civilian Review Board, �.- � the police. 1;e night be •;'�3.ch, if they are to succeed,' should be initiated by 1 e solutions. s,atlt vents these � If surprised to discover how strongly police +:anage dace .ourPolice ap the answer is to re r_s-aa- .•��n= tu'cr.s oitt to be i.rsir:c'cr'_, �peih ?s I� cv4Ly�ii;,,er, jti�t 1r.oat of t: Unlih e The Herald, I don t p�'est , t-o ha e l Th to tb. qL M a Herald the questi.rns. ti"iat I`do know is that the co:.,?�;�nity must t:•�� allow e� e barter a bur ucatic placebo for circulation. cowould be nice if Tropic ware a forums by . hich issu s involving The Herald itself could ha aired with credibility. That was the hope I had for it in the beginning. KL\•es-llarclitl Prcul►ic'tittt. H.r.0: (;:.',K1.!•:(.; 1 '.`1.1(..i.;S 1.0 i.!•; i i CI E, '",:i0 i'r.!.1(1.1-,15 US rc'i flE i%01.1ULt" . ... ......._. . _ . . . Ci)ncorning CiVilin P.T/11 flo:!yd: is it envisiced os 1,1,!ly o.t.:visoly, or ona with paw7m's? If pc:s, w.it F),(s?--.-„u',proa, im_,7t11 1::stiliony, i',"::ii4 12.C=Alie'.nLial nliC1 fiMS, ihr.id:?. F:.T11!Jit, '.-.:'(.'7,-1ii pAi.:11'!".? IS it envisicnod tha !)oard will .'.,-,k the legi:::lauce for F.-,..!,?ms? Hni::r P-C, c11•71ctor, wt.t. pers are rjble? If 1-1-.3 ;11,?. ch7+111 in c,,,.drt, t,on .it--wIlo ;-)eys for cost uF F.uit ond Twoal? olt a !ord Loeolog a coert !-,uit ‘,old foll,..:A If board is 1::!maly ar::viocy, why yuld 7_,v.-.)na cmmisid:2r it ei-CT!ctiva? no will :1,..,,-,oilit board --will a slte b2 r.-:cm--,,w-d, or will i'..,tio „11o:,e, <i)oint? i!,iwat is 1 up of d evisicm..d? nat si!? Yc,old evince of 1.cial 1;1as bl,pc% an :,:ipointm:nt? 1!.od ev14:::nce of anti -police bias block appointnt? 1!,Juld ilarings be required befeee board could ba ildpointod? YHt is ma%oup of Coni.ty relati.ons Foard's criminal justice committ2a--not just raes, but affiliations, experience, bi;.1ses, Mo act,..lally attends meetings? Ilhosa opinions dominate? Is the H1,10 ;.Ad ACLU raprasented; are the police represented? Uho is legal counsel? Is the iTadia represented en the board itsalf? Have crimlnal justice comittee deliberations been covered by press? If not, why not? Ara there aoreas of disagreerent concering cbjactivas, functions or methods of CR3? If not, why such heiyeoy? Has the board held public hearings? Does the board sat input friLA police agencies? H3S it coplled eAaqles of police misdeel yhich can ba chec!oad out? Has it da,r,onstrated that a problom exists which tha police are unable to rociae? Hos it cceepared police coeplaints with other cities? Daes it have secific cooplaints as to PSD precedures? Has it conveyed those coplaints? DO3S it issue reports? HOA often does it meet? Uhat procedures does the coumission at least tentivalY envision for the cRa? Itill citizens initiate cooplaints through the board, or will they file complaints concurrently with police and tha board —or will the board rarely review police records?' Mat happens if the courts to not permit access to internal review records? Could act of legislature override this? If co:oplaints are initiated through board, at Fe -screening would it do? Could anyone Eppaar before the board to initiate a misconduct coplaint? If it rade recomeendations or acted in judicial capacity, hat rules of evidence would the board lollcw? Vould hearsay ba admissible? If so, what protection would there be for officers against slander? that civil suit dangers for citizen who rade ccirplaint which turned out unsupportable? h© ceoss-examiaation ha permitted? Vould degree . of proof of misconduct against officer be the souas in a criminal court (beyond reasonable doubt) or lesser? If formal rules ware followed, would attorneys' be necessary? If so, would taxpayers pay? Mat if complaintant ware indigent? If formal procedures applied, how would process differ substantially from present reo-edies for citizens? If no formal procedures, what would keep it from being a i:ongaroo court? Could county ba liable for lawsuits arising foom board coduct? Check with county insurors--what do they, who have as much at stake as anyone, think about the situation? Hould the board have its own investigators or rely on police investigations? If it had its own investigators, what size staff would be naeded? Mat cost to taxpayer? Vas any tentative bullet been proposed or envisioned? That is experience of other cWes? If board relledon police investigations, how would process be rateriallY different from pmsent? 14hy would a citizen feel rore or less protected than ma Kevcs-Ilind iii Piticlucti(m l'....11: '.:ee.y,i`,11; r eVireiS " it'enVICTS..." yould boeed ait..? Whe.fe? AL whet hoes? The eceelission has as:_td Pso figula2s 1 i'l(11 c,-;,..^, IA L!;1 C:till',*.(..: 0 i 1..‘() cre,,)leints of tie:lice tuiseendoct a d, ay including • " ,. , nen -cile,inel. i.ttL1cip-.1L1ng that ce„pleints tii 11 increase with plablictLy, 11e,,-i oiten weuld Lee boa'. d i):::,.t: to !;it? Waeld boerd 1,;:.;::)Z1.1-3 bl p:,li Ca Uould t.hey 1;a vegnired to 11 CINI:! SOil,?. so et of teaining? Is any i•..aans crivision,--,.d to pla-lvent. e:-..parience of • othel- cities whare nca-poli::ical citiaens have draived out, le,:Jvieg Cs in llends of en Li -eel i r..e i tell vi deals? If 1.113 bo-t.'i'd tlallY hits advisory piaeai-s , teeoldast Purdy, wIno r.,,-)ooces snell boards on te•-iticiple (see: positiel of Int:It'il:Itieeal t..eaaocietien of,Chie.fs of Police, 1960), li - br?. b:-.)%ted lay his oen sci-aples to diseaajaa-d 1,11-ea zeid folloa his cem couns.-..1? On the. oft ae liend, if 1:?.to teied to insist oi. ce..en hint rrelt the re.conit-.endltions must carry vleig'nt, waulc'nt the board 1)3 in dengar of b.aing de!claced tncensti tutional according to all paa.....eic.ets exeanieaces? What discussions aeld efforts have 'ther-e been to 'resolve 1-iehts-in-cortflict ti-)robleles? Publi_c ST.trety_De.jpartee.nt. tang the rJeast puzzling aspects of the CP,3 is th'iay Cili.Fit-miiiiFil reporiiny w.e've. seen yanks it frcm (any context of everyday re_ality, further fueling try suspicions that the CRB is ensivionfA ioeinly es a publicitY device for the Coir.rsunity Relations Board and a circulation builder for -The Iere.ld and 11ews. What about the climate for comii.uai-ty relations which exists viithin the ESD? Ina n'ithods by 141-cich police departments work tuaal-d good community t-elations - have been abundantly investigated, tested and dace.aa-nted at taxpayer expense. The yardsticks are clearly ma.r1-•.ed, and effective internal t-eview rJeachilvaiery is only on?. aspect. 1.1hat efforts have been tnede to find out how Director Purdy measures up in ot'ner areas. If he and his top manageneant can be shaen effective 1-.112)-e, it ‘qould tend to support his claim that a CP,3 is not needed. If Purdy has not been r effective, we night conclude that a CR3 is ntely cosmetic at best, .and the lactal problem night be identified as the existing PSO managem...ent. So: what are the.actual directives which guide PSD officer conduct? What is written on pap?.ras policy by Purdy?' Assuming that Pu-J-dy's comitrent-is positive, how is that attitude transmitted down the line? Does it begin with the application? At what point does an applicant become ae4arr.... that racism and misuse of power are not tolerated? Is he made aware of this dui-thy-111a laecruiting process? Is there any effort made during the testing and interview stage to identify and screen out prejudiced individuals? What sensitivit.y training is given at the academy, and is it effective? Is it prsen- tad In a way to shot what fairness is in the best interest of the officer himself and the deepartment? Does it realistically deal with the r'ealities. of. the.police.man's world, or is it a light gloss of words which will- quickly rub EV, 4ay the first tilee an officer feels threatened? Is the officer made aware that his t'esponsibility to . ,„. act in a non -prejudiced manner is unilateral, that it continues even if he himself is abused? Once an officer is on the str-eet, what on -going community relations training exists? , Is the subject handled at roll -calls?. By what means is management's policy transmitted to sergeant level? Cnly by written directive? This level is pivotal in police depart.r,ents--what is being done to shape or modify sel-yant attitudes? Is sers:earti;'s responsibility toward coar,unity relations well defined, or is cormunity relatiens left to a spaecial section with bleezers and 16 nn. fillis? What, for example, dean the department require of a sergeant who is aware his officers use racial slurs In ordinary conversation? How do minority officers perceive sore of these problems? ,, 1 • r r' f oi, , , i.i:,� dai.ly `�ri.th a .`�, 1eCt'S)liCifi o• f d III r ft .., i:l:faSililjil0 ..:i_'li: t•li i;r}j1L.e 1f1i 1 ; •' 1 t�� t�•n' r�ltl �i:�51rjP.•�.rl'N5? .it, ,4: 1 GY' 1 r 1 . t;l ,.i'" 11S C.-';1 1....,�1 �;1.^, 'I�tl�`.4 15 l rf�, t rlt��S i'7 n f, � jt�li,y? What is the itfl:l .t1 , It ,. r,:e ', t.fr� �rrtj+r",1 i��: c �;-��l�.-i;i)i'. "�:.�.s74 %t`t� S 1n ` ";4, t.i-i. , � } { i.�t')S on the: 1 ,�i t cis ,� ',hicl ,i".,.'�1 01 ils.'111t %.��.111:i4 1i1i1[!? Are dti'�I`.. `,1 _ , {{.. i'' i7 i�7 such ��t';,.�lc:s Let(11sc:1.,�,r.d ��t r U . ti 1, 'Y t I Ir : ( 1 , • I u s . r') t '!Ili 1;t�r't: G'1' %'1 C7', j i 1, .r' 1,,17 i) : 7 L' 1 r ant �:�Ii,L' G_1'l;'11 �(.' s,i_ s t.� i•011 ! of r,•(.I`:�'IS or u�ir st,--(.1'•'.s- icznag t ,.ttLi11di1.S Paid c;��, lu(A: u'f i!:s of 1ii:(:r's? - .. 1.• �_ � C'(l,!.h�l'1 It s. t. +;1 r ire s,e(tiic s'i4c't+.irrf�-1alJV"Jhe i�il?� iiG3.''i tt:;n s"s.�;ll� ��11 t0 `�lt.lc:i, •..+.4� i t` 1 , . Iil'!1'1r'%1i1�.1f:'•15 IsSl:t. tan e Are kill: t t? 1 t ti,�5 , :I,.n C ='t• of ty i dogs at ('7f ' �.;ilg r;�j,l'3, .iur' il•15t..�li.c-• 1, �]la fo7`t:t?� ter' of � `, r i ''• .�f or" i i15tiAc , .ili the ii _; y • bat 1'iC,.]d• �y�N{11�� ...l:f,•.,f'tt�' Oath;:r1n s? t `� ity is so g��:�jt • )(A -Fit oI ore as 1 (.,:re hog 1 � v " budget 1•ih:l� can hall �tj i't7t do �:�-•v l� .r .�;�.5aU11 G1 po11C.2 o. i is l ?. Is •i nci (' _,t oflLatin •'�/ "'3i:tiot}5 of G'J:,;s�tlili I:y re %it;1Gr1S 1 ai l t'� .`�- 'Ci1(lar i� r C,. '- of black and ! ? What is the, hu' ptio u, ` Ut �.' -t pa��-ol � i • 1:�5 •4ai�ti f~3n0i'1i:.' 0'r 11r1_r� t�i �=4- • , "t. C�: (there s a ! e present hiring pt•uc i _ S �' yni!irh toward joining•c.�psrt,r::-�n�t? What ai -long waiting list) --is -PSD application and intervie\ process. sensitive enough, to g � f � i;o°.r is policy handled on top actually' select. the best a).c�ong .those who quail ly.• pSD,inailag'fr nt'leve1?'' Do:�s Purdy delegate? i:ino is fesponsib.le? `� d asking • Int::r-�ia1 .Review- Procedures... t;i � heut compromising the 1a,rsuit for either si . y,1 . j.•...... . a . t�..co i de a ,7f .. 1 ti�ty I.o r � �1 e.r CGnT1 G..n•%i al r co'r':is ('°'li ch )voitld be achei�rpi.�5 i `s) was � :�n. �1f'general �•+i Lhdut r,:oi-e .funds .than .The Herald ever allocates •for su • Is the present pi-ocedure? �5k, is he ? Dc s he -go toy the coif 1 ai n•t. de L :,v • 1':,zs a ci ti zen i ni ti ate a ccmpl ai n t �'• ut�s i,� ons? Is . tnei-e any written di t.ec�i ti.. c'ivLn a i'or•m, is ire zs,:ed any pr'elil;iinar`,� plaint i'om as ,a i;:att`r of dlt�cted 1-outin?, at this S La�ye? -Does .'.'thv C1 ti••4e . g t a . Gofir,J .,:o di'sr•eC t`c d- a • or is it customary to ask -'him guastion$? Is :it custoi+•a'ry to try.. , co, plaint;? khat is one size of +.h . Inten1 l RevieWsection? Whe located?; At'�;'nat stage of the process is a citizen' interviewed? �. 1 L }�y loo'c .,upon than r jobs--ara Wh-o are the Internal Ravie�+ section officers? how do the hair c;apar-ar they rotivated that ;t'ney+ar-a p2rfe►iliin9onnasf��u4pleasuntncu�y? tEtc�ido�other officjr� and fello�:r officers,° or is it 1ooked ('olicy-to put a diir?rent.stand.�•d on col�pla ' parceive .them? Ai,e ,they 'exp.ct..d by p • p-1 ha saf standards they would.to a case a,3ainst against C+�f`tiCr:rS, or ao thef a,�N y., . �� � Are.,,, they..: c;�p�cted to be public civiaians? Is. Char- case lair• on this, or policy. edndle i ,for relations officers as ,i`11 , or merely investigators? how do .thhey ,�. � founded but also: . instance, ,r'rhen that'. know from' experience that the charge is probably.. • know it can't be proved?' Isth?r••t.any(1a chines -,for telling' the .corpl.aintant,the result of the investigation? 1 L What>is the d scr:�tian of an ,internal a`viai,i iVesti'gator to assign-.;'ignt, to Exar�le: t',+o �>iitn2sses against•orte officer.) testimony; about•noncri`ninal matters? ( ; an' of i c frol ►tetro saying whether the burden i n such case 4 a oul d be Is ttere y F� Y 1 ai ntants than- i f they, 'titiere cor^pl wining; g grea�e>;• ,or lesser on the cofr,p a ci.vi=l.i an? • find citixens who 14iiat are the experiences of internal revi 64' t1 nv Stigetthz'record?y have gone through the process r,tto-will discuss ,End, partial .list. PJH/4/11/79 Kevc•-11:11.din 1'rudnctions MIAMI POLICE DEPARTMENT POSITION PAPER CIVILIAN. REVIEW BOARDS Recognizing that the. subject of. Police Civilian Review Boards .is,a controversial one,,. it would seem appropriate that thefirst issue to be resolvedis:What is a civilian revlew board? The answer to this question may not be as apparent as one may perceive upon.; initial inquiry. Some commentators are of the opinion that the true concept ofa police civilian review board has never been implemented in this. country. The boards that actually have been created, have had various powers and limitations and have been assigned a wide variety offunc- tions. Though they have taken these various forms, they have all been classified as police civilian review boards. Despite the ambiguity of the definition ofcivilian review boards, the following should serve as a generaldescription. Acivilian review board is a board, of politically appointed citizens who have been appointed to investigate complaints by citizens regard- ing police misconduct. It is generally accepted that a the following characteristics: • 1) The power to review, not preempt, procedures, 2) The power to investigate hearings, 3) Due process protections in the hearing procedure, civilian review board possesses 4) A system for the formal settlement of lessserious complaints and the prompt redress of justified grievances, 5) Mechanisms for notifying both parties promptly regarding its decisioh. The underlying objectives that have been focused upon as the.. reasons for implementing an udependent review board are that it is a means of . (1) handling, grievances and clearing the air of tensions between the police and the public, (2) giving the public greater .;confidence enoinfits police,lic(3) giving the police a certain amount of ps and unfounded complaints. In order to assess the effectiveness and efficiency that review boards havehad, in -Meeting these objectives,it-rtiay,be enlighten- ing. to , view civilian review boards from' a .historical perspective. Review panels of varied authority and composition were established in several cities,. including Washington, D.C.`,,Philadelphia; Pennsylvania; Minneapolis,. Minnesota; York, Pennsylvania;.Rochester, Nevi -York; New York City; New Haven,.Connecticuit and`Indianapolis Indiana. Critics of review boards assert that the fact that most of the above boards are no longer in existence, can fairly beconstrued to indicate that they failed to accomplish the purposes forwhich they were established. Some information aboutthe possible efficiency of civilian review boards can be gained from the boards which operated forvarying periodsof time. Most of this information comesfrom the Philadelphia and New York City boards. The Philadelphia board, one of the first established in the United States, was created in1958 by executive` order of the mayor. During the board's eleven (11) years of existence• it was plagued by significant public controversy and extensive litigation. The legal battles that ensued resulted in the board being restrained. from scheduling hearings fora period of two anda half years which, along with other factors, ultimatelyled to its demise. The litigation that resulted from this controversy continued to rage long after the board was abolished by executive order of the mayor in December of 1969. The last appeal going to the United States Supreme Court in the case of Rizzo v. Goode (19 S.Ct. 598) which was not handed down 'until January 1976. Comparisons between the Philadelphia Police Advisory Board and the Philadelphia police department's internal Police Board of Inquiry, that operated during the same time period, indicate that the Police Advisory Board was less effective in adequately pro- cessing citizen's complaints and that recommendations for discipli- nary action were fewer and more lenient than when the internal Police Board of Inquiry conducted the hearings. The controversy surrounding the New York City Review Board is al- most legendary. The board, created by executive order of Mayor Lindsey in 1966,.resulted in policelabor union sponsored legal attacks which were successfully defended by the city. What the union lost in the courts it gainedat the polls. The Police. Benevolent Association launched.: a campaign and gathered the re- quired signatures to -petition for a, referendum on the subject. A political battle ensued between the opponents of civilian review, who organized`in`a coalition called the "Independent Citizen's Committee. Against Review. Boards", which was dominated. by the Police Benevolent Associationand the supporters of civilian review who organized into the "Federated Associations; for Impartial Review" (F.A.I.R.) which was directed largely by the New York Civil Liberties Union. In the subsequent election thevoters of New York by 63% of the vote, chose to disband the Civilian Review Board. The past experience of other cities indicates that the success of civilian review has been marginal at best, in improving "p ce community relations, reducing police misconduct,.extending avenues of citizen redress for felt grievances, .eliminating "undesirable police practices` and weeding out unfit police officers. A considerable amount of national attentiOfl was focused onrthe issue of police civilian review boards in the past. As ault of this, several studies were undertaken. The findings of the President's Commissionof fiLaw Enfor ce ementpant: Administration of Justice were published i The Police (1967). This report states that the commission does not recommend" the establishment of civian complaint review boards in jurisdictions where they do not exist. The American Bar Association, indrafting its Standards Relating to the Urban.: Police Function :;"found that independent police review boards were never able to achieve their purpose. It should be noted that both the President'sion ComAdvmission ory on Law on Enforcement.and the American Bar Associa the Police Function recommended strong internal administrative procedures for 'review of police misconduct. It should also be noted that both the International al Association n of Chiefs of Police and the Dade County As oppose Ciefs of Policehave' passed resolutions which vigorously.. ment of civilian review boards. The preceding review of the history and controversy surrounding the issue of civilian review boards my abe interesting and informa- tive but it does not answer the question - should the City of Miami experiment with a police civilian review board? °'" The goal of both internal:review procedures and civilianreview provide boards is to insure. the proper police conduct: and to" p roo An adequate redress to citizens in��rmining whiche event of 1ofethese twoCmethods t. appropriate starting point in de would best serve the citizens_ of Miami would be to look at our present internal review system. The Internal Security Unit of the department is an independent. investigative '_unit :which operates directly out of the Office of the Chief of Police. The unit receives and reports, every complaint that is lodged by a citizen with it. These complaints can be given over the phone or. in person, and procedures are established sothat complaints may also be filed during non -office hours, 24 hours a day -.seven days a week. After a complaint is received itis assignedto ets anserious in nature. Internal Security investigator or,to a sup (Discourtesy, etc.) After the investigation is completed the complainant is notified of the investigator's findings and whether the complaint is, sustained or not. The investigation is then forwarded to the Chief of Police who reviews it. If the allegation is sustained he` for- wards it for review and recommendation by the accused officer's supervisor and commanding officers. Upon review, disciplinary action is recommended,' if appropriate, this is then forwarded up through the chain of command where it is further reviewed. If the officer disagrees, with the results of the investigation or the disciplinary action hemay request a Department Disciplinary`. Review Board Hearing. The findings and recommendation of this board are forwarded to the Chief of, l Police who can accept or not acceptits findings and recommendations. The Chief then has action. the final responsibility` for taking The employee has the= Civil Service Board. The positive aspects. 1) All complaints investigated. right of 2) The complaints investigators. discipl inary to appeal disciplinary action to the this system, which make it effective are: from citizens are accepted and are investigated by professional. 3) The 'complainant is informed of: the ,,investigator '.S .. finding °and if his complaint is sustained or not sustained. 4),The disciplinary process is placed at the supervisory and command level, where it belongs. 5) The ultimate responsibility for departmental conduct is with the Chief of Police. It should also be pointedout that, if a`citizeisdoessatisfish not wisto file a complaint. with the. Police Department or with the department's findings that other Atgencieciessarefava,lable. Among these are the F.B.I. and the State the cornplainant`mayin many cases file acivil action in or federal court. I would like to further point out that Civil Service cRRule l XVI t § 1(b)``provides that ,any citizen may make a the Civil Service Board and that the board has the authority to investigate and take action. Havingreviewed the internal review procedure that the headepartment out some of t utilizes I:would like to point ns that could result from attempting to implement a civilian review board. First, inherent in many; forms of review boards are. numerous legal problems. As I pointed out earsierverxtensiVeanlrev atew board, n has resulted from implementing;almo Y and in manycases this litigation has been the factor that eventually led to . disbanding of many boards. One example of a legal limitation that could oeffe tielvelystaobstruct a board is the ability of the review . board P ements from police officers. Police officers have the same constitutional right against self-incrimination, enjoyed by other citizens, which they could assert at..a board heari. fficersnrefusedetoltestify at hearings. boards have failed simply because the:: police o problems could result, depending on the Other significant legal type and authority of the board adopted. Among these are conflicts with: Apart the provisions of the labor contract between the F.O.P. and the City - the Civil Service Rules. -- the City Charter and Code. - State law - the so called Police,Officers Bill of Rights. from these problems, which, with enough tim litigation and • money possibly could be resolved, the affect of attempting" to impose "a civilian review board within the City of Miami would have other, far more undesirable effects. Attempting to impose a civilian review board on Miami would result in polarizing the community: andwould seriously harm police/ communityrelations that have been developed through various innovative programs. It would further result in demoralizing our police officers lead to eventual labor relations problems.; This, of course, would inevitably be followed by the long and expensive ligigation that rarely solves the important problems. I cannot overemphasize the degree of concern which the law enforce- ment community has towards the establishment of civilian review boards. The Issue transcends the traditional relationship between police management and police labor organizations. Locally both the Dade County Police Chiefs Association and all police -labor organizatioflS are opposed to review boards. The reason for the failure of most civilian review boards i this country has been the vehement opposition by the police to their existence. The most glaring example is that of the New York board, which as a result of a Police Benevolent Association, sponsored referendum was disbanded by almost 2 1 vote of the citizenry. In Summary: The internal review procedure that we currently use, though not a panacea, serves the community "and the department well, and provides the individual citizen with. an adequate: remedy for his complaints of police misconduct. The creation of a police civilian review board would be met by stringent opposition that would polarize certain segments of the community and the police and would also lead to significant legal and labor problems. After we weathered all of that - if past performance of civilian review boards is any indication - the result would be an *ineffi cient and ineffective citizen complaint` review procedure. The Chief of Police has the responsibility of maintaining discipline and integrity of the Police Department. No matter what review process is utilized, the ultimate'responsi- bility lies with the Chief of Police.. The citizens of Miami have the right to hold their Chief accountable for the good order and discipline of the department. With this in mind, the relevant issue is not whether civilian review: boards are good or bad, or whel±er they can work or not, but rather - would a civilian review bardomore eteffeandctivelyiaachieve our objectives of insuring properpolice adequate redress to citizens in the event of police misconduct,. than our, present procedure of internal review? FROM: r a 17 Joseph`R..Grassie Clty �ar KenAeth I. IHarms Chief of Police CITY OF 1.11A`•tl. FLORIDA INTEROFFICE 2,1EMORANDUM ENCLOSURE!: 'L 3-3 I have in the past, publicly taken; the position : that a strong ..efficient internal administrative review is the most effective ande� method of processing complaints of police misconduct This posi- tior_ is consistent with the recommendations of both the President's Enforcement and Commission :on Law B the American Bar Association Advisory Committee on the Police Function. My feelings onthe ee t pio of ci viliarn review are 'generally reflected in a position paP h I have enclosed. Recognizing, however, that the issues of Police Civilian "Review Boards has experienced';renewed .interest in the :community, it seems agpropriate that . I identify significant problems that , may arise in i_mnlementing: a board and offer recommendations concerningthe structure ofsuch a board, if one is to be created. The problems that could be encountered In implementing a Police Civilian Review Board are contingent upon the nature of the review process attempted. A system of civilian review; that provides for a de novo hearing of the facts would raise several legal obstacles that could be _difficult to overcome., First, and of primary importanc�, is the fact that though officers , might`; be required to attend .a civilian review board hearing, they cannot be required to testify;" at the hearing. This is due to the fact that the officers may exercise their Fifth Amendment consti- tutional"rights against self-incrimination. Similar protection is also afforded by the ':PoiicemensBill of Rights" and contractual agreements between the City and the Fraternal Order of Police. An additional legal problem, one that could significantly impact on any authority granted to a Civilian, Review Board to recommend or disciplinary action " against officers, is the authority of the. take a Civilian Civil Service Board. to review"any actidn taken. ^Thus,. F Boardmost likelynot be" able to effectively hold Review � would. _ fact finding hearings or actually impose any discipline upon officers. In lightof these' constraintson the authority of a Review Board, it would >seem that the only viable civilian" review` procedure would Joseph A. Graasia .» 2 «1 r t review compl.ints a.Cter 'th.dy have ::)sen o�r one 3tctur.� .� proc essed through the >`established 3.,�►t, r• . review t�.rdCe3tlU.x+s'S. This r.evisw could take; place: r action was Y:.a-.en, at :a conclusion �. If, no disciplinary the t:��z�� Cis Police* the investigation ark,: zeviaw by emit loyee313 o a 7•'`s disci p1=z`'"''Y ` action 3.a �.aksn, a per '.the ar..)pea.I:eriod ii.. no appeal i,s taxen) . if an . appeal is taken to t....ho Civil SQr.13..co .-ali:ter that, n 3wnyearinprior o a, r.inal r3a,�r .-Ina�ion p! hande ;.he C . 411 ,ye.:. ;j 31; 0 `w"t/ :;j1' would seem e s�:3o ject arcla ina livac3 as 71Juir ZVVrJois •,� the as'aab isl3d method �39a:,.Xint� Civil State law and/ocontractual .:. i �Jir `�3 :3�.JZ� N,. : or ; . 'ca.; rya �i �ta� �.iYl ,1 : espi sloi:a .;sir .:sus z;iy I:nal; ' ' cow— . rY� R2 x dry . *9i�LL.+� . Je! y and the sa.'J SC7Ja ? 3t lain had b+:e�xo •�r? 4 asa a-d ;: ;at > }t�; Int•srna3, review � L' an• :.�ha �:CF"ia'cA11Yll '� ;tOtts.:+ a :� 3 11 ;t1a t� pN. olice ,zYocsss has.. zat beenc;�.-u:;r:u�e. ��l�.a sc«+i�.nt�. i j .iacond not had been hidden,2..osa 1i3 �3YS �:.e<11L8 -iioul& meet, least. z--esi3tanCf zrom the i:--,'t 1''•r9 ram . • l �: jai {fib 3:aC1a3. law tinf.crr-ement cominunit,r, would ...rol and 4z,:cl= depart. e11i. CCU1,tt ± .nCt=.CS3 -L a r ecta.val.:l WI t;1 1 tw gith ?'. establish i .s aredibi- it { ,i rll the cotraiiun ti , law . o, ;:n,at. the arc bershi.? of ; oar onoraerxln:w, it�sanri.a�. �. .-..uariu r�r:sa-�asa~:f.o�sa.�► di Wn s� ' esiab.l].9ha<- i CtZ 1u.ni�.Y ro ; :c:�a:d should. i.ciudei :' s;i la :: ox the Lomsauni t! i : r..0 r. i�'.1. .: ,1t3 Ga1:i.mber • Corzraer. ce or 1lOwT2 ;:CW11 , taVels.)ccWhc. AU thOr tni t7osaph i.GI:a:431a 3 1E4 representative ot the Cotassuni.y Action Ivjeac7 The Criminal austice Planning Counsel has undertaken a project to iltudY mathodi or CLiZIreview ot the entire Crirai:nal Zrustioa system. Their work nay be usetul in determining it Civilian Revi4w would be ot value to the city 011 mix:tie it