HomeMy WebLinkAboutCIP CCMemo 05-12-2011CITY OF MIAMI
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
From: Priscilla A. Thompson
City Clerk
Date:
Subject:
References:
Enclosures:
April 27, 2011
Civilian Investigative Panel
May 12, 2011 Agenda
List of members, Nominees
Applications and Resumes
The Civilian Investigative Panel (CIP) was established to: (1) act as independent civilian oversight
of the sworn Police Department; (2) exercise its powers so as to not interfere with any ongoing
investigations and conduct its activities consistent with applicable law, including the Florida
Government in the Sunshine Law and with applicable law and labor contracts; (3) make written
recommendations related to the Miami Police Department policies and procedures concerning but not
limited to training, recruitment and notification system for corrective disciplinary procedures and
provide input to the Chief of Police before changes in police depaitinent policy or procedure are
implemented, which proposed changes shall be transmitted to the CIP 30 days prior to implementation
except if an emergency requires such change; (4) engage the services of trained investigators and
secure adequate training for its members, including training in police policies and practices; (5)
conduct investigations, inquiries and public hearings to make factual determinations, facilitate
resolution and propose recommendations to the City Manager and Police Chief regarding allegations
of misconduct by any sworn officer of the City of Miami Police Department; (6) request issuance of
subpoenas, after consultation with the State Attorney of the Eleventh Judicial Circuit, (Miami -Dade
County) and approval of CIP Independent Counsel, for the purpose of obtaining evidence from
witnesses and production of books, papers, and other evidence, which subpoenas shall be signed,
served and enforced pursuant to applicable law, provided that no immunity be conferred by the CIP;
(7) enhance understanding of the process of submitting, processing and responding to citizen
complaints regarding misconduct by police officers; (8) issue reports to the Mayor, City Commission,
City Attorney, City Manager, Chief of Police and the public; (9) make recommendations as to the
disposition of alleged incidents of police misconduct, to which the Police Chief is required to respond
in writing within thirty (30) days; (10) forward complaints alleging criminal activity to the City of
Miami Police Department and other relevant agencies; (11) promulgate rules and procedures for
internal governance and standards for training of CIP members and staff.
As per ordinance 13186 (Sec 11.5-28), effective July 24, 2010, the CIP shall consist of 13 members
who shall reflect the racial, gender, ethnic, religious, linguistic, sexual orientation and cultural
diversity of the City of Miami. The membership shall include at least two members from each of the
five City of Miami commission districts who permanently reside in, own real property in, or work or
maintain a business in, each of those districts. The City commissioners shall select ten (10) members
and the mayor shall recommend two (2) members from the names submitted by the CIP nominating
committee and the Chief of police of the city shall appoint one (1) member. Pursuant to Sec. 11.5-28
(g) No CIP member shall serve more than six consecutive years on the CIP.
Eleven (11) appointments are required at this time:
• Mayor Tomas Regalado has two (2) recommendations to be made exclusively from the
nominations submitted by the CIP nominating committee.
• Commission -At -Large has nine (9) appointments to be made exclusively from the
nominations submitted by the CIP nominating committee for seats currently held by:
1. Fred St. Amand, incumbent, whose term expired 2/7/2010.
2. Rodolfo H. De la Guardia, incumbent, whose term expired 2/7/2010.
3. Thomas Cobitz, incumbent, whose term expires 10/10/2010.
4. Thomas J. Rebull, incumbent, whose term expired 2/7/2010.
5. Timothy C. Moore, incumbent whose term expired 5/25/2008.*
6. Bess McElroy, incumbent, whose term expired 1/25/2008.*
7. Brenda B. Shapiro, incumbent, whose term expired 2/7/2010.
8. Janet McAliley, incumbent, whose term expired 4/13/2008.*
9. Michelle Delancy, incumbent, whose term expires 10/10/2010.
10. Susan L. Weintraub, incumbent, whose term expires 9/10/2010 has exceeded the
number of allowed absences (6 in 2010, 4 in 2009) and would require a 4/5th waiver of
attendance.
11. Vacant.
The CIP has nominated the following individuals for ratification by the Commission. Vacancies
(other than the position to be filled by the Police Chief') in the membership of the CIP shall be filled
by the Mayor and Commissioners exclusively from names submitted to it by the CIP.
1. Alvin Bullard, District 5, proposed to replace incumbent Rodolfo H. De la Guardia.
2. Ducosse Delva, District 5, proposed to replace incumbent Timothy C. Moore.
3. Daniel Suarez, District 3, proposed to replace incumbent Susan L. Weintraub.
4. Rolando Aedo, District 3, proposed to fill vacant seat.
5. Ellis Berger, District 2, proposed to replace incumbent Janet McAliley.
* This matter was deferred from the February 14, 2008, March 13, 2008, April 10, 2008, October 16, 2008, April 2,
2009, May 14, 2009, June 11, 2009, July 9, 2009, September 10, 2009, October 8, 2009, December 17, 2009, March 11,
2010, April 8, 2010, and September 16, 2010 Commission meetings.
For your convenience, we have included a copy of the nominations and the current membership list of
the CIP. By copy of this memorandum, we are requesting that the Agenda Office place this issue on
the May 12, 2011 Commission agenda.
PAT: sa
c: Maria J. Chiaro, Assistant City Attorney
Charles C. Mays, Independent Counsel
Miguel A Exposito, Chief of Police
Elvi Gallastegui, Agenda Coordinator
Carol Abia, Interim Executive Director, CIP
Thomas Rebull, Chairperson, CIP