HomeMy WebLinkAboutCover Memop CIVILIAN INVESTIGATIVE PANEL
To:
From:
The Honorable Mayor and Members of the City Commission
irley E. Richardson, Executive Director
Date: August 23, 2005
Subject: 2005-2006 Budget Proposal
Civilian Investigative Panel (CIP)
References:
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 8, 2005
Commission meeting. The proposed budget has been submitted to the Chief of Strategic
Planning and Budgeting for inclusion in the FY'2006 Budget requests.
BACKGROUND
The Civilian Investigative Panel (CIP) was created in February 2002 under Chapter 11.5 of
the Code of the City of Miami and Ordinance No, 12188 ("Ordinance"), following a
referendum in November 2001. The referendum was in response to citizens' demand for an
enhanced civilian oversight agency, with subpoena power to conduct independent
investigations of alleged police misconduct, and review the policies and procedures. Through
its oversight function the CIP serves to enhance confidence and trust in the law enforcement
practices of the Miami Police Department, utilizing its best efforts to ensure investigations are
conducted in an impartial and fair process.
The Ordinance called for the creation of a thirteen member panel to serve on a volunteer basis.
The CIP currently consists of thirteen members, twelve of whom are appointed by the City
Commission and one by the Chief of Police. All members, with the exception of the Chief's
appointment, are permanent residents of the City of Miami, or work or maintain a business
within the City. Members who served during Fiscal Year 2004-2005 include:
Larry R. Handfield (Chairperson)
Janet McAliley (Vice -Chair)
Danny Couch
Donald Bierman
Tonya Brinkley
Otis Davis
John Ruiz
Tangier Scott
Brenda Shapiro
Rudy de la Guardia (Treasurer) Richard Dunn (resigned)
Thomas Rebull (Secretary) Jaime Perez (resigned)
Fred St. Amand
Timothy Moore
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, recruitment and discipline
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,
Chief of Police and the public.
• To conduct regularly scheduled public meetings and to convene special and
emergency meetings and public hearings as necessary.
BUDGET REQUEST
The CIP's requested budget for FY 2006 is $1,134,482. This is $106,724 or 9.4% higher than
the FY 2005 budget of $1,027,758. The difference is attributed to an approximate 15.2%
increase for salaries/fringes; 8% increase in operating expenses (fixed); 3% increase in operating
expenses (variable); and 18.75% decrease in capital outlay.
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ACCOMPLISHMENTS FOR FISCAL YEAR 2005
ADMINISTRATION, STAFFING AND DEVELOPMENT:
• Completed recommended staffing levels for office with the hiring of a Chief
Investigator and Clerical/Administrative Support.
• Filled two vacant positions on Panel following the voluntary resignation of two
members and voted to re -appoint three members to serve new terms of office.
• Revised the 2004 Draft Standard Operating Procedures.
• Hired full-time Independent Counsel, responsible for providing legal advise and
counsel to staff and volunteer Panel; attending CIP regular and special meetings,
drafting and/or reviewing documents and reports of a legal or potentially legal
nature; responding to public records requests; representing the CIP at judicial and
quasi judicial proceedings etc.
• Collaborated with the National Association for Civilian Oversight of Law
Enforcement (NACOLE) and individual oversight agencies towards enhancing
Miami's model of civilian oversight and civilian oversight generally.
POLICY REVIEW & INVESTIGATIONS:
• Completed a Status Report on the Miami Police Department's preparation for
and response to demonstrations during the Free Trade Area of the Americas
(FTAA) Summit in November 2003. A Final Report is to be completed in the
first quarter of FY 2006.
• 223 cases of alleged police misconduct opened.
187 Cases Assigned for Review and/or Investigation.
115 Reviews and/or Investigations completed.
81 Cases presented to Panel
79 Cases closed
(Totals are as of July 31, 2005)
• Reviewed MPD Departmental Orders/Policy Revisions and submitted CIP
recommendations and comments as per requirements of the CIP Ordinance No.
12188 to the Chief of Police.
• Upgraded and pr vided staff training on a state of the art law enforcement
technology syste , (IAPro) designed to increase efficiencies in internal case
management and investigations. Software includes alert functions for early
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warning and intervention systems and provides for automated statistical reporting
and correspondence.
• Implemented the new Legistar System for the CIP's legislative, public records,
data access and retrieval processes.
TRAINING:
• Provided required training opportunities to staff and Panel members consistent
with the CIP Ordinance.
• Coordinated, as co -host and co-chair, the planning of the NACOLE 2005 annual
training conference to be held in Miami in October 2005.
OUTREACH:
• Disseminated multi-lingual CIP brochures and complaint forms to the Miami
Police Department's headquarters, sub -stations and Neighborhood Enhancement
Team (NET) offices. Forms and information are also made available to the
public directly from the CIP Office and on the CIP web site.
• Coordinated outreach activities with direct involvement by Panel members to
include two television and two radio appearances, attendance and presentations at
community and NET meetings.
• Conducted regular monthly and special CIP meetings throughout the year.
(Maintained a quorum for all CIP regular and special meetings.)
• Provided for televised CIP meetings on the City of Miami's Channel 9.
• Attended and participated in meetings of other local agencies including the
Miami -Dade County Independent Review Panel, City of Miami and Miami -Dade
County Community Relations Boards.
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OBJECTIVES FOR FISCAL YEAR 2006
ADMINISTRATION, STAFFING AND DEVELOPMENT:
• To complete the CIP's Fiscal Year 2004-2005 Annual Report.
• To review and make recommendations for changes, where necessary to the CIP
Ordinance in an effort to clarify ambiguities and address omissions.
•
POLICY REVIEW/INVESTIGATIONS:
• To complete the FTAA Final Report.*
• To implement, in conjunction with the Miami Police Department's (MPD)
Internal Affairs Section (I.A.), an integrated and automated system for receipt and
review of citizen police misconduct complaints submitted to and investigated by
MPD personnel.
• To conduct independent reviews, investigations and/or hearings regarding police
policies, procedures and misconduct complaints received directly from citizens
and/or the Miami police Department and submit policy/procedural
recommendations to the Chief of Police, City Manager and City Commission as
necessary.
*FTAA Status Report completed and published in April 2005.
TRAINING:
• To develop CIP employee skills through training in target areas such as customer
service, community relations, communication, investigation and oversight,
information technology, research and analysis.
• Ensure CIP members complete all required training and re-training consistent
with the CIP mandate and Ordinance.
OUTREACH:
• To continue to follow through on the CIP mandate to structure and improve
outreach projects and customer service through decentralized intake of
complaints, regular and proactive public appearances and presentations,
development of an interactive and user-friendly website and effective publication
and direction to CIP services.
Should additional information be required, please contact the CIP Executive Director at
(305) 579-2444.
SER/caa
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