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HomeMy WebLinkAboutCIP Budget Proposal MemosC I P CIVILIAN INVESTIGATIVE PANEL To: T Honorab e M r nd Members of the City Commission 1 From: - i cting xecutive Director t Date: August 13, 2010 Subject: City of Miami Civilian Investigative Panel 2010-2011 Budget Proposal Enclosures: 3 RECOMMENDATION It is respectfully requested that the City Commission consider and adopt the attached budget proposal to be presented by the Civilian Investigative Panel at the September 2010 Budget Hearing(s). CIP BACKGROUND Following a voter referendum in November 2001, the Civilian Investigative Panel (CIP) was created in 2002 under Chapter 11.5 of the Code of the City of Miami and Ordinance No. 12188 ("Ordinance"). The referendum, which was approved by over 76 percent of the electorate, was in response to the demand of the citizens of Miami for independent civilian oversight of the sworn police department by an agency with subpoena power, and comprised of a professional staff, including an Independent Counsel. The Ordinance called for a thirteen member panel to include an appointee of the Chief of Police. All members serve on a volunteer basis. The purpose, powers and duties of the CIP are as follows: • To conduct investigations, inquiries and evidentiary hearings into allegations of police misconduct. • To request issuance of subpoenas for the purpose of obtaining evidence from witnesses, production of documents etc., after consultation with the State Attorney and CIP Independent Counsel. • To make factual determinations, facilitate resolutions and propose recommendations to the City Manager and Chief of Police. • To review and make recommendations regarding the Miami Police Department's existing policies and procedures, including training and recruitment and provide input to the Chief of Police prior to implementation of new or revised policies and procedures. • To issue reports to the Mayor, City Commission, City Attorney, City Manager and the Chief of Police. • To conduct regularly scheduled public meetings and to convene special and emergency meetings and public hearings as necessary. The CIP is further required to submit annually, for City Commission approval, a budget request pertaining to its functions, to cover expenses during the execution of its duties. BUDGET REQUEST In response to requests from the City Administration that FY 2011 budget proposals reflect reductions, the attached proposal in the amount of $440,800 is submitted for adoption. This proposal reflects a 5% reduction from the previous year's budget. From FY 2009 to present, the CIP has undergone a series of significant reductions to personnel, salaries and other operating costs. Staff size over the last two years has reduced from nine to three employees. (This is in addition to Independent Counsel who is retained on contract.) Under a 5% reduction as proposed for FY 2011, the CIP will retain its three employees comprised of two investigators, one of whom is responsible for the management/administration of the office and the other for review and investigation of complaints. An administrative clerk provides clerical support to the office. The functions of Independent Counsel are as set forth in the CIP Ordinance. Independent Counsel has, since October 2009, assumed the additional responsibility of reviewing all submitted MPD proposed policy and procedure revisions as a result of the loss of the CIP's research and policy analyst due to workforce reduction. In so far as the CIP's FY 2011 proposed Operating costs, not including salaries and fringes, the overall reduction is approximately 1% compared to 11% reduction to Salaries. The increases to Operating line items are attributed to contractual agreements and Training, Advertising and Outreach. The latter three line items were unfunded or unexpended in FY 2010 as a cost saving measure but with the FY 2011 anticipated and overwhelming turnover in Panel membership due to term limits and recent Commission approved ordinance revisions, the CIP will be required to conduct extensive community outreach, advertising and training to implement and meet the mandates of the newly revised Ordinance. CIP FY 2010 ACCOMPLISHMENTS The following is a summary of the CIP's accomplishments during FY 2010. Provided Excellent Customer Service • Opened and maintained a case load of 235 cases of alleged police misconduct to date (August 12, 2010) and projected to reach a total minimum of 250 by the end of the fiscal year. This represents almost 80% of cases opened in FY 2009 by three investigators but accomplished in FY 2010 by one investigator, assisted by Independent Counsel. This feat was realized through dedicated and committed Panel and staff members working together, tirelessly and consistently, to maintain high quality and quantity service. • Conducted 152 investigations or reviews of alleged police misconduct to date and projected to complete an additional 12-15 cases for a total of approximately 165 by the end of the fiscal year. This represents approximately 44% of cases closed in FY 2009 by three investigators. Again, it proportionally exceeds the FY 2009 case disposition per investigator. Again, as above, this feat was realized through dedicated and committed Panel and staff members working together, tirelessly and consistently to maintain high quality and quantity service. • Successfully defended against two Court challenges to subpoenas issued by the CIP to compel testimony. • Submitted monthly reports on investigations and recommendations to the Chief of Police, City Manager, Mayor and City Commission. • CIP staff reviewed and analyzed 41 proposed revisions to Miami Police Departmental Orders. and submitted summaries and commentaries to Panel members. The number of Policy revisions conducted in FY 2010 exceeds by 41% the number of revisions received and reviewed in FY 2009. • Policy and procedural as well as case recommendations/concerns sent to the MPD include: 0) Four additional officers were added to the CIP Monitor List in FY 2010. Officers are added to the Monitor List when they accumulate complaints or incidents that exceed thresholds set by the CIP. They are again flagged and alerts sent to the MPD as they accumulate additional citizen complaints and/or disciplinary actions. Cases where Internal Affairs investigation failed to address an allegation or interview witnesses that may have provided additional, necessary information. Instances wherein Internal Affairs closed several cases as voluntarily withdrawn by the complainants, however, several of the complainants denied to the CIP that they voluntarily or knowingly withdrew their complaints. The investigating officer has been transferred from internal Affairs. Failure of officers to provide names or identifying information when requested. Failure of officers to complete required Use of Force Reports. Failure of officers to complete Incident Reports. Searching of Detainee(s) by officers of the opposite sex when a same sex officer is present and available. Recommended review and possible revisions to MPD policies, procedures and/or practices pertaining to recruitment and retention of officers who reveal disciplinary problems during basic training and/or probationary period. Re -acquainting officers with requirements and procedures for handling Domestic Violence cases where the violence occurs in the presence of minor children. Facilitated Service Access for Customers • Engaged in outreach activities to include attendance at community meetings pertaining to police involved shootings and violence in the Overtown and Liberty City areas. • Provided complaint forms and brochures in English, Spanish and Creole and made available to the public at all Neighborhood Enhancement Team (NET) offices, Miami Police stations, at the CIP office and on the CIP website. • Updated the CIP website at least once monthly, offering a wide array of information and allowing for on-line submission of complaints. Surveys, annual reports, tri -lingual complaint forms and brochures, upcoming meetings and meeting minutes are also made available on the website. • With the CIP's recent relocation of its office, all CIP complainants, vendors, affiliate and associate organizations were notified via mailings, telephone communication, media advisory and CIP website. The CIP's new location remains central and easily accessible. Achieved Operational Savings The CIP has been diligent in its efforts to cut costs and achieve operational savings while maintaining quality performance and productivity levels. Savings have been achieved through reductions in salaries and operating expenses. The salary of the Executive Director was reduced in FY 2009 from $155,845 to $135,000. In FY 2010 the CIP decided to freeze the position of Executive Director and assign the duties to the former Assistant Director whose position was rolled back to Investigator and at a reduced annual salary of $85,844. Independent Counsel position also underwent a 25% reduction in FY 2010. Additional reductions to salaries are being considered for FY 2011. The CIP will also realize a savings with the relocation of its office to a city -owned and operated building. Underwent FY 2009 audit of financials and received an audit report indicating that the CIP's basic financial statements fairly represent the financial position of the CIP and that operations were in conformity with general accounting principles. There were no deficiencies identified insofar as the CIP's internal controls over financial reporting. Additionally, the auditors commended the CIP on its fiscal accountability and responsibility as well as realizing its goals despite reduction to its workforce. In addition, the CIP returned funds in the amount of $58,795 through restriction on out-of-town travel and training; changes to visitor parking policy, changes to investigator cellular telephone plans and software licenses used for data searches. The CIP also avoided costs for printing and binding of reports by providing electronic copies and in-house printing of unbound copies. Provided Employees with Key Information • Identified and provided City offered/in-house training opportunities for CIP staff. GOALS FOR FISCAL YEAR 2011 • To continue to seek means of achieving operational savings while retaining quality service delivery. • To maintain or exceed FY 2010 rate of completion for case intake, reviews and investigations of police misconduct complaints and submit timely recommendations to the Chief of Police, City Manager, Mayor and City Commission. • To review MPD existing and proposed revisions to policies and procedures with continued timely recommendations submitted to the Chief of Police, City Manager, Mayor and City Commission. • To ensure required district/geographical representation and diversity on the CIP staff and membership. • To develop CIP employees' and volunteer members' knowledge base and skills through training in specific target areas to include customer service delivery, ethics, Florida Sunshine law, other legal issues, community relations, communications, investigation and oversight, information technology, research and analysis. • To further advance the CIP mandate to structure and improve outreach projects and customer service through the process for intake of complaints, regular public appearances and presentations, regular update and development of the CIP website and effective information, publication and direction to CIP services. For additional information, questions or concerns regarding information contained in this report, please contact the CIP Acting Executive Director/Invesigator Carol A. Abia at (305) 960-4950. CAA/id M C I P CIVILIAN INVESTIGATIVE PANEL To: Carl igoya, City Manager From: Caro ia, cti x cutive Director Date: August 13, 2010 Subject: City of Miami Civilian Investigative Panel 2010-2011 Budget Proposal Enclosures: 4 Attached please find the Civilian Investigative Panel's Fiscal Year 2011 Budget request for presentation to the City Commission at the Budget Hearings scheduled for September 2010. Your assistance is requested in placing this item on the Commission agenda. C: Elvi Gallastegui, Agenda Coordinator