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HomeMy WebLinkAboutMemos - CIPCIVILIAN INVESTIGATIVE PANEL To: The norable. ay • -n•r Members of the City Commission From: Caro i , Actin • x cutive Director Date: August 15, 2011 Subject: City of Miami Civilian Investigative Panel 2011-2012 Budget Proposal RECOMMENDATION It is respectfully requested that the City Commission consider and adopt the attached budget proposal in the amount of $464,000.00 to be presented by the Civilian Investigative Panel at the September 2011 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 swom 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 The CIP submits the attached FY 2012 budget proposal in the amount of $464,000.00 for adoption by the City Commission. Under the CIP's FY 2011 structure, the CIP received a budget appropriation of $464,000 and was staffed with the following three staff positions: one investigator who functioned as the CIP's acting/interim director, one investigator responsible for a case load of approximately 250 cases annually and an administrative clerk who provided clerical support to the office. The functions of Independent Counsel are set forth in the CIP Ordinance. With the reduction in the CIP's work force, Independent Counsel assumed additional responsibilities to include policies and procedural reviews and administrative oversight. For FY 2012, the CIP proposes the addition of one investigator and one investigator/policy analyst to the existing staff so as to counter the current trend whereby the number of cases received by the CIP for investigation exceeds the number of cases the CIP is able to close in the same period, with only one investigator. The investigator/policy analyst will also be tasked with the review and research of police policies and procedures. It is further proposed for FY 2012 that the acting/interim director position and responsibilities will be merged with investigations and re -titled to the position of Chief Investigator/Administrator. Independent Counsel will continue to provide support in the administration of the office. With an anticipated increase in new cases to include several high profile police -involved shooting incidents and concems related to MPD policies and practices, the CIP under this proposed FY 2012 structure, will be better equipped to more closely focus on investigations and policy review. The CIP proposes for FY 2012 these positive and necessary changes, at the FY 2011 funding level. CIP FY 2011 ACCOMPLISHMENTS The following is a summary of the CIP's accomplishments during FY 2011, Provided Excellent Customer Service Opened and maintained a case load of 221 cases of alleged police misconduct. Of the cases received for investigation, 37 were directly filed with the CIP. Conducted 149 investigations or reviews of alleged police misconduct. 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. Reviewed and analyzed 25 proposed revisions to Miami Police Departmental Orders. Provided the policy and procedural as well as case recommendations/concerns to the MPD. Notifications and recommendations included: • Notification/Alerts on officers being monitored by the CIP due to accumulation of complaints or incidents that exceed thresholds set by the CIP. Alerts are again generated and provided to the MPD as officers on the Monitor List accumulate additional complaints. • Incomplete MPD/IA case files where key documents necessary to thoroughly investigate a complaint is not in the case file or readily obtainable from the MPD. • Incomplete/deficient IA investigations. • Failure of IA and/or other MPD staff to promptly respond to CIP records requests. • MPD/IA's failure to require a principal officer to submit to DNA testing in a case involving an allegation of intimate contact by a male officer with a female detainee. • Renewal of recommendation for dashboard cameras in police vehicles. • Repeated incidents noted of officers' failure to complete Response to Resistance (Use of Force) Reports. • Lack of oversight, accountability, reporting and control in task force and inter -agency operations. • Failure of officers to routinely notify Department of Children and Family in cases where domestic violence occurred in presence of child. The CIP recommended re- acquainting officers with requirements and procedures for handling Domestic Violence cases. • Failure of officers to follow protocol (notification, approvals and documentation) for release of a -subject after conducting an arrest. • Recommendation for re-training of officers with repeat violations. • Cases where Internal Affairs investigation failed to address an allegation or interview witnesses that may have provided additional, necessary information. • Failure of officers to provide names or identifying information when requested. 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, meeting minutes recruitment information and applications for membership are also made available on the website. Conducted two recruitment efforts for new Panel members. Five nominees were selected and their names forwarded to the City Commission for approval. Three new members were approved with the remaining two nominations pending approval. 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. Underwent an FY 2010 independent audit of its 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. The CIP was commended on its fiscal accountability and responsibility as wet as realizing its goals despite reduction to its workforce. . Provided Employees with Key Information Identified and provided to CIP staff and Panel. Members, City offered/in-house training opportunities. Panel Members and staff have attended or will attend, before the end of the fiscal year, required training in Ethics, Govemment in the Sunshine Law, Civilian oversight of law enforcement and the Miami Police Department's Citizens' Police Academy. GOALS FOR FISCAL YEAR 2012 • To continue to seek means of achieving operational savings while retaining quality service delivery. • To exceed its FY 2011 rate of completion for case intake, reviews and investigations of police misconduct complaints with one additional investigator and restructuring of responsibilities. • To complete investigations within 120 days 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 Panel 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 Govemment in the 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 an efficient 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 concems regarding information contained in this report, please contact the CIP Acting Executive Director/Investigator Carol A. Abia at (305) 960-4950. CAA/ Enclosures CIVILIAN INVESTIGATIVE PANEL To: From: Date: Subject: City of Miami Civilian Investigative Panel 2011-2012 Budget Proposal Enclosures: 5 Jo ny Martin , P.E., City Manager A. Abia, Interim Executive Director August 15, 2011 Attached for your information is a revised Civilian Investigative Panel FY 2011 Proposed Budget request in the amount of $464,000.00. This matter is scheduled to be heard by the City Commission at Budget Hearing(s) scheduled for September 2011. For additional information, questions or concems regarding information contained in this report, please contact the CIP Interim Executive Director Carol A. Abia at (305) 960-4950. CAA/ FY 2012 Indep = ndent _ Counsel drriinis ratioe, ide I Litigatror tig.ti e uSupport Specialist:.. Civilian. Inv. Panel (CIP) Proposed FY 2012 Detailed Salaries & Operating Salaries & Employee Benefits: Salaries Taxes Ind. Counsel* Non-Empl/Contract $132,000.00 Exec. Director Frozen Asst. Director/Actg. Dir Frozen Administrative Aide II Frozen Administrative Clerk Existing $31,370.00 $2,400.00 Research Analyst Frozen Chief Investigator/Admin. Proposed $85,844.00 $6,570.00 Investigator Existing $52,914.00 $4,050.00 Investigator Existing $49,023.00 $3,750.00 Investig/Policy Analyst. Proposed . $49,023.00 $3,750.00 Salaries $268,174.00 Taxes: $20,520.00 Operating (Less Salaries & Tax): $175,306.00 Total Budget: $464,000.00 * Contract Position funded in Other Contractual Services Line Item {Ippvzo12PROPOSED BUDGET AT$464,0V0 zozz adopted 2012 pmpn,cd www TOTAL BUDGET *81000 464.000.00 464,000.00 om - Tmx|So|n,ies/Taxes 178'810.00 288,69*.00 Total Operating 285'190.00 os'sosoo 489900 0.00 ` 511000 0.00 SALARIES 512000 166,236.00 268'176.00 81% See attached Salary Chart reflecting essential changes mstaffing mmore keenly focus nn the C1P'sprimary functions ofinvestigation and policy review. uuproposed that some nf the functions currently being performed by the Interim Director be transferred to the Chief Investigator/Administrator position with responsibility for conducting investigaticis as well o,administering personnel, finance and budget matters. Further, that anInvestigator/Policy Analyst position /screated mperform investigations and conduct police policy reviews and research. In addition to functions outlined in the Ordinance, Independent Counsel will also oeresponsible for general office administration. All functions mthe current Interim Executive Director will therefore beabsorbed bvthe Chief mv/Auminposition and Independent Counsel. (Compensation for Independent Counsel remains the same and is reflected and computed under line item "Other Contractual serwces.^) szsmm 0.00 sz«noo 0.00 515000 ouo ` CAR ALLOWANCE 516000 SOCIAL SECURITY cnmrn/. 521000 12,574.00 20,518u0 sam Per established formula. szzmm 0.00 523000 0.00 524000 0.00 nzsono 0.00 531000 0.00 531010 mm 531020 unn ' AccoowTImG/Aumnws ssa000 12,500.00 12,5bmoo 0*m Increase ispursuant mcurrent contract with accounting firm Harvey, Covington &Thomas conduct the c/P'sp/zou/financial audit. 533000 0.00 p/zoz2Contracts: Ind. Counsel $zszx; Lemswexislegal research estimated at a.4x;xccvnntfor locator searches est. $zsK; Malpractice. Ins. est. $a.3K;Cost of custodian/bidg.maintenance services (cleaning of floors, dusting, garbage removal) for CIP ornm,' estimated at $rsper week xsu°eeks=$4,mm. Pest Control services apnmx$z* CIP FY 2012 PROPOSED BUDGET AT $464,000 TRAINING/PARKING 540000 4,172.00 4,500.00 8% Increase in funding is to be used consistent with the CIP Ordinance for mandatory training of Panel Members and staff. The CIP is expected to start FY 2012 with approximately 5 new members and will replace an additional 5 by the end of the year. Training in civilian oversight is offered thru the National Association for Civilian Oversight of Law Enf. will be done incrementally. Site for the 2012 training conf is to be determined. The proposed budgeted amount is for 2-3 members depending on the conference site. COMMUNICATION SERV. 541000 300.00 300.00 0% Estimated $25 monthly for Investigator's cell phone usage. POSTAGE 541100 650.00 650.00 0% Based on FY 2011 usage and anticipated increases. 543000 0.00 RENT [BUILDINGS/OUTSIDE] 544000 108,900.00 2,500.00 -98% For annual Lease of a Copier/Scanner. 545000 0.00 MAINTENANCE 546000 300.00 300.00 As needed maintenance and repair of office equipment no longer under warranty estimated at $300. 547000 0.00 547100 0.00 PRINTING/BINDING 547200 #DIV/0! No allocation proposed. As a cost saving measure Annual Rept will not be bouneded- electronic copies and in- office printing only. The CIP will also utilize the services of GSA where necessary and allowable. 1547300 0.00 548000 0.00 ADVERTISING 548100 6,102.00 2,400.00 -61% Advertising and public notices for CIP meetings, hearings and membership recruitment in English, Spanish and Creole and in newspapers of general circulation. Estimated cost for advertising twice in Eng., Spanish & Creole media re meetings/vacancies. Est $1200 per instance. OUTREACH 549000 4,250.00 2,100.00 -51% In FY 2011 the CIP reached out to neighborhood organizations in the 5 Commission districts to encourage interest in volunteering for service on the Panel. The CIP expects to continue this effort in 2012 to fill remaining vacancies. Outreach efforts in 2012 is also expected to include workshops and special meetings to inform the community on CIP services, when & how to file complaints, proactively engaging the community and addressing citizen concerns, etc. Community (public) meetings after 5:00 PM and occuring outside of City Hall may be recorded by GSA at a cost of approx. $750 per 2 hr. meeting. Printing of Informational brochures in English, Spanish and Creole are estimated at $600. OFFICE SUPPLIES 551000 1,016.00 1,056.00 4% Based on FY 2010 usage. 552000 0.00 552010 0.00 552100 0.00 552200 0.00 552300 0.00 553000 0.00 554000 0.00 559000 0.00 661000 0.00E CIP FY 2012 PROPOSED BUDGET AT $464,000 662000 0.00 663000 0.00 664000 0.00 MEMBERSHIPS 666000 450.00 600.00 33% For Payment of Professional Memberships: NACOLE organizational and one individual membership ($450) & Assoc. membership & subscription for Intl assoc of Chiefs of Police (approx.$150.00) . All other memberships/subscriptions have been cancelled. 667000 0.00 668000 0.00 670000 0.00 771000 0.00 772000 0.00 773000 0.00 881000 0.00 882000 0.00 883000 0.00 891000 0.00 892000 0.00 895000 0.00 896000 0.00