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HomeMy WebLinkAboutCIP CCMemoCITY OF MIAMI INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission �'`- From: Priscilla A. Thompson City Clerk Date: Subject: References: Enclosures: September 28, 2011 Civilian Investigative Panel October 13, 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 department 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. Eight (8) 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 six (6) 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 on 2/7/2010.* 2. Thomas Cobitz, incumbent, whose term expired on 10/10/2010.* 3. Bess McElroy, incumbent, whose term expired on 1/25/2008. * 4. Brenda B. Shapiro, incumbent, whose term expired on 2/7/2010.* 5. Michelle Delancy, incumbent, whose term expired on 10/10/2010.* 6. Susan L. Weintraub, incumbent, whose term expired on 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.* 7. Vacant. 8. 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. Daniel Suarez, District 3, proposed to replace incumbent Susan L. Weintraub. 2. Rolando Aedo, District 3, proposed to fill vacant seat. 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 October 13, 2011 Commission agenda. PAT: sa c: Maria J. Chiaro, Assistant City Attorney Charles C. Mays, Independent Counsel Manuel Orosa, Interim Chief of Police Elvi Gallastegui, Agenda Coordinator Carol Abia, Interim Executive Director, CIP Thomas Cobitz, Chairperson, CIP * This item was continued from the May 12, 2011, June 9, 2011 and July 14, 2011 Commission meetings.