HomeMy WebLinkAboutsubmittalAppearance before the Commission 6/24/04
• I have been a member of the Civilian Investigative Panel
since its empanelment in February 2003 and as Chairmen
use this opportunity to commend all panel members on their
hard work and dedication. Panel members have committed
many hours to fulfilling the mandate given them by the
citizens we serve. As a bright, highly qualified, articulate
and diverse group of civil servants, we stand eager to get on
with our assignment.
• Getting started has not been without its pitfalls, but a
review of the experiences elsewhere revealed that other
communities have encountered difficulties in constructing a
civilian oversight mechanism, especially where there has
been some resistance from those opposed to the concept,
and/or in instances where adequate resources and funding
presented difficult and often insurmountable problems. A
little of both may have contributed to our difficulties to
date.
---� Z7 CJ3
rn CO CD
r
C7 -"
vl 77
n Ea
Z ®
c` 70
I
S -n
rn
It took a calendar year, from February 2002 through
February 2003 to create the selection process and criteria
for eligibility, advertise and interview applicants, and
eventually impanel the CIP.
Panel members received numerous hours of classroom
training on their responsibilities in a civilian oversight
organization, and were given an orientation as to the Miami
Police Department and its operations, with an emphasis on
the mechanics of Internal Review.
• April of 2003 brought us to our first budget discussions,
and these were driven by decision packages which were the
product of discussions involving our Executive Director, the
City Attorney's Office, and various representatives of City
Administration, including Employee Relations, Risk
Management, Finance, and Strategic Planning, Budgeting and
Performance. From our first proposal in April, we
experienced three subsequent rounds of reductions,
culminating with a final budget some 39% less than we first
requested, from $1.077 million to $674 thousand.
• During that same period, we sought, found and moved into
office space. We published brochures in three languages,
distributed them to the public, and began accepting
complaints, in anticipation of becoming fully operational in a
short period of time.
• Also in April of 2003, we had our first discussion with the
City Attorney's Office regarding Independent Counsel.
Publication of an RFLI (Request for Letters of Interest)
occurred nine (9) months later, in January of this year.
• In November 2003 the FTAA event occurred, bringing with
it a high profile nature of complaints and expectations
within the community for reception and expeditious handling
of such complaints. With a temporary and skeletal staff,
the CIP over the next several months conducted two public
hearings, special meeting and presentations and accepted
some 19 related formal complaints.
• In December of 2003, staff sought and obtained an
Employer Identification Number, consistent with the
understanding that the CIP would be an independent entity,
with its own employees.
• In January 2004, after meetings with the City Attorney and
City Administration, a decision was made to outsource
employees and some administrative functions. staff
solicited proposals for the Human Resources functions, and
for such things as insurance and health benefits.
• In February 2004, another series of meetings with City
entities lead to the decision that outsourcing was too costly
and other alternatives were to be sought.
• In that same month, in a meeting with the City Manager,
staff was informed that employees would be hired as City
employees, with the exception of the investigators, who
would be hired as independent contractors. In a subsequent
meeting, the Mayor supported this decision.
• Interviews were subsequently conducted and Independent
Counsel selected to provide services to the CIP on an as -
needed basis, as legal advisors or consultants. A question
has now arisen as to whether such arrangement tracks the
intent of the ordinance.
• In March of this year, staff re -visited job descriptions and
had audits done for the budgeted positions, so as to be
consistent with the latest directive from the
Administration, and began the hiring process for support
staff. An Assistant Director and Research Analyst were
hired in late March. The panel has since added a
Community Relations Liaison to its existing staff.
• March also witnessed the drafting of an RFLI for contract
investigators, which was published in April, followed by
interviews in May, with a decision package on the selections
made before you on today's Consent Agenda. Resolution of
an insurance requirement which was questionable as to its
necessity, and as to the potential discouraging effect it
might have on minority applicants, delayed this process.
• Despite the difficulty in moving forward as detailed for you
thus far, the CIP has been doing busy preparing itself for
reviewing and reporting on FTAA related complaints.
Information is currently being gathered through working
subcommittees, enlisting support staff as they come on
board. We have hundreds of hours of video footage to
screen as an example. We have found in some instances that
documents deemed potentially informative are not
voluntarily released, and Independent Counsel has moved to
assist the Panel with those issues as they arise.
• All complainants, both FTAA related and otherwise, have
been sent letters indicating that we have not overlooked
their complaints, but have experienced some delays in
becoming fully operational and that their complaints will be
fully addressed as we become fully staffed. We will take a
big step forward with the acquisition of investigative
support.
• In closing, the issue of Independent Counsel has been
discussed and the CIP has endorsed the concept of a full-
time counsel, reporting to the CIP, and has instructed the
Executive Director to pursue the necessary budget changes
so as to make that happen.