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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.