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HomeMy WebLinkAboutsubmittalCIp CIVILIAN INVESTIGATIVE PANEL To: The Honorable Mayor and City Commissioners From:irley E. Richardson, Executive Director Date: February 2, 2005 Subject: CIP Monthly Status Report to City Commission References: Enclosures: It is respectfully requested that the City Commission on March 10, 2005 hear and accept the monthly progress report of the Civilian Investigative Panel. BACKGROUND: The CIP, in an attempt to become fully staffed and operational encountered numerous obstacles and inherent indifference in dealing with City Administration. On June 24, 2004, the CIP sought the assistance of the Mayor and City Commission to resolve and expedite the issues adversely impacting the forward motion of the CIP. Commissioners pledged their support as well as provided guidance towards a more progressive CIP. Additionally, on September 9, 2004, the Commission passed a motion requiring the CIP to provide to the Commission, monthly, progress reports for the next six months and quarterly reports thereafter. Mr. Larry Handfield, CIP Chairperson, will present the report to the City Commission. 05.00141. • CIp CIVILIAN INVESTIGATIVE PANEL To: From: Date: Joe Arriola hief Administrator/City Manager hirley E. Richardson, Executive Director February 2, 2005 Subject: Request for Agenda item Placement For March 10, 2005 References: Enclosures: This memorandum respectfully requests placement of an item on the March 10, 2005 City Commission Agenda for the Civilian Investigative Panel (CIP) to provide the Commission with its regular monthly progress report. BACKGROUND During the City Commission meeting of September 9, 2004, the Commission passed a motion requiring the CIP to provide the Commission with monthly progress reports for the next six months and quarterly reports thereafter, on issues relating to administration, personnel and/or budget. Mr. Larry Handfield, CIP Chairperson, will present the report to the Commission. If you require additional information, please feel free to contact me. I may be reached at (305) 579-2444. SER/caa itg- of 4iiami SHIRLEY E. RICHARDSON Executive Director April 12, 2005 C) The Honorable Mayor and Members of the City of Miami Commission 3500 Pan American Drive Miami, FL 33133 Dear Mayor and City Commissioners: LARRY R. HANDFIELD Chairperson Attached is the Civilian Investigative Panel's (CIP) Status Report entitled: A Developing CIP in the Aftermath of the Free Trade Area of the Americas (FTAA) Summit. The report outlines the history and development of a newly created CIP, its progress and on -going challenges in the face of public demand for its investigation into alleged constitutional violations and misconduct by the Miami Police Department and assisting agencies during the November 2003 FTAA Summit. The document is a status report, intended to provide a detailed outline of the CIP's continuing efforts and commitment to conducting a thorough and deliberative review of the FTAA event. As indicated, the CIP's review is on -going and as such, the report at this point contains no findings, conclusions and/or recommendations. A CIP Final Report, to be released subsequent to the conclusion of the CIP review and investigative process, will address relevant issues and provide all necessary conclusions, findings and recommendations. Please contact the CIP Chairperson, Larry R. Handfield or Shirley E. Richardson, CIP Executive Director at (305) 579-2444 with any comments or requests for additional information, questions or concerns regarding this report. Larry R. Handfield Cc: CIP Members Shirley E. Richardson, CIP Executive Director Charles C. Mays, CIP Independent Counsel Jorge Fernandez, City Attorney Priscilla A. Thompson, City Clerk Joe Arriola, City Manager John F. Timoney, Chief of Police SUBMITTED INTO THE PUBLIC RECORD FOR ITEM pz.l ON y-w-o5 '�%�� / CIVILIAN INVESTIGATIVE PANEL 155 South Miami Avenue, Penthouse 1-B / Miami, Florida 33130 / (305) 579-2444 / Fax: (305) 579-2436 THE FREE TRADE AREA 0 E AMERICAS SUMMI STATUS REPORT Larry R. Handfield, Chairperson April 14, 2005 Civilian Investigative Panel A Developing CIP in the Aftermath of the Free Trade of the Americas Summit: A Status Report Table of Contents CIP PANEL MEMBERS ii CIP ADMINISTRATIVE PERSONNEL iv CIP INDEPENDENT INVESTIGATORS EXECUTIVE OVERVIEW 1 Introduction 1 Organizing 2 The Challenge of the Free Trade Area of the Americas (FTAA) Summit 3 The Subcommittees: • Policies and Procedures 4 • United States Department of Justice (USDOJ) 4 • Complaints 5 • Inter/Intra Agency 5 Completion of a Final Report on FTAA Protests 6 Commitment to Pursue Non-FTAA Related Complaints 6 Review of the Backlog of Completed Internal Affairs Investigations 7 SUBCOMMITTEE REPORTS Policies and Procedures 9 • Appendix: Policies and Procedures United States Department of Justice (USDOJ) 13 • Appendix: USDOJ Complaints 17 • Appendix: Complaints Inter/Intra Agency Communications 27 • Appendix: Inter/Intra Agency Communications Submitted Into the public record in connection with item / on «-i4-05 Priscilla A. Thompson City Clerk i CIP PANEL MEMBERS Larry R. Handfield, Esquire, Law Offices of Larry R. Handfield. Mr. Handfield is a member in good standing of the National Bar, the American Bar, and the Dade County Bar Associations. He serves as Chairperson of the CIP and the Dade County Public Health Trust. He received a Bachelor's Degree from Bethune-Cookman College, a Juris Doctorate Degree from Howard University, and a Doctorate Degree of Law from Bethune-Cookman College. Janet R. McAliley has spent a lifetime in community service. She was elected to the Dade County School Board where she served for sixteen years. Ms. McAliley serves as Vice Chairperson of the CIP and is an active member and past president of the Florida Immigrant Advocacy Center Board of Directors. She received a Bachelor's Degree from the University of Florida. Donald I. Bierman, Esquire, is a senior partner in the Law Offices of Bierman, Shothat, Loewy & Pizzi, P.A. Mr. Bierman is a member in good standing of the Florida Bar, the District of Columbia Bar, the Dade County Bar, the Federal Bar, and the American Bar Associations. He also served as chairman of the Dade County Community Relations Board. Mr. Bierman received a Bachelor's Degree from Tulane University and a Juris Doctorate Degree from the University of Miami. Tanya J. Brinkley, Esquire, is an attorney with Brinkley & Henrys, P.A. and is a Civil Traffic Infraction Hearing Officer for the 11`h Judicial Circuit. She is admitted to the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida. Ms. Brinkley received a Bachelor's Degree from Howard University and a Juris Doctorate from the University of Miami. Danny Couch has dedicated his life to community service and activism. He has spent the last twenty years on numerous municipal, county, and community non-profit boards in Miami -Dade County. Additionally, Mr. Couch has spent the last seven years as a Deacon at the St. James Baptist Church in Coconut Grove, Florida. Otis Davis is a retired police officer whose law enforcement career includes twenty-two years of service with the City of Miami Police Department and thirteen years of service with the Opa Locka Police Department. Mr. Davis is currently working to restore and convert a former police precinct into a police officers' museum. The museum will also house classrooms in order to provide tutoring to schools in the Overtown area. Submitted Into the public record in connection with item on ' - If -o s Priscilla A. Thompson lerk ii Rudy de la Guardia, Esquire, serves as CIP Treasurer. He is a partner in the Law Offices of Brooks, Frank & de la Guardia. He has held the rank of Ambassador Extraordinary and Plenipotentiary on Special Mission and Honorary Counsel from the Republic of Panama. Mr. de la Guardia is a member in good standing of the Florida Bar and of the United States District Court for the Southern District of Florida. He received a Bachelor's Degree from the University of Miami and a Juris Doctorate Degree from Thomas M. Cooley Law School. Thomas J. Rebull, Esquire, serves as CIP Secretary. He is a trial lawyer at the Law Offices of Broad and Cassel. He is a member in good standing of the Florida Bar Association and serves on its Code and Rules of Evidence Committee. Mr. Rebull received a Bachelor's Degree from Boston University and a Juris Doctor Degree from The American University, Washington College of Law. He lives in the City of Miami with his wife and young daughter. John H. Ruiz, Esquire, is an attorney and sole shareholder at the Law Offices of John H. Ruiz. He is a member in good standing of the Dade County Bar and the Cuban American Bar Associations. Mr. Ruiz received a Bachelor's Degree from the University of Miami and a Juris Doctorate Degree from Nova Southeastern University. Dr. Tangier Scott is a Team Manager with Miami -Dade Community Action Agency with many years of professional experience. She is a National presenter in the area of Youth and Family Relations and trainer of Conflict Resolution. Additionally, she is an Adjunct Professor at Nova Southeastern University and Florida Memorial University. Dr. Scott holds a Doctoral Degree in Child, Youth, and Family Studies from Nova Southeastern University, and a Master's and Bachelor's Degree in Criminal Justice and Public Administration respectively from Florida International University. Brenda B. Shapiro, Esquire, is an attorney at the Law Offices of Brenda Bernstein Shapiro specializing in Family Law. She is a member in good standing of the Florida Bar, the American Bar, and the Dade County Bar Associations. Ms. Shapiro serves as Chairperson of the City of Miami Community Relations Board and is a member of the Executive Committee of Collaborative Family Lawyers Institute. Ms.. Shapiro received both a Bachelor's Degree and Juris Doctorate Degree from the University of Miami. Fred St. Amand is the CEO of Valparaiso United Services, Inc. and Pax -Villa Funeral Home. He has been a prominent leader of the Haitian -American Community for over forty years and has worked directly with resident associations and community based organizations to improve the quality of life in the Little Haiti area. Mr. St. Amand received a Bachelor's Degree from Southwestern State University. Submitted Into the public record in connection with item C. t on q-lq-os Priscilla A. Thompson City Clerk iii CIP ADMINISTRATIVE PERSONNEL Shirley E. Richardson Executive Director Carol A. Abia Assistant Director Denise Minakowski Chief Investigator Donald F. March Research Analyst Michelle Cuello Community Relations Liaison Claudia Saintanne Administrative Aide II Marta Faria Secretary I Charles C. Mays, Esquire Independent Counsel Submitted Into the public record in connection with item str. on 4-t'i-cs Priscilla A. Thompson City Clerk iv CIP INDEPENDENT INVESTIGATORS Jeffrey M. Geller Geller Investigations, Inc. Pedro G. Fernandez -Ruiz A Investigation Agency, Inc. Lee S. Goldwich Juan C. Rey Horizon Investigations, Inc. Jeannie D. Rogers Uptown Investigative Agency, Inc. Submitted Into the public record in connection with item .T• 1 on 4.111-0s Priscilla A. Thompson City Clerk EXECUTIVE OVERVIEW Submitted Into the public record in connection with item Dr.) on 4-lq-or* Priscilla A. Thompson City Clerk The members and staff of the City of Miami Civilian Investigative Panel issue this Status Report to inform the public of its progress in carrying out its mandate relative to oversight of the sworn Miami Police Department (MPD). INTRODUCTION The City of Miami Civilian Investigative Panel (CIP), a 13 member board of volunteers, was created by Ordinance No. 12188 on February 14, 2002, as a result of a referendum overwhelmingly approved by the citizens of Miami in a special municipal election held on November 6, 2001. By their vote, the Miami electorate called for the adoption of a City ordinance establishing and creating a vehicle for independent civilian oversight of the sworn police department on behalf of the citizens, staffed with professional personnel, operated on an annual approved budget, and authorized with subpoena power. In accordance with the will of the voters, Ordinance No. 12188 sets forth the purposes, powers, and duties of the CIP as follows: (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 1 Submitted Into the public record in connection with item DX.1 on c1-14- as Priscilla A. Thompson City Manager and Police Chief regarding City Clerk allegations of misconduct by any sworn officer of the MPD; (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) (8) (9) enhance understanding of the process of submitting, processing, and responding to citizen complaints regarding misconduct by police officers; issue reports to the Mayor, City Commission, City Attorney, City Manager, Chief of Police, and the public; make recommendations as to the disposition of alleged incidents of police misconduct, to which the Police Chief is required to respond in writing within 30 days; (10) forward complaints alleging criminal activity to the MPD and other relevant agencies; (11) promulgate rules and procedures for internal governance and standards for training of CIP members and staff. Organizing. Organizing the Panel has been a challenge. Historically, this has been true for many civilian oversight agencies nationally and internationally, and will likely continue to be the trend. With the assistance of a small transition staff and a full Panel that was confirmed in February 2003, the CIP was immediately charged with creating an operational structure, identifying staffing needs, forecasting a budget, and hiring an administrative staff. An Executive Director was selected in September 2003 and confirmed in November 2003. The Executive Director worked with the transition staff to create and implement CIP operations, policies, and procedures. Efforts to become fully operational were often thwarted by governmental bureaucracy that adversely affected organizing, equipping, and staffing the CIP. It therefore became necessary for the Panel to seek the assistance and Submitted Into the public record in connection with item D=. I on 14-I4-0r Prisatla A. Thompson City Clerk The Policies and Procedures Subcommittee. Charged with the responsibility of collecting information concerning the guidelines governing police personnel during the FTAA protests and any training given specifically for this event, participating members and staff first reviewed a document captioned "FTAA 2003 After -Action Report," prepared by the MPD. This entire report consisted of 13 volumes, of which the CIP was given 12. The remaining volume is the Operational Plan that the CIP has requested but the MPD refuses to provide, asserting that the document is exempt from public discourse under the Florida Public Records Act. The Policies and Procedures Subcommittee made written requests to the MPD for additional information. Of particular interest and concern was the training provided with respect to the preservation of First and Fourth Amendment rights, Use of Force, crowd control techniques, and other operational considerations.' The CIP successfully challenged the MPD's claim of exemption in the Circuit Court and obtained an order compelling the production of the FTAA Operational Plan. The Police Chief, however, has appealed that order to the Third District Court of Appeal, which has caused yet another delay in the review process. Appended to this overview is a chronology of the Subcommittee's efforts to obtain the Operational Plan for the purpose of conducting a thorough investigation into the FTAA complaints and to further the evaluation of all policies and procedures applicable to police conduct. The U.S. Department of Justice (USDOJ) Subcommittee. On March 13, 2003, a letter from the Civil Rights Division of the United States Department of Justice (DOJ) was sent to the City of Miami regarding a DOJ investigation of the MPD. The DOJ investigation was launched pursuant to the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. This federal statute makes it unlawful for any local governmental entity to engage in a pattern or practice of conduct by law enforcement officers that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. The statute authorizes the Attorney General to initiate a civil action to obtain appropriate equitable and declaratory relief to eliminate such pattern or practice. The DOJ letter cautioned that it had not completed its fact - gathering process and had not reached a determination on whether the MPD had violated Section 14141. The DOJ letter set forth 55 Findings and Recommendations (F/R) regarding the MPD's written procedures, including the following: Use of Force and Use of Force reporting; vehicle pursuit driving policy; search and seizure; complaints and investigations; an early warning system; training; and structure of the MPD's Departmental Orders. The CIP assigned the USDOJ Report Subcommittee the task of evaluating the MPD's response to the DOJ letter and reporting the extent to which such response had an impact, if any, upon operational guidelines for police personnel during the FTAA protests. The CIP submitted written requests to the MPD on May 29, 2003; September 17, 2004; and ' On March 15, 2005, while this report was in its final stages for publication, the MPD provided some documents and material pertaining to training. This information, which was requested as early as August 24, 2004, was provided too late for the CIP to consider and evaluate for this report. 4 support of the City Commission and the City Manager for resolution of several important threshold issues. These problems were addressed in the summer of 2004. Additionally, the budgetary support and direction given by the City Commission in September 2004 brought the CIP closer to completion of its organizational phase. In that same month, the City administration approved contracts with four private investigative firms to conduct CIP investigations. Following training and orientation of the private investigators, and with an increased fiscal year 2004-2005 budget, the Panel is now in its third month of processing complaints. The process has also been completed for the solicitation, screening, and interviewing of applicants for the position of a Chief Investigator, who will oversee the work of contractual private investigators. The newly hired and highly qualified Independent Counsel will review and finalize the CIP investigative procedures. The challenge of the Free Trade Area of the Americas (FTAA) Summit. In November 2003, while still in its early stages of development, the CIP responded to demands for action following criticism of law enforcement's handling of demonstrations leading up to and during the FTAA Summit. The actions taken by law enforcement personnel from the MPD and approximately 40 assisting agencies resulted in several formal and informal complaints. Two CIP public hearings were held to examine the handling of the public during the FTAA protests. These were joint sessions with the Miami -Dade Independent Review Panel (IRP), a civilian oversight agency in existence since 1983. Video recorded footage of law enforcement and crowd interactions in the surrounding streets were reviewed. Personnel from the MPD and Miami -Dade Police Depaltment (MDPD) were among those identified by complainants, and both panels (CIP & IRP) received formal complaints. The CIP received 18 written complaints of alleged police misconduct. Since investigative staff had not been hired, the CIP initiated an FTAA review process through the creation of subcommittees. Panel members were divided into four working committees, each with designated staff liaisons. The complaints have undergone preliminary review by Independent Counsel, administrative staff and the FTAA Complaint Subcommittee. Submitted Into the public record in connection with item Ir. l on u-la-os Priscilla A. Thompson City Clerk 3 December 3, 2004 for the MPD's response to the DOJ letter. The MPD only provided the CIP with a response to the DOJ pertaining to canine use, the MPD's revised Use of Force policy, and a revision of the Use of Force policy made in late 2003. Nonetheless, CIP staff is in the process of identifying changes made since March 2003 in the Departmental Orders. Once such changes are identified, then a determination can be made as to whether the changes are consistent with the recommendations set forth in the DOJ letter. Conclusions drawn by the CIP will be forwarded to the MPD for consideration of future policy and procedural changes. In November 2004, in the interest of efficiency, the CIP made the decision to combine the Policies and Procedures and USDOJ Subcommittees. To date, the Subcommittees are working in tandem to analyze documents and make appropriate recommendations for the final overview and analysis. The Complaints Subcommittee. Charged with analyzing the nature, substance, and investigative findings of complaints received by the CIP, participating members first reviewed the complaints received regarding the FTAA protests. In preparation for their eventual analysis, a list of questions designed to help the members understand the Use of Force guidelines, police weaponry, and the capability and guidelines for the use of such weapons was submitted to the MPD. In response, the MPD made a presentation to the Subcommittee on May 10, 2004. Questions not fully answered during that presentation were scheduled for follow-up. The MPD agreed to forward to the CIP additional items, some of which have not been received. The Subcommittee and assigned staff liaison continue to review the MPD's After -Action Reports of other agencies, including the IRP, as well as video recordings taken during the demonstrations. In addition, Subcommittee members have reviewed the CIP's draft of investigative procedures, provided input, and requested responses from Independent Counsel concerning the CIP's authority, powers, and duties relating to investigations. Additionally, they have examined the weapons inventory used and the Use of Force reports. This Subcommittee also sought a copy of the Operational Plan. The Inter/Intra Agency Subcommittee. Assigned members were asked to examine the working relationships between the various law enforcement partners and to secure any documents governing these relationships and the conduct of personnel during the FTAA protests. Various references in the After -Action Report prompted this Subcommittee to also seek the Operational Plan for inspection of its contents for defined expectations. Members reviewed all Mutual Aid Agreements received, and staff prepared an analysis and spreadsheet to facilitate further inquiry and assist in the preparation of a final report. Additionally, the Subcommittee sought to interview identified law enforcement managers from all law enforcement agencies involved to evaluate the level of cooperation between agencies and to facilitate any conclusions and/or recommendations. Submitted Into the public record in connection with item az. on 4--os Priscilla A. Thompson 5 City Clerk Submitted 'n`:o pu` .r record in connection wit item D;. t _on - y - s Priscilla A. Thompson City Clerk When it became apparent that the research effort for the FTAA Report would be extensive, this Subcommittee initiated a review by staff of grants available as a source of funding for the assistance needed to assure a comprehensive approach. No government grant opportunities have been found. Also, the City Attorney penned a letter that can be interpreted as suggesting that the CIP is not permitted to seek such funding. Other than the court filings to resist the release of the Operational Plan, MPD has not provided any specific written responses to Subcommittee inquiries. Completion of a Final Report on FTAA protests. The following matters, among others, must be addressed for the CIP to complete a thorough final investigative report into law enforcement actions leading up to and during the FTAA Summit: • Assignment, investigation, and reporting of results of FTAA related complaints by individuals and/or groups. • Review and analysis of all completed investigations by the Complaints Subcommittee, from which F/R will be drafted. • Follow through on requests to the MPD for information regarding less lethal weaponry. The Panel has reviewed video footage suggesting that less lethal weaponry may have been used inappropriately. The CIP will persevere in its efforts to acquire information from the MPD as to the specifications, capability, and prescribed procedural guidelines for such weaponry. • Review and analysis of all documents pertaining to the USDOJ recommendations and assessment of policies governing the conduct of police personnel providing security at the FTAA protests; F/R should be drafted by the recently combined Subcommittees. • Review and analysis of the training provided on the policies and procedures in effect; F/R, which may include observations about priorities and the reinforcement of values, should be drafted.2 • Review of claims that persons with a reasonable expectation of exercising their First Amendment Rights were prevented from doing so. The extent to which this is true is an important area for investigation. • Review and analysis of the existing cooperative agreements, and follow through on requests for information regarding coordination. The Panel has reviewed commentary suggesting that unity of command was not the rule of the day. Commitment to pursue non _FTAA related complaints. With the acquisition of Independent Counsel, and the recently hired Chief Investigator, the investigative function is now fully staffed. Contract investigators have begun screening existing complaints for review by Independent Counsel with the various investigative bodies to verify that investigations can commence. In 2004, letters were sent to all complainants advising them that such would be the case and assuring them that their complaints had not been forgotten. Once initiated, these will be addressed contemporaneously with the FTAA complaints and the FTAA Final Report. Future complaints will be handled on a real time Information to be reviewed was submitted by the MPD just as this Status Report neared completion. 6 basis, delayed only whenever Independent Counsel determines that investigation initiation cannot proceed due to existing criminal investigations. Review of the backlog of completed Internal Affairs investigations. This aspect of the obligations assigned CIP per the Ordinance is also being addressed. Although there is a temporary shortage of administrative support staff, investigators have begun to review the completed investigation case files. Appendices. Included therein are the various chronologies concerning the work done by the four Subcommittees, and copies of all letters sent to date in our review efforts. Submitted Into the public record in connection with item 1)m- \ on 41 Priscilla A. ThompsoniClerk 8 Submitted Into the public record in connection with item'Ix. \ on 4-14-.os Priscilla A. Thompson City Clerk POLICIES AND PROCEDURES SUBCOMMITTEE REPORT INTRODUCTION The Policies and Procedures Subcommittee, chaired by Brenda Shapiro, includes member Danny Couch. The Subcommittee was charged with the responsibility for determining the guidelines under which the various police personnel operated when providing security during the FTAA protests. The Subcommittee was also asked to assess the training provided to these personnel and assist the Panel in drafting any conclusions and recommendations for the Final Report. CHRONOLOGY The following chronology tracks the Subcommittee's efforts to complete its tasks, and the letters listed below are set forth in the Appendix. April 8, 2004, Organizational meeting. A report was given concerning a constructive session with Internal Affairs on April 7, 2004, which is discussed in greater detail in the USDOJ report. After review of the After -Action Report, members present agreed that the Subcommittee should review operational guidelines governing the conduct of police personnel with security responsibilities. Staff was directed to formally request the Operational Plan. April 12, 2004, Letter to John F. Timoney, Chief of Police. In addition to the Operational Plan, also sought were any other agreements with external agencies or their After -Action Reports if not already provided, and information on less lethal and chemical weaponry used, including user manuals and training and certification requirements. April 22, 2004, Letter to Chief Timoney. The CIP made its second request for the Operational Plan, expressing the importance of the document to the Panel, and requested compliance by May 3, 2004. May 4, 2004, Letter to Chief Timoney. The CIP once again requested the Operational Plan from Chief Timoney and extended the expected compliance date to May 7, 2004. May 18, 2004, Letter from Mr. George Wysong. Approximately five weeks after the CIP's initial request, George Wysong, Assistant City Attorney and MPD's legal advisor, forwarded a letter to the CIP, claiming that the requested Operational Plan is exempt from disclosure under the Florida Public Records Act. Attorney Wysong also stated that there were no other agreements or After -Action Reports, and that MPD was in the process of "shepherding and copying the materials" sought regarding the weaponry used during the FTAA protests, but noted that the material was available for inspection. June 4, 2004, Letter to Chief Timoney from Chairperson Shapiro. Subcommittee Chairperson Shapiro sent a letter to Chief Timoney requesting him to reconsider MPD's 9 4.4)cord n txmaet;tio prir;cilla A. 't'tio►rpson City Clerk assertion that the Operational Plan was exempt from disclosure .o ti C'IP. Sc, as to address Chief Timoney's stated concern about public disclosure of the t=►perEtional Plan, the letter offered three alternatives to public disclosure. Chief Timoney has not responded. June 10, 2004, Second Subcommittee meeting. Staff reported the receipt of the set of Departmental Orders from Internal Affairs. Staff was directed to: • review all manuals provided as part of the After -Action Report and identify any training references; • collect all training materials and any training syllabi used; and, • analyze the quantity and quality of training and balance of emphasis on operations and preservation of rights, specifically those protected by the First and Fourth Amendments. June 18, 2004, CIP filed a lawsuit (Writ of Mandamus) to obtain the Operational Plan. July 29, 2004, MPD filed a Motion to Dismiss. In response to the CIP's lawsuit, the MPD filed a motion to dismiss, contending that the CIP lacked standing to bring suit and that the Operational Plan is exempt from public disclosure. July 23, 2004, E-mail inquiry to MPD. After reviewing the After -Action Report and identifying 16 blocks of police training, staff attempted to identify the person responsible for each block of training for the purpose of obtaining course syllabi. quantifying the amount of time devoted to each course, and addressing other matters pertinent to this Subcommittee's review process. An e-mail was sent to an MPD Command Level Officer requesting the MPD to identify the person with the most knowledge of FTAA training to assist the CIP staff with training -related inquiries. July 24, 2004, E-mail response from an MPD staff member. The Command Level Officer e-mailed a response identifying the persons responsible for each block of training. July 26, 2004, E-mail from the Deputy Chiefs Senior Executive Assistant to CIP staff and staff level officer, copied to all training personnel who received the above e-mail. The CIP received an e-mail from the MPD stating: "Per the Deputy Chief, all FTAA related requests are to go through legal (George Wysong). The request must first be in writing, and then the requested documents/information must be forwarded to George Wysong so he can review the material and prepare a receipt. To avoid the duplication of efforts, to ensure consistency and accountability this protocol must be followed. Any deviation must be approved by George Wysong. Thank you." August 24, 2004, Letter to Chief Timoney. CIP Chairman Larry Handfield sent a letter to Chief Timoney enclosing a spreadsheet created by CIP staff listing the following: 16 blocks of training identified as having been conducted per the After -Action Report; the 10 Submitted Into the public record in connection with item Dz . 1 on - Priscilla A. Thompson City Clerk person best qualified to respond per the earlier e-mail; the items on hand; and the items sought.3 September 14, 2004, Motion to Dismiss denied, and the MPD was ordered to provide the Operational Plan for the judge to inspect in chambers. September 22, 2004, Facsimile from Independent Counsel. CIP was notified that Chief Timoney had appealed the judge's order to provide the Operational Plan to the CIP. November 4, 2004, Meeting with Attorney Wysong. Attorney Wysong met with CIP staff and advised that a person would soon be designated to respond to the CIP's inquiries regarding training. To date, the CIP has not been informed of any such person. November 8, 2004, Facsimile from Independent Counsel. CIP was advised that the judge had reviewed the Operational Plan in chambers and ordered Chief Timoney to release it. December 3, 2004, Letter to Chief Timoney. In a response to the revisions of the Departmental Orders provided in the November 4 meeting, the request was renewed for outstanding items, with specific mention of the information sought concerning the training courses. February 23, 2005, Staff completed an analysis of the revisions to the Departmental Orders from December 2002 through December 2004. A spreadsheet was sent to the MPD with a request to discuss 231 items listed therein. REMAINING AGENDA FOR THE SUBCOMMITTEE MPD has not submitted the Operational Plan. Moreover, it has only very recently responded to requests for information concerning the training provided to police personnel involved in the FTAA protests. This Subcommittee will explore alternatives to obtaining this information, which is critical to accomplishing assigned tasks, and will proceed in tandem with the Panel members formerly comprising the USDOJ Subcommittee. 3 As previously noted, the MPD provided some training information and material on March 15, 2005. It has not yet been determined whether these matters are responsive to the CIP's request. 11 12 APPENDIX: POLICIES AND PROCEDURES Submitted Into the public record in connection with item v2. k on y-ly-65 Priscilla A. Thompson City Clerk �t SHIRLEY E. RICHARDSON Executive Director April 12, 2004 John F. Timoney, Chief of Police Miami Police Department P. O. Box 016777 Miami, FL 33101 VIA Hand Delivery: 400 N.W. 2 Ave, 4th Floor Dear Chief Timoney: Please provide the Civilian Investigative Panel with the following: LARRY R. HANDFIELD Chairperson • Miami Police Department's Operational Plan for the Free Trade Area of the Americas (FTAA) Summit. (Appendix Al of the Miami Police Department FTAA 2003 After -Action Report.) • Information evidencing any other legal, written or oral agreements between the Miami Police Department (MPD) and other agencies, apart from the Mutual Aid Agreements already received, that address each agency's functions, responsibilities, authority, limitations etc. during the FTAA event. • Any FTAA related After -Action Reports obtained from other agencies or internal groups or divisions within the MPD subsequent to the first publication date of the MPD FTAA 2003 After -Action Report. • Identification and description of all less -lethal mechanical and chemical tools used by law enforcement personnel during the FTAA, such information to include, where applicable, manufacturer, make and model, user manuals, training and certification requirements, quantity ordered and utilized. Your prompt attention to this matter will be greatly appreciated. Please feel free to contact me via Executive Director Shirley E. Richardson at 305-579-2444 with questions or concerns regarding this request. Sincerely, i„I L PALI'tQ •;?= • r • Larry R. Handfield, Chairperson / -f / C: Levine & Finger, CIP Independent Counsel CIP Members • Submitted Into the public record in connection with item Dz. \ on q-1y-os Priscilla A. Thompson City Clerk 04/ 27/ LI7104 03: 37 J177-J / 1 7. sir-rr1 VI-.4L IYI 11YL SHIRLEY E, RICHARDSON Executive Director April 22, 2004 ei#g nf 4Ftizmi John F. Timoney, Chief of Police Miami Police Department P.O. Box 016777 Miami, FL 33101 Dear Chief Timoney: LARRY R. HANDFIELD Chairperson In a Ietter dated April 12, 2004, the Civilian Investigative Panel (OP) requested documents and information in, your possession and/or control that are critical to the CIP's investigation of law enforcement actions during the Free Trade Area of the Americas (FTAA) Summit. Among the items requested was the Miami Police Department's Operational Plan for the event. Your Executive Assistant, Mr. Angel Calzadilla, has advised that the letter of request is awaiting review and response from the police Iegal advisor, Mr. George Wysong, who is currently on leave. Notwithstanding that circumstance, however, the CIP is resubmitting the request, underscoring its urgency. Receipt of documents and information listed in the CIP letter dated April 12, 2004 and attached hereto are anticipated on or before Monday, May 3, 2004. • Please feel free to contact me via Executive Director Shirley E. Richardson at 305-579- 2444 with questions or concerns regarding this matter. Submitted Into the public record in connection with item D=. 1 on H-1 -Ds- arry R. Handfield, Chairpe .on Priscilla A. Thompson `"" City Clerk C: Levine & Finger, CIP Independent Counsel CIP 1vlen3bers Attachment CIVILIAN INVESTIGATIvE PANEL 155 South Miami Avenue, Penthouse 1 •B / Miami, Florida 33130 1 (305- 579-2444 / Fax: (305) 579-2436 CCitv AitaxtTt SHIRLfY E. RICHARDSON Executive Director May 4, 2004 John F. Timoney Chief of Police Miami Police Department 400 NW 2"d Avenue Miami, FL 33128 Dear Chief Timoney: LARRY R. HANDFIELO Chairperson On April 12, 2004 a letter was sent to you by the Civilian Investigative Pan& requesting copies of specific documents relating to the Free Trade of the Americas Summit (FTAA); however, no response was received. During a subsequent telephone conversation on April 215t between CIP Executive Director Shirley E. Richardson and your designated contact person, Senior Executive Assistant Angel Calzadilla it was Teamed that any such requests would be on the desk of Assistant City Attorney George Wysong who was out on leave. Mr. Calzadilla advised that Mr. Wysong was scheduled to return to work on April 28Th and the matter would be addressed with him upon his retum. A second letter dated April 22, 2004 requesting the same documents and providing for a deadline date of May 3rd was re -submitted to your attention. As of today, May 4th, the CIP has received neither the information nor an acknowledgement of its request. In an effort to be conciliatory, the C1P is extending its deadline to 5:00 PM, Friday, May 7, 2004. Please provide the requested information so as to avoid any further delay to the CIP review process. You may contact me via Ms. Richardson at (305) 579-2444. Larry R. Nandfield, Chairperson Submitted Into the public record in connection with item D'r• I on 4-) -os Priscilla A. Thompson City Clerk CIVILIAN INVESTIGATIVE PANEL 155 South Miami Avenue, Penthouse 1-B / Miami. Florida 33130 / (305. 579-2444 / Fax: (305) 579.2436 Iit of 4Jitiamf May 18, 2004 Ms. Shirley E. Richardson Executive Director Civilian Investigative Panel 155 South Miami Ave Penthouse 1-8 Miami, Florida 33130 Dear Ms. Richardson IrgiEIIVIEL) MAY 202001i CIVILIAN INVESTIGATIVE PANEL ALEJANDRO VILARELLO City Attorney Submitted Into the public record in connection with item DT. t on: It-) d -os Priscilla A. Thompson City Clerk I have been asked to respond on behalf of the Miami Police Department (MPD) to the Civilian Investigative Panel's (CIP) recent public records request. In the letter the' CIP requested that the MPD provide four items. The requested items and the appropriate response to the request is outlined below: Item 1, the CIP requested the "Miami Police Department's Operational Plan for the Free Trade Area of the Americas (FTAA) Summit. (appendix #1 of the Miami Police Department FTAA After -Action Report.)" The Miami Police Department cannot provide the document as it is exempt from disclosure pursuant to Section 119.07(d) Fla. Stats. The statute exempts and protects from public disclosure any comprehensive policies or plans compiled by a criminal justice agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, as defined in s. 252.34(3) Fla Stats. Item 2, the CIP requested "Information evidencing any other legal, written or oral agreements between the Miami Police Department (MPD and other agencies, apart from the Mutual Aid agreements already received, that address each agency's functions." To the extent that I understand the request, there are no other documents or agreements other than what has already been provided. Item 3, the CIP requested "Any FTAA related After -Action Reports obtained from other agencies or internal groups or divisions within the MPD subsequent to the first publication date of the MPD FTAA 2003 After -Action Report." The department has informed me that there are no such documents other than what has already been provided. Item 4, the CIP requested "Identification and description of all less -lethal mechanical and chemical tools used by law enforcement personnel during the FTAA, such information to include, where applicable, manufacturer, make and model, user manuals, training and OFFICE OF THE CITY ATTORNEY/Legal Unit 400 N.W. 2nd Avenue, Room 420/Miami, Florida 33128/(305) 579-6576 certification requirements, quantity ordered and utilized." This information is available for your immediate review and inspection. The Department has advised me that they are in the process of shepherding and copying the materials. They will be sent to you as soon as I receive them. If I can be of any further assistance, please do not hesitate to ask. Very truly yours, George I4 Wysong, II Asst. City Attorney On behalf of the Miami Police Department Submitted Into the public record in connection with item z=• \ on K-ty-bs Priscilla A. Thompson City Clerk Page 2 of 2 SHIRLEY E. RICHARDSON Executive Director June 4, 2004 John F. Timoney, Chief of Police City of Miami Police Department 400 NW 2nd Avenue Miami, FL 33128 of 4tixmt LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item—. t on y'1y-ds Priscilla A. Thompson City Clerk Dear Chief Timoney: We have received George Wysong's letter in response to our request to review the operational plan for the FTAA. Mr. Wysong writes; "The Miami Police Department cannot provide the document as it is exempt from disclosure pursuant to Section 119.07(3) (d) Fla. Stats." Counsel's interpretation is too restrictive. In the last sentence of the cited paragraph, the statute goes on to inform that release is discretionary, not prohibited "....unavailable for inspection, except by personnel authorized by a state or local law enforcement agency ..:. as having an official need for access to the .._.comprehensive policies or plans." Panel members believe that information pertinent to their evaluation of policies and procedures during the FTAA may be found in the operational plan, or if not, may lead to recommendations of value to the department. Inspection is required in either case. Such evaluation is consistent with the Ordinance creating the CIP, especially Section 11.5-2. Purposes, powers and duties. The Panel has "an official need" as contemplated by the statute. One of the following alternatives to release may be acceptable: • . visual inspection and review by a designated Panel member and staff person; • providing a redacted copy of the plan, with an explanation available for each of the redacted passages; • presentation to the Panel in some form of executive session, closed to the public (an option which must be reviewed by counsel as to permissibility). More than one Panel member has expressed their appreciation for the quality of the presentation you and your team made to the Subcommittee on Complaints, which featured detailed information from Deputy Chief Fernandez and Senior Executive Asst. to the Chief Utset about the weaponry used, and that which was available, but not used, and the "whys" behind those decisions. We believe the other subcommittees and the department can benefit from a similar frank discussion about policies and procedures, and cooperative agreements between agencies in an environment such as the FTAA meeting. As Chair of the subcommittee on Policies and Procedures, I know our committee and interested Panel members can only learn from such an exchange. The more information we have access to, the more informed our report will be. We have as our goal to provide an accurate, objective analysis of FTAA events involving matters of security, safety and protection of all participants. We know that the majority of your stated goals for the Department's operations surrounding the FTAA were achieved. Complaints received to date indicate some goals were not achieved, however. We seek to make recommendations to the Department that may maximize the opportunity for successful goal achievement for such massive undertakings in the future. A review of the operation plan and an opportunity to discuss it with you is the first step we must take in order to provide the thoughtful, deliberate report from the Panel that you and the Department have the right to expect. It is my sincere hope that you and Mr. Wysong will reconsider the position taken regarding our request. Res tfully renda apiro Chairperson CIP Subcommittee on Policies and Procedures Submitted Into the public record in connection with item Tx. 1 on 4- )y-os Priscilla A. Thompson City Clerk VU/ L / / LUC", V:.1. .JO J U:1�:1 f JUY Or7L 6h PMHI`41Jr 1CL SHIRLEY E. RICI-EARDSON Executive Director August 24, 2004 'g± 4ftamt John Timoney, Chief of Police City of Miami Police Department 400 NW 2 Avenue Miami, FL 33128 Dear Chief Timoney. LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item'- l on y- l y_os Priscilla A. Thompson' City Clerks The Policies and Procedures Subcommittee of the Civilian Investigative Panel is attempting to assess the training provided to law enforcement personnel involved in security of the FTAA event in Miami. A review of your After -Action report has lead us to identify some sixteen (16) blocks of training, and the accompanying spreadsheet has a column indicating where in the report we found the various training references. There is a need in some cases to examine documents and training materials that we have not been able to locate in the materials provided to date. We would ask to see them, if they exist, and to be provided copies. These are listed in the spreadsheet under "Items Sought." If 'any particular item does not exist, please advise. If there are other related training materials that our research has not identified, we would ask your assistance in furthering our examination of therm. Also in the spreadsheet, we have listed the person(s) who may be best qualified'(PBQ) to answer questions about the training provided, based on our review or from statements made by MPD personnel. If the information listed is incorrect or blank, kindly provide the appropriate name(s). We would also ask that you designate a person with whom staff can discuss the items received and/or requested, to expedite completion of the document - acquisition phase of our review. The spreadsheet may appear to require a significant resource allocation, but in most cases, a syllabus provides much, if not all, of the information required, as was the case with the 40 hour block for commanders (p. 4 of the spreadsheet). Your cooperation in providing the information necessary to conduct an informed assessment of the training effort is appreciated. Chairperson CIVILIAN INVESTIGATIVE PANEL 1S5 South Miami Avonue Pnmht..<o t _R / ►,A:a.,.. cl.,.:a. 777 vn into, - S" mitted Into the public rewrd in connection with item ter. t on 4-tW-a$ Priscilla A. Thompson City Clerk Training PBQ Items on Hand Items Sought Aviation Component Sgt. James Billberry Information found in FTAA After Action Report: Narrative Summary (p.8; pp 26-28); Appendix 5 under "Air Operations". No specific mention is made of training sessions other than the table top exercise. Syllabus or course manual, length of course, time spent in drills and practice, number and rank of individuals instructed in this area. Video of training exercises, and/or video training materials. Any written guidelines distributed at briefings, or otherwise as to: duties, responsibilities, safety, chain of command, coordination, goals and objectives. Bicycle Response Platoons Lt. Ricardo Roque Information found in FTAA After Action Report: Narrative Summary (p.6); Appendix 3 under "Rules of Engagement" (p_ 17); Appendix 5 under "Bike Patrols"; Appendix 5 under "Car Units." Ten hour course mentioned, plus follow up drills. Syllabus or course manual, any additional handouts that accompanied Power Point presentation, time spent in specific areas including: crowd management, reconnaissance of unruly demonstrators, blocking of traffic intersections, arrest techniques, squad formations, and team tactics. Hours spent in post -course drills in team tactics and description of points reinforced. Video of training exercises and/or video training materials. Embedded Media Commander Michael Colombo Information found in FTAA After Action Report: Narrative Summary (p.9); Appendix 5 under "Embedded media"; Appendix 7 under "Public Information Office." Mention of two hour course. Syllabus or manual of training program, topics covered in training class, video of training sessions and/or video training materials, if other than the 11 page handout in the After Action Report. Extraction Teams Commander Michael Colombo and for Taser, Sgt. Richard Gentry Information found in FTAA After Action Report: Narrative Summary (p.7; p.23); Appendix 3 under "Rules of Engagement"; Appendix 5 under "Car Units"; Appendix 6 under "Extraction Teams". Syllabus or course manual, any handouts that accompanied Power Point presentation, length of course, time spent in drills and practice, number and rank of individuals instructed in this area, video of training exercises and/or video training materials. 1 Training Final Operational Training Module 1 PBQ_ Commander Michael Colombo Items on Hand Information found in FTAA After Action Report: Narrative Summary (p.1 I); Appendix 5 under "Car Units." Submitted Into the public record in connection with item c • \ on u- lik-os Priscilla A. Thompson City Clerk 1 Items Sought Video of all 9 scenarios, video of Miami -Dade Police Department's independent training in downtown core, and syllabus of times, events, and agencies participating. Intelligence Component Legal Training Marine Component Mass Arrest Processing Commander David Rivero Commander Steven Caceres Sgt. Art Serig Lt. Vince Laricci Information found in FTAA After Action Report: Narrative Summary (p.22). Mention of training and briefings created for rank and file officers. Information found in FTAA After Action Report: Narrative Summary (pp. 8-9); Appendix 5 under "Car Units." Mention of two courses: 5hour block for commanders; 2 hour block for assistant state attorneys. Information found in FTAA After Action Report: Narrative Summary (p.8; p. 29); Appendix 7 under":Marine Patrol". Drills logged. Information found in FTAA After Action Report: Narrative Summary (p.7); Appendix 5 under "Car Units"; Appendix 7 under "Prisoner Processing." Mention of ten hour course. Training time/dates field officers made aware of threats/legal limitations/ reasonable steps to avoid chilling free speech. Text of "directive from the Chief of Police." Type and length of training conducted for personnel assigned to intelligence component. Manual created by Legal Committee; any training syllabus based on manual created by Legal Committee; Power Point Presentation bullet points and any accompanying narrative script or handouts distributed in conjunction with presentation; video of training/exercises/ live instruction and/or video training materials. Syllabus or course manual, length of course - time spent in drills and practice, rank of individuals instructed in this area, video of training exercises and/or video training materials.. Syllabus or course manual, time spent in specific areas including: processing of prisoners, transportation, field processing of evidence and personal property, arrest reports, positively identifying prisoner and criminal act committed, protester tactics such as refusing to identify themselves and switching clothing to confuse or delay criminal process. Video of training exercises and/or video training materials. 2 o the abmitted�nec on with ublic record in item `_� --°n Priscilla A. Thompson ty Clerk Training Patrol Response Training PBQ Commander Michael Colombo Items on Hand Information found in FTAA After Action Report: Narrative Summary (p.6); Appendix 3, Tab 2 under "Basic Course"; Appendix 5 under "Car Units"; Appendix 6 under "Hialeah Police Dep't". Ten hour course mentioned, plus drills. Items Sought Time spent covering each of 15 listed objectives. Any accompanying narrative or script, particularly pertaining to objective 4: "protecting everyone's first amendment rights." Protester Devices Commander Michael Colombo Information found in FTAA After Action Report: Narrative Summary (p.6); Appendix 3 under "Protester Devices Course"; Appendix 5 under "Car Units". . Video of training exercises and/or video training materials. Rules of Engagement Commander Michael Colombo Information found in FTAA After Action Report: Narrative Summary (pp. 9-11);, Appendix 3 under "Rules of Engagement Guidelines"; Appendix 5 under "Car Units." Video of formal setting at Miami Police Department; video with Chief of Police presenting the rules, script accompanying presented information, length of discussion/lecture in each area. Solid Waste and Downtown NET Commander Michael Colombo Information found in FTAA After Action Report: Appendix 5 under "Car Units". Syllabus or course manual, length of course, number and rank of individuals instructed in this area, and video of instruction session and/or video training materials. SWAT Training Major Tom Cannon Information found in FTAA After Action Report: Narrative Summary (pp. 7-8); Appendix 3 under "Rules of Engagement" (pp. 21- 25); Appendix 5 under "Car Units". Three hour field training session mentioned. Syllabus or course manual, length of course, time spent in drills and practice, number and rank of individuals instructed in this area, video of training exercises and/or video training materials. Technical Support Detail Lt. Mario Medina Information found in FTAA After Action Report: Narrative Summary (p.7); Appendix 5 under "Car Units". Syllabus or course manual, length of course, time spent in drills and practice, number and rank of individuals instructed in this area, video of training exercises and/or video training materials. 3 Suomitted Into the public record in connection with item xx. ion Priscilla A. Thompson City Clerk Training PBQ Items on Hand Items Sought Training for Commanders Commander Michael Information found in Video of training exercises Colombo FTAA After Action Report: Narrative and/or video training materials. Summary, (p.5); Appendix 3, Tab 2 under "Command Course"; Appendix 5 under "Car Units". Any other Training Tapes, with "MPD Troops Presentation" of special interest. . Videos of the formal training sessions held prior to the event and/ or video training materials. Such videos include classroom lectures, speeches and so forth. The tapes the CIP has received do not appear to include instructional footage except for the range setting. Some briefings at times during the event are included. 4 SHIRLEY E. RICHARDSON Executive Director December 3, 2004 John F. Timoney, Chief of Police City of Miami Police Department 400 NW 2nd Avenue Miami, FL 33128 LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item Ids-. \ on y-w--os Priscilla A. Thompson City Clerk Via Hand Delivery Dear Chief Timoney: Attached please find a preliminary review of Departmental Orders, December 2004 Supplement. A complete analysis of the revisions is forthcoming. We look forward to your expeditious response to requests for information, observations and recommendations included therein. Questions regarding this preliminary report may be directed to CIP Executive Director Shirley E. Richardson at (305) 579-2444. Sincerely, — „fi r/ ��" " Larry R. Handfield, Chairperson Civilian Investigative Panel LRH/SER/adb CIVILIAN INVESTIGATIVE PANEL Submitted Into the public record in connection with item vz.. i on 4--N-os Priscilla A. Thompson City Clerk CIVILIAN INVESTIGATIVE PANEL Preliminary Review of Revisions to MPD Departmental Orders Supplement December, 2004 BACKGROUND On November 4, 2004 Miami Police Department (MPD) Legal Advisor George Wysong met with Civilian Investigative Panel (CIP) staff to discuss various issues relating to the CIP investigation of law enforcement actions leading up to and throughout the Free Trade of the Americas Ministerial Conference (FTAA). Outstanding responses to CIP concerns and requests for information were the focus of the meeting. Among the concerns was the implementation of revisions to MPD policies and procedures without CIP notification and input as provided for in City of Miami Ordinance No. 12188. During and at the conclusion of discussions, Mr. Wysong asserted that he would follow through on outstanding items and has in fact provided the CIP with a VHS tape and CD-ROM outstanding from an earlier request. Among other still outstanding items are responses to letters seeking information concerning the content of various training courses provided to law enforcement participants prior to FTAA, and a response to inquiries regarding MPD's position on the US Department of Justice March, 2003 Findings and Recommendations. ANALYSIS 1. At the November 4th meeting, Mr. Wysong delivered to the CIP a shrink-wrapped packet (136 documents) of revisions to the Departmental Orders. He indicated that consistent with the provisions of Ordinance 12188, the Department would wait for thirty days prior to implementing the changes. Police Department personnel would thus be instructed to make a pen change to the implementation date of "06/04" to reflect "12/04". This was to be communicated through "Revised Instruction Sheets", the first of which has "December 2004" in its header, and in which the necessity to do this is explained thus: "These changes are being made in response to Miami City Ordinance No. 12188, which requires a review of new or revised policies and procedures by the Civilian Investigative Panel, prior to implementation." This explanation, however, lends itself to possible misinterpretation as to the cause of the delay. Request/Recommendation: That the MPD reflect in its records that the delay in implementation to December 4th was not caused by the CIP or the Ordinance requirement but in its untimely submission to the CIP. 2. In attempting to analyze the revisions, the CIP found that the process of tracking and identifying changes was unnecessarily tedious. The CIP was not provided with a "struck/underlined" format, thereby requiring a word-for-word comparison of voluminous documents. Submitted Into the public record in connection with item Ix-- \ on (4- ‘y- as — Priscilla A. Thompson City Clerk, Request/Recommendation: To ensure a more efficient process, revisions and accompanying documents should be submitted to the CIP as follows: I. In a "struck/underlined" format. (Copies in such format for revisions made in 2003 and 2004 would facilitate our current updating' and evaluation efforts.) II. Copies of the Policy Review Committee (PRC) minutes since January 2003, and all subsequent minutes as they are completed. III. Revisions to Departmental Orders upon approval by the PRC. IV. CIP access to the on-line Departmental Orders. 3. Given the delay in receipt of the proposed changes and the volume of documents, the CIP provides herein the preliminary results of its review to be followed by a final report of recommendations on all D.O. revisions submitted in the December 2004 Supplement. Requests/Recommendations: The CIP offers the following observations and recommendations: I. That the MPD revisit and ensure consistency in its instructions for officers as regards to firearms which may befound in at least three separate areas: D.O. 1, Chapter 11, Section 6, General. Rules of Conduct, Paragraph 21, Firearms and Weapons; D.O. 6, Chapter 21, Procedures Governing the Use of Force; and D.O. 6, Chapter 13, Firearms Procedures. The instructions concerning the shooting of animals, and the restrictions on the discharge of firearms at or from moving vehicles appear in the new 2004 revisions of D.O. 6, Chapter 21, however, the guidance therein reads differently from that which is given in D.O. 1, with language that goes back at least to 2002. II. Passages appear in several sections of the Departmental Orders referring to the Office of Professional Compliance (OPC). In other areas, OPC involvement has been struck. Where applicable, all references to the OPC should be struck and replaced with the "CIP". Additionally, powers, duties and authority specific to the CIP must be incorporated in the D.O's. The CIP requests early discussion and input in these revisions. III. The CIP should be included in. D.O. 1 discussion and flow chart of the Departmental Order Review Process. IV. As a long term recommendation, the CIP encourages the MPD to explore development of a computerized system for the delivery of departmental directives, which may include the following features: 2 Submitted Into the public record in connection with item J. \ on Priscilla A. Thompson City Clerk a) Requirement for each officer to log on to the computer prior to reporting to the field, or for off -duty employment in an official capacity, for purposes of checking for revisions to directives. b) Delivery of on-line of changes in "struck/underlined" format so that officers may readily discern the revision(s). c) Required acknowledgement by the officers as to receipt of revisions. d) Immediate testing as to the understanding of the instructions altered, the results of which should be recorded, and provide instantaneous feedback to the officer. If an answer is incorrect, an explanation should be given which will require acknowledgement, followed by a re -test until the correct answer is given. The recording of the testing results may be useful in identifying officers who may have a difficulty or in identification of ambiguous language. It may also be helpful in some future due diligence argument. e) Publication in revised format, to be printed or emailed to an accessible destination. 4. It is the understanding of the CIP that a major revision of the Departmental Orders is underway, which will feature significant reformatting and redesign. The prospect of CIP review of such an ambitious overhaul within 30 days is a daunting one. Request/Recommendation: Upon initiation of any such review by the MPD, CIP requests that the MPD provide completed D.O. revisions by section to the CIP Executive Director as expeditiously as possible so as to ensure a timely and thorough review. LRH/SER 3 Shirley E. Richardson, Executive Director Civilian Investigative Panel Page 2 Submitted Into the public record in connection with item 1 • 1 on 4- t y -os Priscilla A. Thompson City Clerk I would request that any future matters being referred to the Miami Police Department by the Civilian Investigative Panel be addressed directly to me. Thank you. Sincerely, n 7 n F. Timoney Chief of Police J1-1:mp UNITED STATES DEPARTMENT OF JUSTICE (USDOJ) SUBCOMMITTEE REPORT INTRODUCTION The USDOJ Subcommittee, initially chaired by Donald Bierman, also included John Ruiz and Fred St. Amand. Dr. Tangier Scott was assigned to the Subcommittee upon her selection to the Panel and was asked to assume the role of Chairperson. This group was asked to review the F/R listed in a March 13, 2003, letter from the USDOJ to the City of Miami, reporting the preliminary results of its investigation of the MPD. The Subcommittee was then asked to assess the impact, if any, of the above F/R on the operational guidelines in effect for the conduct of law enforcement personnel providing security during the FTAA protests. CHRONOLOGY April 7, 2004, Meeting with Internal Affairs (IA). CIP Staff first sought to assemble a set of Departmental Orders (DOs) as they existed during the FTAA protests, specifically the week of November 16-22, 2003. In an April 2004 meeting with the then -IA Commander and one of his subordinates, CIP staff advised IA of the continued evolution of the CIP and the need to create a list of action items for the CIP. A request was made for a set of DOs current at the time of the FTAA protests. Within a week, IA delivered a notebook with a 2002 version of the DOs and two shrink-wrapped update packages, dated 12/02 and 03/03, with an indication that with the insertion of these updates, the CIP would have a current set. April 15, 2004, First Subcommittee meeting. The Subcommittee established an agenda to accomplish the following: • assembly of anything pertinent to a written directive providing guidance to the FTAA security contingent which may relate to the DOJ F/R; • request for copies of the written response(s) to the DOJ from Chief Timoney; • completion of an analysis of the documents assembled, with conclusions as to the appropriateness of any action taken or not taken in response to the F/R. The MPD reported to the Subcommittee that as a result of the documents delivered to the CIP from IA, the CIP now had the DOs that were in effect at the time of the FTAA protests. May 29, 2003, Letter to Chief Timoney from the CIP Chairperson. A request was made for the "written response to the concerns outlined by the Department of Justice." 13 Submitted Into the public record in connection with item 'a=.' on u- 4.-os Priscilla A. Thompson City Clerk ui)mitted into the pui:c record in connection with item won K- Priscilla A. Thompson City Clerk June 9, 2003, Response to the CIP from Chief Timoney. Among the points made in the letter were: • MPD: "At the invitation of Mayor Diaz, the Justice Department is conducting a review of select policies and operations of the Miami Police Department." • MPD: "As stated in the [DOJ] letter, their review is ongoing and no conclusions have yet to be drawn." • MPD: "However, the Justice Department does identify a number of problematic areas. The observations of the Justice Department are largely valid although they address only a handful of the areas targeted for reform by the Miami Police Department." • MPD: "I have assumed a personal role in assisting my staff in the development of key policy areas such as training, the use of force and integrity precautions. For instance, we have developed or are in the process of developing new policies or guidelines on critical issues including deadly force, less than lethal force, Taser usage, force reporting, police shooting investigations, firearms discharge reviews, civilian complaints, early warning systems and handcuffing." • MPD: "I look forward to working with the panel towards our mutual goal of establishing the most effective and professional of police departments." Letter to CIP from Chief Timoney (Received by CIP November 13, 2003). Covering a comparison chart, a copy of the Use of Force Matrix, and a copy of the Use of Force DOs with a revision date of 10/20/03, the letter asks the Executive Director to "please share with the Panel the attached Use of Force policy developed over the recent months by the Miami Police Department. A summary is also attached that outlines the dramatic changes implemented in this new policy." This Use of Force policy was not included in the DOs previously provided to the CIP. There is no reference in the letter to any correlation between the DOJ F/R and the revision in the Use of Force policy. Letter to DOJ from Chief Timoney (Received by CIP December 15, 2003). By a memorandum dated September 16, 2003, the MPD's Commander of Field Support Section made ten recommendations for changing DOs and Standard Operating Procedures relative to the canine detail. Chief Timoney adopted these recommendations and so informed the DOJ in an undated letter. The CIP received a copy of Chief Timoney's letter on December 15, 2003. August 11, 2004, Second Subcommittee meeting. After a review of the history to date, staff was directed to draft a letter to MPD to verify that the CIP had been provided all revisions to the DOs, including those in effect for the FTAA Summit. The CIP wanted to ensure that the DOs had in fact been distributed by dates certain, and inquired as to why the CIP had not bean included in the policy revision process per the Ordinance. 14 September 17, 2004, Letter from the CIP to Chief Timoney. Follow through on the Subcommittee direction in their August meeting. November 4, 2004, Meeting with George Wysong, Assistant City Attorney and Legal advisor to MPD. Mr. Wysong expressed a desire to discuss the issues raised in the Subcommittee's letter of September 17th. Mr. Wysong provided a set of revisions to the DOs that included a Revised Instruction Sheet detailing a pen change from a revision date of 06/04 to 12/04, citing a need to afford the CIP the opportunity for review per the Ordinance. Mr. Wysong was asked to respond to the September 17th letter in writing. November 12, 2004, Subcommittee meeting. Members present agreed that should the MPD not respond soon, a letter would be sent to the DOJ to ascertain whether it had received any response from the MPD other than what the Subcommittee had on hand. In addition, it was agreed that some form of interim report should be drafted providing progress to date. December 3, 2004, Letter from the CIP to Chief Timoney. Staff drafted a response so as to be timely per the Ordinance and the 30 days given to provide input to the Chief on policy revisions. In this letter, the following issues were addressed: • MPD was asked to have their records more accurately reflect the reason for any delay. from 06/04 to 12/04 for the implementation of the policy revisions and the pen changes officers were required to make, thus eliminating the suggestion that the CIP and/or the Ordinance were responsible; • MPD was asked to provide future revisions in "struck/underlined" format to facilitate review, and they have complied; • MPD was asked to provide Policy Review Committee (PRC) information and to authorize CIP on-line access to the DOs; • MPD was given some initial input on the revisions reviewed, with an indication that such review would continue and additional input would be forthcoming; • A suggestion was made for future development of a computerized DOs system; • MPD was again asked for any response to the DOJ letter other than the one about the Canine Detail; and, • MPD was reminded that there were requests made and still pending for other FTAA related material. Analysis of the revisions provided to CIP as of November 4, 2004. A first draft of a spreadsheet has been afforded the MPD. A request to meet with MPD personnel to clear up any misconceptions, finalize CIP input on all revisions, or schedule meetings for additional research and future input was also made. To date, there has been no written response to either of the first two letters from this Subcommittee, dated September 17th and December 3, 2004. Submitted Into the public record in connection with item. on y-1 t-os Priscilla A. Thompson City Clerk 15 TASKS REMAINING The Subcommittee will follow up directly with the DOJ, absent an improved response rate from MPD. When called upon, Subcommittee members will offer collected information with completed analysis to the full Panel for further evaluation and assessment of FTAA related complaints. In anticipation of the evaluation of other pending complaints and of all future complaints, the assessment of the effect of external review by the DOJ remains important work for this Panel. APPENDIX The letters referenced herein above are set forth in the Appendix. Submitted Into the public record in connection with item firi on y os Priscilla A. Thompson City Clerk 16 APPENDIX: USDOJ Submitted Into the public record in connection with item TZ. on N- a-os Priscilla A. Thompson City Clerk SHIRLEY E. RICHARDSON Administrator May 29, 2003 John Timoney Chief of Police Miami Police Department 400 N.W. 2nd Avenue Miami, FL 33128 Dear Chief Timoney: JOEARRIOLA City Manager The Civilian Investigative Panel (CIP) has received the U.S. Department of Justice report dated March 13, 2003 detailing its investigative findings of the Miami Police Department. Several areas of concern regarding departmental policies and procedures were cited in the report. On behalf of the CIP, I request your written response to the concerns outlined by the Department of Justice. Should you wish to contact me, I can be reached at 305-576-1011. • S; cerely yours, 1T2i. iikc.1 1 Larry R. Handfield .LRH/SER/caa Submitted Into the public record in connection with item st• on y-14-os Priscilla A. Thompson City Clerk v,t#g of 4tiamt JOHN F TIMONEY Chief of Police JUN 0 9 2003 Larry R. Handfield Civilian Investigative Panel 155 South Miami Avenue Penthouse 1-B Miami, Florida 33130 Dear Mr. Handfield: _ _ �!. � .Y •ii �LI JOE ARRIOLA City Manager Submitted Into the public record in connection with item ' 4 on K-u' - os Priscilla A. Thompson City Clerk Thank you for your correspondence referring to the May 29, 2003 letter sent by the U.S. Department of Justice. At the invitation of Mayor Diaz, the Justice Department is conducting a review of select policies and operations of the Miami Police Department. As' stated in the Justice Department's letter, their review is ongoing and no conclusions have yet been drawn. However, the Justice Department does identify a number of problematic areas. The observations of the Justice Department are largely valid although they address only a handful of the areas targeted for reform by the Miami Police Department. Immediately upon my appointment as Chief of Police, and prior to receiving the letter from the Department of Justice, I ordered a comprehensive self -evaluation of all the policies and practices of the Miami Police Department. I have assumed a personal role in assisting my staff in the development of key policy areas such as training, the use of force and integrity precautions. For instance, we have developed or are in the process of developing new policies or guidelines on critical issues including deadly force, less than lethal force, Taser usage, force reporting, police shooting investigations,. frea. s discharge reviews, civilian complaints, early warning systems and handcuffing. In addition to the sampling of policy changes described above, the Internal Affairs Division is now commanded by an Assistant Chief, Louis Vega, giving that vital position the prestige and autonomy necessary for undertaking serious efforts at preventing and rooting out misconduct Chief Vega has also been given a seat at the Police Department's Policy Review Committee to ensure that integrity concerns are paramount .ACnindryn ofSiw! s Larry R. Handfield Civilian Investigative Panel Page 2 in the development of all new policies. I know you are well aware of Chief Vega from his active involvement with the Civilian Investigative Panel. Thank you again for your letter and please feel free to contact me if you or the Panel wish to meet to discuss this or any other matter in greater detail. I look forward to working with the Panel towards our mutual goal of establishing the most effective and professional of police departments. JFT:JMG:mvr Sincerely yours, 4/ 1 f� lm F. Timoney hief of Police Submitted Into the public record in connection with item mac. 1 on q-14- 05 Priscilla A. Thompson City Clerk jOHN F. TIMONEY Chicle!' Police Shirley Richardson Executive Director Civilian Investigative Panel 155 South Miami Avenue, PH1-B Miami, FL 33130 Dear Director Richardson, u f glian-t- pgawik) NOV 13 2003 CIVILIAN INVESTIGATIVE PANEL JOE ARRIOIA City Manager Submitted Into the public record in connection with item k on LI - as Priscilla A. Thompson City Clerk Please express my appreciation to the Civilian Investigative Panel for the opportunity to meet this week. My command staff and I are committed to developing a mutually beneficial relationship between the CIP and the Miami Police Department based on openness, cooperation and trust. Once the all - consuming FTAA meetings have concluded, I look forward to the opportunity to meet again with the Panel to provide an overview of our comprehensive efforts to reform the Police Department. In that regard, please share with the Panel the attached Use of Force policy developed over the recent months by the Miami Police Department. A summary is. also attached that outlines the dramatic changes implemented in this new policy. Thank you again and please feel free to contact me if I can ever be of assistance. Sincerely, hn F. T►money Chief of Police c: Assistant Chief Louis A. Vega, Internal Affairs Division Assistant City Attorney George K. Wysong, III, Police Legal Counsel 4NGES TO USE OF FORCE POLI Old Policy Officers of the Miami Police Department are prohibited from using deadly force against any person, including fleeing felons, except as necessary in self-defense or the defense of another person when those officers have a reasonable belief that they or another person are in imminent danger of death or serious physical injury. When the decision is made to use deadly force, officers must cease its application when they no longer have a reasonable belief that they or another person are in imminent danger of death or serious physical injury Did not contain a "duty to intervene" clause Under, the Drawing of Firearms Section, officers had to maintain their trigger finger outside the trigger guard "Unless imminent danger or expected deadly force resistance exists, officers will maintain their trigger finger outside the trigger guard (before an officer places his finger on the trigger, he must have identified a target and be able to articulate the possible immediate need to use deadly force)" Submitted Into the public record in connection with item'13L• \ on q -'I y - as Priscilla A. Thompson City Clerk New Policy The most serious act in which a police officer can engage is the use of deadly force. The authority to carry and use firearms in the course of public service is an enormous responsibility. Respect for human life requires that, in all cases, firearms be used as a last resort, and then only to protect an officer or another person from imminent danger of death or serious physical injury. Officers should use only the minimal amount of force necessary to protect human life. Where feasible, and consistent with personal safety, some warning, such as "POLICE -DON'T MOVE," should be given. Deadly force is never justified in the defense of property. Above all, the, safety of the public and officers must be the overriding concern whenever the use of firearms is considered At the scene of a police incident, many officers of the department may be present and some officers may not be directly involved in taking police actions. However, this does not relieve any officer present of the obligation to ensure that the requirements of the law and the Department regulations are complied with. Officers are required to maintain control or intervene if the use of force against a subject clearly becomes excessive. Failure to do so may result in both criminal and civil liability. EXCESSIVE FORCE WILL NOT BE TOLERATED. Officers at the scene of a police incident must: 1. Immediately establish firearms control 2. Use minimum necessary force 3. Employ non -lethal alternatives, as appropriate. Officers must keep finger off trigger until necessary to fire the weapon: unless imminent danger, of death or great serious physical injury exists officers shall maintain their trigger finger outside the trigger guard (before an officer places his finger on the trigger, he must have identified a target and be able to articulate the immediate need to use deadly force). r NGES TO USE OF FORCE POLE' Old Policy . Talked about a Control of Persons Report and others. Under the Drawing of Firearms Section, "The hammer of a revolver or semi- automatic pistol will not be drawn back to the single action firing position except when cleaning or disassembling the weapon or when authorized in special tactical operations" Even when deadly force is justified, members are prohibited , from discharging their firearms under the following circumstances: As a warning When there is unreasonable risk to the safety of persons other than the subject At a moving vehicle unless the officer has exhausted all means possible to remove them selves from the pathway of the vehicle and the officer has determined that shooting the driver of the vehicle is the only action the officer can take to prevent the imminent danger of death of serious physical injury to the officer or another person . Submitted into the public record in connection with item a_•_ on Priscilla A. Thompson City Clerk New Policy We have combined all the reports (Taser, OC, Control of Persons, etc.) into one report which is called the Response to Resistance Report The hammer of a revolver or semi -automatic pistol will not be drawn back to the single action firing position except when cleaning or disassembling the weapon. Police Officers are prohibited from firing warning shots Police Officers are prohibited from discharging their firearms when doing so will unnecessarily endanger innocent persons Police Officers are prohibited from discharging their firearms at or from a moving vehicle unless deadly force is being used against the police officer or another person present, by means other than a moving vehicle Police Officers are prohibited from discharging their firearms in the defense of property " Police Officers are prohibited from discharging their firearrns to subdue a fleeing felon who presents no imminent danger of death or serious physical injury to them or to another person present Police Officers are prohibited from discharging their firearms at a dog or another animal except to protect them or another person form imminent danger of death or serious physical injury and there is no other reasonable means to eliminate the threat Police Officers shall not unreasonably place themselves in a position where a threat of imminent danger of death or serious physical injury is created when attempting to approach, C ',NGES TO USE OF FORCE POLIC CHANGES IN DEFINITIONS •Old Policy Reasonable belief is defined as when an individual believes, that a given 'fact, or combination of facts exist, and that the circumstances, which he/she knows, or should know, are such, as to cause a reasonable person to believe is true Serious physical injury includes, but is not limited to, an injury • which creates a substantial risk of death or serious personal disfigurement, disability, or protracted loss or impairment of the functioning of any organ or part of the body Imminent danger in self-defense, this term means immediate and unavoidable danger that must be instantly met in self defense or in the defense of another person Did not define Last Resort - Shooting Team investigation led by Homicide Unit. . Submitted Into the public record in connection with item- on u - iy-a! Priscilla A. Thompson City Clerk New Policy Reasonable belief; In determining whether a "reasonable belief' exists, the standard is whether a reasonable police officer in the same circumstances and experiencing the same informational input would feel the same level of danger and the same need to use force Serious physical injury Serious physical injury includes, but is not limited to, an injury which creates a substantial risk of death or serious_ personal disfigurement, disability, or protracted loss or impairment of the functioning of any organ or part of the body Imminent danger/threat means immediate danger that must be instantly met in self- defense or in the defense of another person Last resort means that all practical methods available to the officer to avoid using deadly force have been exhausted. Depending on the tactical situation, these means may include verbal commands (i.e., "STOP POLICE"), foot pursuit, use of a lesser level of necessary force, establishing a perimeter, etc.) when these means can be accomplished without endangering the officer or the public Shooting Team investigation led by Internal Affairs Division. ANGES TO USE OF FORCE POL: Submitted Into the public record in connection with item •on q- 1 q o s Priscilla A. Thompson City Clerk We have also revised the Response to Resistance Matrix so that it now includes when to use the Taser, CC etc. Below are the old version and the revised version. • e AGGRAVATE° PHYSICAL 5 AGGRESSIVE PHYSICAL 1 ACTIVE PHYSICAL S PASSIvE PH'rSICAI. 7 VERBAL 1 PRESENCE Po, re pPPPP •n ..KI r>• Gn.Gen let Karl. ). I a! The Old Matrix RECOMMENDED RESPONSE TO RESISTANCE MATRIX �.W .�� ..���n mem- .. mnonoo n > 0 i 1 2 S331A30 JNIVVIS3V 1VH131 SS31 i z 0 D f141.400 3 WW1 4 n .1• )7. a• I w..•. •1 C.w .I 3 RECOMM ENDED RESPONSE LEVELS The New Matrix Recommended Response to 6w j00 4 R E 5 T A N C E L E V E L 5 ■ISc.I�� Q� 3 =BIM MINIM 2 v- t-1511J MINIM 1 r----p0 EMS 0 4 `ate' • Resistance Matrix UFA 4 MA E ®®®®®® EA ®®®11®® ® plogi m mi NOILYII3Yd']NI Training Departmental Order 2 Chapter 6 USE OF FORCE Section 6.1 Policy 6.2 Organization 6.3 Responsibilities 6.4 Procedures Submitted Into the public record in connection with item . on q-lL1-or Priscilla A. Thompson --�-_ City Clerk 6.1 POLICY: The Miami Police Department recognizes the value of human life and is committed to respecting the dignity of every individual. The primary duty of all officers of the department is to preserve human life. 6.1,1 Use of Force Generally — "Minimum Necessary Force" It is the policy of the Miami Police Department that officers shall use only the minimum amount of force that is necessary to effect an arrest, apprehension, or physically control a violent or resisting person. 6.1.2 Deadly Force The most serious act in which a police officer can engage is the use of deadly . force. The authority to carry and use firearms in the course of public service is an enormous responsibility. Respect for human life requires that, in all cases, deadly force be used as a last resort, and then only to protect an officer or another person from imminent danger of death or serious physical injury. Officers should use only the minimal amount of force necessary to protect human life. Where feasible, and consistent with personal safety, some warning, such as "POLICE -DON'T MOVE," should be given. If appropriate, officers should employ non -lethal alternatives prior to utilizing deadly force. Deadly force is never justified in the defense of property. Above all, the safety of the public and officers must be the overriding concern whenever the use of deadly force is considered. Therefore, it is the policy of the Miami Police Department that officers are prohibited from using deadly force against any person, including fleeing felons, except as necessary in self-defense or the defense of another person when those officers have reasonable belief that they or another person are in imminent danger of death or serious physical injury. When the decision is made to use deadly force, officers must cease its application when they no longer have a reasonable belief that they or another person are in imminent danger of death or serious physical injury. 6.1.3 Duty to Intervene At the scene of a police incident, many officers of the department may be present and some officers may not be directly involved in taking police actions. However, this does not relieve any officer present of the obligation to ensure that the requirements of the law and the Department regulations are complied with. Officers are required to maintain control or intervene if the use of force against a subject clearly becomes excessive. Failure to do so may result in both criminal and civil liability. EXCESSIVE FORCE WILL NOT BE TOLERATED. 6.2 ORGANIZATION: The Use of Force policy and procedures are mandated for all sworn officers of the Miami Police Department. 6.3 RESPONSIBILITIES: It is the responsibility of all sworn officers of the Miami Police Department to adhere to this policy. It is the responsibility of all commanding officers to insure that all sworn officers in their command are informed, trained and in compliance with these policies and procedures as stated. Submitted Into th public record in connectlun with item • , on y-/s/ -os Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 6.3.1 It is the officer's responsibility to notify the supervisor that force (specified in 6.4.2) has been used. This should be done immediately and, if possible, while the officer is still at the scene of the incident. 6.4 PROCEDURES GOVERNING THE USE OF FORCE: 6.4.1 Using Force Officers shall only use such force as is reasonably necessary and authorized to effect an arrest or defend themselves or others. The level of force used should be consistent with the subject's level of resistance and in accordance with the Use of Force Matrix handout provided in Departmental Order 2, Chapter 6.4.1.1. 6.4.1.1 Use of Force/Levels of Resistance Matrix (Resistance Levels) Recommended Response to Resistance Matrix o • © o woo 6'np a,W ■D 0 !I 0 aes. a ®� Yhyslcal 4 .4■0 3 .by/slpl ■■ 2 vot ■0 1 PmlevicAl■151 1511/1111 0El■ El 1111110 000 °a 000, sue' a C 12®�®� �.! `__ aye 1111151111151100 !J■FAVAVMA fw ■ III ooa�o� ■ III III L►i■■■■■ ■ II III !2■■■■■ ■ IIII I 6.4.1.2 Presence: A subject is present, on the scene, involved in suspicious activity. 6.4.1.3 Verbal Resistance: A subject may verbally refuse to comply with an officer's request or attempts to control the situation. The subject may threaten the officer with further resistance. Or, the subject may not respond to. the officer. 6.4.1.4 Passive Physic& Resistance: A subject physically refuses to comply or respond. He/she does not make any attempt to physically defeat the actions of the officer but forces the officer to employ physical maneuvers to establish control. 6.4.1.5 Active Physical Resistance: A subject makes physically evasive movements to defeat an officer's attempt at control. This may be in the form of bracing or tensing, attempts to push/pull away or not allowing the officer to get close to him/her. Submitted Into the public record in conn ion with item DT• on 14- 14-os Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 6.4.1.6 Aggressive Physical Resistance: A subject makes overt, hostile, attacking movements, which may cause injury, but are not likely to cause death or great bodily harm to the officer or others. 6.4.1.7 Aggravated Physical Resistance: A subject makes overt, hostile, attacking movements with or without a weapon with the apparent ability to cause death or great bodily harm to the officer or others. 6.4.1.8 Officer Response Levels: 6.4.1.9 Levet 1 — Officer Presence — Arrival: The officer is present on the scene. This includes proper voice and/or other identification, body language and awareness by the subject that he/she is dealing with an officer. Interview Stance: The officer adopts a stance outside of his/her danger zone that provides appropriate protection and forms the basis of an effective physical response if attacked. In such a stance, the firearm or strong side leg is back; the non -firearm or weak side leg is forward; the feet are about shoulder width apart; knees slightly bent giving balance, control, and a lower body center of gravity; equally distributed body weight; and the hands are up for guarding the upper body. 6.4.1.10 Level 2 — Communication — Dialogue: A two-way, controlled, non -emotional communication between the officer and subject, aimed at problem identification and/or resolution. Verbal Direction: An officer tells or commands a subject to engage in, or refrain from a specific action or non -action. Touch: An officer employs a soft assisting touch to comfort, console, or to obtain the attention of a subject or citizen in a non -confronting situation. 6.4.1.11 Level 3 — Physical Control — Restraint Devices: Mechanical tools used to restrict a subject's movement and facilitate searching; such as, handcuffs, flex cuffs, leg irons, belly chains, optional nylon, restraining device, etc. Less Than Lethal Force: Techniques used to control a subject when a threat to assault an officer or citizen: 1. Physically resist arrest; 2. Verbal dialogue has failed to bring about compliance; 3. The subject has signaled his intention to actively resist the officer's effort to make a lawful arrest. Restraint Devices: OC spray, M-26 Taser, Asp, PR-24, handcuff, hands, and kinetic energy impact projectiles (bean bags, stingers, pepper balls, rubber batons, rubber pellets - SWAT use only). Transporters: Techniques used to control and/or move a subject from point A to point B with minimum effort by the officer in order to gain and retain control over the subject. Take Downs:. Techniques that redirect, in a controlled manner, a subject to the ground in order to limit his/her physical resistance and to facilitate the application of a restraint device. Pain Compliance: Techniques that force a subject to comply with an officer as result of the officer inflicting controlled pain upon specific points in the subject's body, such as pressure point techniques. Counter Moves: Techniques that impede a subject's movement toward an officer or others such as, blocking, striking, distracting, kicking, parrying, dodging, weaving, redirecting, or avoiding, followed by appropriate controlling techniques. 6.4.1.12 Level 4 — Intermediate Weapon - Weapon that is primarily used to control a subject such as a baton ASP or PR-24. 6.4.1.13 Level 5 — Incapacitating Control — Incapacitating: Techniques that are intended to stun or render a subject temporarily unconscious or unable to continue to resist. These techniques may be delivered with or without an impact weapon, such as a strike to a major nerve area. They may have moderate potential for physical harm. Submitted Into the bile - record in connection with item 9:fx. 1 on y,1q -Os- Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 6.4.1.14 Level 6 — Deadly Force: Techniques that may result in death, great bodily harm or permanent disfigurement, such as impact weapon strikes to head or use of firearms. Deadly Force techniques are a last resort. 6.4.1.15 The recommended Use of Force/Level of Resistance Matrix is to be used as a guideline for an officer to select effective, reasonable and legal force options in a verbal or physical encounter. As a subject increases his/her resistance level from verbal to physical, an officer may have to increase the level of his/her response until the resistance ceases and the officer is able to gain control of the subject. As soon as the point of subject compliance is reached, the officer must de-escalate his/her response level to the minimum force necessary to control the subject. 6.4.1.16 In property determining the appropriate response to a subject's resistance, several factors must be evaluated by an officer. For instance, an unarmed small framed, female, juvenile subject may be displaying Level 5 resistance, but would probably only require a Level 3 response by the average officer. On the other hand, a single officer faced with a very large professional wrestler or football player may very well find that his/her response to even mild resistance must be escalated to a relatively high point on the matrix. It. must be remembered that by law, an officer need not retreat in his/her efforts to lawfully control a subject, but may utilize the amountof force necessary to accomplish his/her task. This is not to say that a tactical retreat in the face of overwhelming odds may not be a wise choice. Officers must also be cognizant to follow the established procedures under the Crisis Intervention Team guidelines and/or Departmental Order 11, Chapter 11 for handling subjects who suffer from mental illness or emotional disorders. 6.4.1.17 Use departmentally approved and issued O.C. spray in accordance with Departmental Order 2 Chapter 12. 6.4.1.18 Use departmentally approved and issued striking instrument on portions of the subject's body other than the subject's head in accordance with Departmental Order 2, Chapter 9 (Baton PR- 24), and Departmental Order 2 Chapter 10 (Baton ASP Expandable). 6.4.1.19 M-26 Taser — Use departmentally approved and issued Taser -in accordance with Departmental Order 2, Chapter 15. 6.4.1.20 Drawing Firearms: The Miami Police Department acknowledges the practical need for officers to unholster or draw their firearms in certain situations requiring caution for the officers' safety (i.e.: building searches for burglary subjects, checking suspicious vehicles, etc.). When an officer draws a firearm, the following shall be adhered to: 1. When a handgun is drawn from the holster, the trigger finger shall be kept outside the trigger guard and parallel to the cylinder or frame. When a shotgun, carbine, or any other departmentally approved firearm is carried, the finger shall be kept outside the trigger guard and parallel to the receiver frame. 2. Unless imminent danger of death or great serious physical injury exists, officers shall maintain their trigger finger outside the trigger guard (before an officer places his finger on the trigger, he must have identified a target and be able to articulate the immediate need to use deadly force). Submitted Into the public record in connection with item br.l on H-14-os Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 3. An officer shall not have an un-holstered weapon nor be in possession of a shotgun when searching, handcuffing, or handling a subject. 4. The hammer of a revolver or semi -automatic pistol will not be drawn back to the single action firing position except when cleaning or disassembling the weapon. 5. A handgun, rifle, or shotgun muzzle will not be held in direct contact with an individual except as a last resort when the use of deadly force is justified and it is the only manner in which the firearm can be discharged without increasing the danger of death or serious physical injury to the officer or another person. 6.4.1.21 Medical Attention: In use of force incidents, both Tess than lethal and lethal, medical attention may be required. If a subject complains of pain or injury; is unconscious; or, in the opinion of the concerned officer or supervisor, has an apparent injury requiring medical attention, officers shall request a fire -rescue unit be dispatched to the scene. If a subject is injured or complains of pain or injury, a supervisor shall be requested and must respond to the scene. If there is an obvious injury, fire rescue must be called to the scene. 6.4.2 PROCEDURES FOLLOWING THE USE OF FORCE: 6.4.3 Situations Requiring A Response to Resistance Report: The Response to Resistance Report (R.F. #186) will be completed whether or not an arrest is made, under the following circumstances: 6.4.3.1 When striking, kicking, hitting a subject, using OC, Taser or K-9. . 6.4.3.2 When an officer causes an injury or death by use of force other than with a firearm. 6.4.3.3 When there is a complaint of injury and the injury is visible. 6.4.3.4 In a Category 2 Discharge of Firearm. 6.4.3.5 When an officer "hog-ties" a subject (keeping in mind the dangers of "Positional Asphyxiation" as per Departmental Order 2 Chapter 13). 6.4.3.6 When a K-9 bite occurs in accordance with Departmental Order 12, Chapter 6. 6.4.3.7 When an officer uses OC Spray in accordance with the Departmental Order 2, Chapter 12. 6.4.3.8 When an officer uses the Taser in accordance with Departmental Order 2, Chapter 15. 6.4.4 Situations Not Requiring A Response to Resistance Report: The Response to Resistance Report will not be written under the following conditions. 6.4.4.1 When the force used was routine (less force than that referenced in 6.4.3) and normal in controlling, searching, and/or handcuffing a subject and the criteria requiring a Response to Resistance Report specified in Departmental Order 2, Chapter 6 has not been met. 6.4.4.2 When the subject was injured prior to the arrest; e.g., fleeing, jumping a fence, etc. A Persons Report will be written in these instances. Submitted Into the record in connection with item ter• \ on y-14-0s Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 6.4.4.3 When the subject is accidentally injured after the arrest; e.g., injured in transport. A Persons Report will be written in these instances. 6.4.4.4 The mere use of additional restraints; e.g., Hobble, to stop the subject from damaging the police vehicle or injuring himself/herself, etc. 6.4.4.5 When a subject accidentally or purposely injures himself/herself; e.g., strikes his head against the wall, etc. A Persons Report will be written in these instances. 6.4.5 Key Elements To Be Included 1n The Response to Resistance Report: in situations as described in section 6.4.3 which require a Response to Resistance Report, one individual report will be written for each subject for whom a physical response was necessary. If more than one officer is involved in the use of force, each officer will sign each report. 6.4.5.1 Type of Incident. On the first line in the upper right-hand corner, indicate the type of original incident (B&E, Larceny, Questioning Subject, etc.); also, if a weapon was discharged (B&E/Firearms, etc.) 6.4.5.2 Photographs. Photographs of every subject must be taken showing area of injury or possible injury. Photographs of officers are mandatory when an officer is injured and the injury is visible, but are discretionary if there is no visible injury to the officer. 6.4.5.3 The Identification Unit/CSI will be responsible for documenting the injuries through the use of color photographs. The Identification Unit/CSI will maintain the negatives until such time as retention is no longer required by law, but not less than six (6) years. The reporting officer will note the number of photos taken and the photographer's P.I.N. number. (Example: 3/6280). 6.4.5.4 Reporting Officer's Narrative. Include an accurate description of force used and the justification. Only the resistance and the use of force should be described. Specific injuries should be described in detail, as well as what caused them. (Example: "After the subject swung at me, 1 struck him on the right upper thigh with my ASP.") Use such descriptive words as "punched", "scratched", "bit", "kicked", "threw to the ground", etc., if they apply. Any officer who conducts an act as described in Department Order 2, Chapter 6.4.3, is considered an "involved" officer and therefore will each review the narrative and sign the Resistance Report. NOTE: Do not include details of the arrest in the narrative prior to detailing the force used. 6.4.5.5 Supervisor's Narrative. A supervisor will respond to the scene and interview the subject and available witnesses. The supervisor shall investigate and make the narrative as complete and accurate as possible. The supervisor will include in the narrative a description of the injury; the details of the complaint of injury and to which specific part of the body; whether the subject was given or refused medical treatment [if treatment is refused, the responsibility to send the subject to Ward D (the jail clinic) or the Hospital will continue to exist if injury is apparent or claimed]; and, if known, cite the subject's past or current peculiar behavior, etc. The supervisor's narrative should primarily deal with the justification and should not repeat the officer's narrative. 6.4.6 Distribution and Content Of Response to Resistance Package: A Response to Resistance Report package shall consist of the Response to Resistance Report, all reports made relating to the Submitted Into the put-' record in connection wfo item Dr_ t on Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 incident, the ID Unit photographs of the subject and the officer (if required), and J.M.H. Medical Reports, if available. 6.4.6.1 An original and one copy will be made of the entire package. Its destination will be marked at the top center of the first page of the package. The distribution will be as follows: 6.4.6.1.1 The original will be forwarded to the Chief of Police, through channels. 6.4.6.1.2 The package containing the copies will be submitted to Internal Affairs before the end of the involved officers' tour of duty. It will be the Field Lieutenant's responsibility to review, sign, date and ensure that the report is placed inside of the Internal Affairs Response to Resistance Box. Failure to submit the copy at the end of tour of duty will result in disciplinary action. 6.4.7 PROCEDURES FOR THE USE OF DEADLY FORCE: Police Officers are prohibited from using deadly force against another person unless they have reasonable belief that they must protect themselves or another person present from imminent danger of death or serious physical injury. 2. Police Officers are prohibited from discharging their firearms when doing so will unnecessarily endanger innocent persons. 3. Police Officers are prohibited from discharging their firearms in the defense of property. 4. Police Officers are prohibited from discharging their firearms to subdue a fleeing felon who presents no imminent danger of death or serious physical injury to them or to another person present. 5. Police Officers are prohibited from firing warning shots. 6. Police Officers are prohibited from discharging their firearms to summon assistance except in emergency situations when someone's personal safety is endangered and no other reasonable means is available. 7. Police Officers are prohibited from discharging their firearms at or from a moving vehicle unless deadly force is being used against the police officer or another person present, by means other than the moving vehicle. 8. Police Officers are prohibited from discharging their firearms at a dog or another animal except to protect themselves or another person from imminent danger of death or serious physical injury and there is no other reasonable means to eliminate the threat. 9. Police Officers are prohibited from discharging their firearms when the circumstances are clearly obvious to the officer that he/she has lost visual sight of the subject or has no identifiable imminent threat.• 10. Police Officers shall not unreasonably place themselves in a position where a threat of imminent danger of death or serious physical injury is created when attempting to approach, pursue, stop a motor vehicle or armed subject. Police Officers will follow all training protocols regarding "felony stops" involving armed subjects or vehicles. Submitted Into the puL..,; record in connection with item . On g±L) Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 11. Police Officers are reminded of the potential danger while encountering emotionally disturbed individuals. For the protection of police and such persons, officers will be guided by Departmental Order 11, Chapter 11. Definitions: • In determining whether a "reasonable belief' exists, the standard is whether a reasonable police officer in the same circumstances and experiencing the same informational input would feel the same level of danger and the same need to use force. • Serious physical injury includes, but is not limited to, an injury which creates a substantial risk of death or serious personal disfigurement, disability, or protracted Toss or impairment of the functioning of any organ or part of the body. • • Imminent danger/threat means immediate danger that must be instantly met in self-defense or in the defense of another person. • Last resort means that all practical methods available to the officer to avoid using deadly force have been exhausted. Depending on the tactical situation, these methods may include verbal commands (i.e., "STOP POLICE, OR I'LL SHOOT") foot pursuit, using a lesser level of necessary force, establishing a perimeter, etc.) when these means can be accomplished without endangering the officer or the public. . 6.4.8 Discharging Weapons: These procedures shall be followed after a weapon is fired by an officer, whether on or off duty, excluding firing practice at an approved range, legal hunting, etc. The officer firing the weapon shall notify his/her respective supervisor immediately. The supervisor shall ensure the immediate notification of his/her respective Commanding Officer, the Staff Duty Officer, and Internal Affairs. If the Commanding Officer is not available, the supervisor shall notify any on -duty Commanding Officer of the Patrol Section. The full Shooting Team will be notified on all discharges of firearms except on those involving animals or accidental discharges without injuries. The scene of any discharge of firearms incident will be maintained until the on -scene investigation has been completed by the Commanding Officer, the Internal Affairs Investigator, and if appropriate, the Shooting Team. The officer(s) involved in a discharge of firearms may be asked to do a walk through with the investigators at the scene and point out any evidence or potential evidence. The officer(s) involved in a Category 4 or 5 Discharge or any other Category discharge at the discretion of the Section Commander shall be assigned to administrative duties for a minimum of 3 days. During this 3-day period, the officer will be 'required to attend Post Traumatic Counseling. The Section Commander will ensure the officer is provided with this counseling. Submitted Into the public record in connection with item • t on q-ty-oc Priscilla A. Thompson City Clerk 6.4.9. Categories/Types/and Responses/Reports: All Discharge of Firearms whether "On" or "Off -Duty" Departmental Order 2 Chapter 6 Report or Response Required CATEGORY 1 CATEGORY 2 CATEGORY 3 CATEGORY 4 CATEGORY 5 Report No Injury Accidental or Dangerous Animal No Injury Duty Related Injury Accidental Injury Duty Related Death Accidental or Duty Related Appropriate Jurisdiction Incident Report �:': •• +S,.��-.- 4.- ‘• ��R4 ,�r`i• � _ -�.4:ce: fi ti G'': oi; �. 1 . . Control of Persons NO!.YES-..'. NO NO NO Discharge of Firearm Supplementary •..• YES ': YES ... •. YES . • NO NO Shooting Team File & Supplement NO . NO YES YES YES Internal Affairs Fact Finding Report YES . YES • . YES YES YES Response Police Jurisdiction . YES . • YES . YES YES YES Chain of Command YES YES YES YES YES • . I.A. Investigator Notification/ Response -YES • . .:: YES YES YES YES Shooting Team NO NO YES YES YES • 6.4.10 Category 1: Each Category 1 discharge of firearm shall be personally investigated by an on - duty Commanding Officer and an Internal Affairs investigator. 6.4.10.1 The Commanding Officer shall submit a detailed written report (Discharge of Firearms Supplementary Report, R.F. #184) to the Internal Affairs Division through channels, which will then become part of the Discharge of Firearms Report that is forwarded to the Firearms Review Board. Report requirements are as follows: Submitted Into the public record in connection witr item `AT.i on 44-14-06 Priscilla A. Thompson City Clerk 6.4.10.1.1 All pertinent details and facts of the shooting incident. 6.4.10.1.2 A diagram of the shooting scene, except accidental shootings. Departmental Order 2 Chapter 6 6.4.10.1.3 A conclusion will not be rendered in the Discharge of Firearms Supplementary Report by the investigating Commanding Officer. The Firearms Review Board and/or other appropriate agencies will make a recommendation to the Chief of Police or whether the discharge is in compliance with Florida State Statutes, Departmental Rules and Regulations, and Departmental General Orders. 6.4.10.1.4 The internal Affairs investigator will submit a separate fact finding report, which will be routed to the Firearms Review Board. The Internal Affairs report will not render a conclusion. 6.4.11 All Discharge of Firearms Reports will be routed to the Firearms Review Board for review and conclusions. All reports will be put in packages by the Discharge of Firearms Review Board and forwarded to the concerned Division Chief and Chief of Police. 6.4.12 In the event there are multiple discharges of firearm incidents by multiple personnel, e.g., emergency situation, civil disturbances, etc., the Chief of Police may modify this procedure, if it is determined that the interest and safety of the public shall be best served. • 6.4.13 Category 2, 3, 4 or 5: If the shooting is a Category 2, 3, 4 or 5 discharge of firearm, the officer's Commanding Officer and the On Duty Homicide Sergeant shall ensure the notification of the Shooting Team Commander, Crime Scene Investigation, Risk Management, Police Legal Advisor, and the Staff Duty Officer_ (internal Affairs and the Staff Duty Officer shall be notified of all discharge of firearms regardless of. injury to persons or property). The on -duty Homicide Team will be responsible for responding, holding and containing the scene until the Shooting Team arrives. 6.4.13.1 In Category 2 shootings, a Response to Resistance Report (R.F. #186) shall be prepared and submitted, through channels, by the officer firing the weapon. 6.4.14 Composition Of The Shooting Team: The Chief of the Internal Affairs Division will designate the commander of the Shooting Team. 6.4.14.1 Lead Investigator: The Lead Investigator for the Shooting Team will be a Lieutenant from the Internal Affairs Division_ The rank of the individuals involved in the discharge may necessitate that a higher -ranking Internal Affairs Division person be the Lead Investigator. The criminal investigation responsibilities also necessitate that the Lead Investigator be the Commander of the Internal Affairs Division or designee. Unusual casesmay necessitate the assignment of a Lead Investigator, based on expertise. 6.4.14.2 Composition of Shooting Team: The Shooting Team will be led by a Lieutenant from the Internal Affairs Division. The Shooting Team will be comprised of one Internal Affairs Sergeant, one Homicide Sergeant, three Internal Affairs investigators, three Homicide Investigators and two Crime Scene Investigation technicians_ The shooting team will respond to all category 3, 4, and 5 shootings, The Internal Affairs Division will handle all category 1 and 2 shootings. The Internal Affairs Division will determine the assignment of investigative supplementary and administrative reports., All investigative and suppiementat reports will be submitted through the Internal Affairs chain of command for .review and endorsement_ Submitted Into the public record in connection with item '' • on 4-1y-o5 Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 6.4.14.3 Crime Scene Investigation Unit Supervisor. 6.4,14.4 Other Law Enforcement Representative(s): In the event that officers from any other law enforcement agency (local, state, or federal) are involved in a Category 5 Discharge of Firearms incident, a command or management level official of that agency should be on the Shooting Team. However, incidents not involving Miami Police personnel, the Shooting Team will not respond and the Homicide Unit will have the sole and primary responsibility for investigating the incident. 6.4.15 Investigative Support: The following units, details or agencies will be notified on all Category 3, 4 and 5 shootings. Patrol Commanding Officer State Attorney's Office Representative Medical Examiner's Office Representative Public Information Office Representative Police Legal Advisor 6.4.15.1 Sworn Statement Procedures: The necessity to obtain sworn statements will probably exist in all discharge situations. In these instances the Shooting Team Investigator will take sworn statements. The investigator will clearly enter into the record the circumstances under which the statement is being provided, whether voluntary, under Garrity warnings, or under Miranda warnings. NOTE: Special attention must be given to ensure the officers being interviewed understand when the Garrity rule is and is not in effect. 6.4.15.2 Persons Present During Sworn Statements: The number of persons• present at a sworn statement needs to be limited because an excessive number of people could have an adverse affect upon the statement. The following are some of the people who may or may not be present during the taking of a statement, depending on the circumstances and the discretion of the Shooting Team Commander/Internal Affairs Investigator. 1. Civilian witness or officer 2. Stenographer 3. Lead investigator 4. Assistant State Attorney 5. Officer's attorney or representative 6. Police Legal Advisor 6.4.15.3 Miranda Warnings: The Shooting Team's lead investigator will take officers' statements. If a discharge of firearm may result in a criminal case, Miranda Warnings shall be given in accordance with current case law. The fact that the officer is not compelled to give a statement and that the Garrity rule is not in effect will be clearly entered into the record. 6.4.15.4 Voluntary Statement: Any and all officers involved in a police shooting when giving a voluntary statement must be informed that the statement is not compelled, but is voluntary. The fact that the officer is not compelled to give a statement and that the Garrity rule is not in effect will be clearly entered into the record. . 6.4.15.5 Garrity Statement: Once the determination has been made that the discharge of firearm will not result in a criminal case, a "Garrity Statement" may be required. The Shooting Team may take this statement. Submitted Into the public record in connection with item r. ! on - DE Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 6.4.15.6 Officers' Attorneys/Union Representative: Preserving the integrity of the investigation is of paramount importance. Therefore, attorney/union representatives representing the officers should not be permitted to represent and converse with more than one officer. 6.4.15.7 Confer with Assistant State Attorney: The police shooting team will confer with the on scene Assistant State Attorney regularly regarding Miranda, Garrity and Voluntariness issues and other aspects of the investigation. The Police Shooting Team will also comply fully with the current written "Police Shooting Policy" issued by the State Attorney's Office and adopted by the Miami Police Department. 6.4.15.8 Taking of Firearms from Officer- With Injuries: In cases where anyone has been injured as a result of a discharge, the Shooting Team's Crime Scene Investigation Technician or designee will take the firearm that has been discharged and submit it for ballistic tests. A shooting team member will be present whenever a firearm is taken from an officer in order to account for unused rounds. 6.4.15.9 Taking of Firearms from Officer- No Injuries: In cases where no one has been injured by gunfire, a shooting team member may take the firearm that has been discharged for testing. A replacement weapon will immediately be issued to the Officer, unless otherwise determined by -the Chief of the Internal Affairs Division. 6.4.15.10 Preliminary Finding Report: In Category 3, 4 and 5 shootings, the Shooting Team shall prepare a Preliminary Finding Report within seventy-two (72) hours after beginning its investigation. 6.4.16 News Media Coordination. The Public Information Office representative will be responsible for responding to the scene of the incident, gathering information, and establishing a media contact point. The Public Information Office representative will coordinate with the Shooting Team Commander to develop all media releases. The Public Information Office will issue news releases and coordinate news media interviews on the scene and/or later. In the event that media concerns necessitate interviews or statements by persons involved in the investigation, the Internal Affairs Chief, the Criminal Investigation Chief, the Field Operations Chief, or the Chief of Police will provide such interviews or statements. The Chief of Police will designate the appropriate person to handle the interview or statement. 6.4.17 Inter -Agency and Intra-Agency Responsibilities and Coordination: 6.4.17.1 It is the duty of the Internal Affairs Division to respond to the various categories of discharges in order to coordinate the Police Department's response and to ensure that the Department's responsibilities are properly addressed. 6.4.17.2 Category 1 and 2 shootings will be investigated by the chain of command (or on -duty Patrol Commander) of the officer involved in the shooting and by Internal Affairs. 6.4.17.3 Category 3, 4 and 5 shootings will be investigated by a full Shooting Team with representatives from Homicide, Internal Affairs, the Identification Unit and possibly other law enforcement agencies, as dictated by the.seriousness of the incident. When designated as a member of a Shooting Team, all representatives are full and complete participants in the investigation. All Submitted Into the public record in connection with item a=•• I on q-14-o6 Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 Shooting Team members must be cognizant of the necessity to assume passive roles at appropriate times to fulfill requirements of law and for the preservation of evidence and investigative integrity. 6.4.17.4 The primary reporting responsibility for all discharges involving department personnel occurring outside the City of Miami jurisdiction, rests with the Internal Affairs Division. 6.4.17.4.1 Responding Internal Affairs investigators will coordinate their efforts with the lead investigator of the reporting jurisdiction. 6.4.18 in Police Custody Death: An "In Police Custody Death" will be handled in the same manner as a Category 5 Discharge of Firearm. Any officer involved in an "In Police Custody Death" incident shall be reassigned to administrative responsibilities for a minimum of 3 days or until such time that it has been determined that the officer is cleared to return to regular duty. Only a Chief may authorize the officer's return to regular duty. 6.4.18.1 Complete in -custody death investigations will be routed for review as a normal administrative investigation. The investigative package will not be forwarded to the Discharge of Firearms Advisory Committee. 6.4.19 Discharge of Firearms Committee: 6.4.19.1 As soon as practical after the completion of the Supplementary Discharge of Firearms Report (R.F. #184) and the Internal Affairs Report, the Division Chief of the Field Operations • Division will convene a Firearms Review Board. 6.4.19.2 The committee will be comprised of the following personnel: 6.4.19.2.1 The Chief of the Field Operations Division, Chairperson. 6.4.19.2.2 The Chief of the Administration Division. 6.4.19.2.3 The Chief of the Investigations Division. 6.4.19.2.4 The Legal Counsel (Assistant City Attorney) of the Chief of Police. 6.4.19.2.5 The Commander of the Training Unit who serves in an advisory capacity. • 6.4.19.2.6 If a Division Chief is unable to attend,•he)she may appoint a Major from his/her division to represent him/her on the committee. 6.4.19.3 The committee's purpose will be as follows: 6.4.19.3.1 To determine if the discharge of firearm is in compliance with the Florida State Statutes; Civil Service Rules and Regulations; and Departmental Rules and Regulations, Orders, S.O.P.'s, policy and training. 6.4.19.3.2 To determine if the Departmental Rules and Regulations and Departmental Orders provided adequate direction given the circumstances of the discharge. 6.4.19.3.3 To reach and document their conclusions and recommendations and forward a final report to Internal Affairs for distribution. Submitted Into the record in connection with item zi$-• II on y-,',-os- Priscilla A. Thompson City Clerk Departmental Order 2 Chapter 6 6.4.19.3.4 If disciplinary action involves or calls for termination, the officer's Commanding Officer will relieve him of duty with pay until the disciplinary process is completed. The officer will be reassigned to an administrative task until a final determination is made, however the Chief of Police may provide other assignments or direction regarding the officer's status. 6.4.19.3.5 If the discharge is found justified, the officer shall be returned to normal duty as quickly as possible. 6.4.19.3.6 The Division Chief will personally review the case and make the necessary reassignment decisions. 6.4.20 Unauthorized Discharge of Firearms Penalty Schedule: The following is the recommended minimum discipline schedule for a first offense, unauthorized discharge of firearms by department personnel. A second offense will automatically double the recommended discipline in the category it falls, except Subsection 6.4.20.6 where dismissal will be recommended. 6.4.20.1 Reasonable Action - Careless No One Placed in Danger 6.4.20.2 Reasonable Action - Careless Someone Placed in Danger 6.4.20.3 Reasonable Action - Careless Someone injured 6.4.20.4 Unreasonable Action - Careless No One Placed in Danger 6.4.20.5 Unreasonable Action - Careless Someone Placed in Danger 6.4.20.6 Unreasonable Action - Careless Someone injured REPRIMAND + 20 HOURS FORFEITURE REPRIMAND + 40 HOURS FORFEITURE REPRIMAND + 80 HOURS FORFEITURE REPRIMAND + 80 HOURS SUSPENSION REPRIMAND + 120 HOURS SUSPENSION DISMISSAL JOHN F. TIMONE). Chief of Police (fritu of Alum; 15mlirvtED DEC 1 5 2003 CIVILIAN INVESTIGATIVE PANEL Mr. Alex Acosta Assistant Attorney General Civil Rights Division 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Dear Mr. Acosta: JOE ARRIOLA City Manager Submitted Into the public record in connection with itembr. on N- iq-os Priscilla A. Thompson City Clerk As part of the Miami Police Department's ongoing review of its policies and practices, we have undertaken a thorough examination of the Canine Detail. Our review included careful consideration of the canine -related issues raised in the Department of Justice's preliminary findings report issued on March 13, 2003 as part of a review of the Miami Police Department's policies and practices as requested by the City of Miami. The Miami Police Department has adopted a number of new canine policies and has amended other policies to more accurately reflect the practices of the Canine Detail. The Canine Detail has a proud history in the Miami Police Department. In the past year since I was appointed Chief of Police, I have observed the Canine Detail provide invaluable contributions to the Police Department's crime -fighting efforts. The Canine Detail frequently assists in "perimeter" searches for fleeing subjects and many dangerous criminals have been apprehended because of the efforts of our canines and their ski[led handlers. In this post-9/11 world, the Police Department must increasingly depend upon the Canine Unit's ability to detect explosives and other hazardous materials. En short, there is a clear and necessary role for canines in the policing business. As you will note from the attacheddocumentation, the Miami Police Department has greatly reformed and clarified its canine policies since the review conducted by the Department of Justice. The Police Department has neither a "find and bite" nor "find and bark" policy as discussed in the 'aforementioned report of March 13. The Canine Detail has now memorialized their "Handler Control" policy. The Handler Control policy is an industry standard that recognizes that different circumstances require different force levels. The handler is trained to understand what level of force is necessary in a given zoo Mr. Alex Acosta Assistant Attorney General Submitted Into the public record in connection with item Dx• I on '-1y -Ds Priscilla A. Thompson City Clerk Page 2 instance and there are several levels of supervisory review. Other changes include a clear specification of the limited occasions when a search for a subject may be undertaken by a canine unit, the requirement of multi-lingual warnings before such a search and more formalized training on canine procedures for all police officers. The Police Department has also developed a more narrow definition of what entails a canine apprehension to ensure an accurate canine bite ratio. This refined ratio will provide the basis for more regular supervisory review of canine bite incidents. The early results of these efforts are promising as the total number of canine bites in 2003 has been reduced by approximately 50% from the 2002 figures. The reform of the Miami Police Department is an ongoing process. We will continue to update the Department of Justice on our progress and we welcome any further comments. Please do not hesitate to contact me if you have questions or concerns on this or any other matter. S incerely, ohn F. Timoney 7 Chief of Police c: Honorable Mayor and Members of the City Commission, City of Miami Joe Arriola, Chief Administrator/City Manager, City of Miami Shanetta Brown Cutlar, Chief of Special Litigation, Civil Rights Division George Wysong, City of Miami Police Department Counsel Lieutenant Al Cotera, President, Fraternal Order of Police Shirley Richardson, Executive Director, Civilian Investigative Panel CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Frank G. Fernandez ° Deputy Chief Field Operations Division • r Adar&.L. Btkf fi, 1I Commander Field Support Section September 16, 2003 DATE FILE: Response to D.O.J. Investigation of Canine Detail Submitted Into the public record in connection with item Tsr. \ on 4-14-os Priscilla A. Thompson -----___._...-------..... - -'- _._.._ _ Clta[Clerk The following are my recommendations in response to the March 13, 2003, investigation of the Miami Police Department Canine Detail by the Department of Justice. Attached are copies of the amended related Departmental Orders and S.O.P.'s. 1. Lack of clear definition of the Department's canine handling policy. • The Department has always had a clear canine handler methodology, however it was not defined in either the Departmental Orders or the Canine Detail's Standard Operating Procedures. The Policy Review Committee recently approved our handler methodology, which is a" Handler Control" policy. It has been added to the Canine section of the • Departmental Orders, (12.6.4.1.). 2. Conflict between Departmental Order 12.6.4.6.2 and the use of canine teams as hivh visibility deterrent at events with larize crowds, i.e., Miami Hurricane football games. This has already been corrected. Canine teams no longer work these events. Departmental Orders were also modified. 3. Conflict between Departmental Order 12.6 and Canine Detail S.O.P. 5 in the utilization of canine teams. The Departmental Orders (12.6.4.2) have been amended to the more restrictive S.O.P. 5. 4. Updating the Departmental Orders to include the verbal warnings given before the release of a canine during building searches. Canine Detail S.O.P. 5 Section E "Building Searches" has been updated to reflect their concerns. 5. Recall of an off leash canine during a chase, when the suspect has stopped resisting. Updated the Canine Detail S.O.P. 5 (H) requiring canine handlers to recall their canine as soon as the suspect stops resisting and no longer poses a threat. 6. Definition of a canine apprehension. Updated the definition of an apprehension in Canine Detail S.O,P.s The Duties and Responsibilities of a.Cat ner'!.►betto>a-4II ). l!' ` 2 'hi1'J i • 7. Patrol Supervisors and Officers in need of formal training in Canine Procedures. Starting with the 2004-2005 Survival School schedule, the Canine Detail will have a one (1) block of instruction to address this concern. (See attached course outline.) 8. Canine supervisory review of apprehensions. The Canine Detail S.O.P.s "Canine Sergeant's Duties and Responsibilities" subsection, I Q, have been updated to include this report and several others. 9. Review of bite ratios by Canine Supervisors Monthly review of the previous three (3) month bite ratio of each canine team and meetings will be held with any handler with a ratio of 20 % or greater. Updated Canine Detail S.O.P.s "Canine Sergeant's Duties and Responsibilities" subsection 1, (R ). 10. Policy governing canine searches for known juvenile offenders. Departmental Orders were updated adding a prohibition against searching for known juvenile offenders unless it is a violent persons crime, i.e., Homicide, rape, or armed robbery. By making these changes, 1 feel we will be in compliance with the concerns the Department of Justice expressed in their recent review of the Department. Submitted Into the public record in connection with item Dr. 1 on i os Priscilla A. Thompson City Clerk ritg 4lian SHIRLEY E. RICHARDSON Executive Director September 17, 2004 John Timoney, Chief of Police City of Miami Police Department 400 NW 2 Avenue Miami, Florida 33128 Dear Chief Timoney: LARRY R. HANDFtELD Chairperson Submitted Into the public record in connection with item y - g . Priscilla A. Thompson City Clerk In an effort to research and render a determination of police actions taken during the Free Trade of the Americas Summit (FTAA) held in Miami, November 2003, the Civilian Investigative Panel (CIP) designated subcommittees to review all aspects of the FTAA. Towards that end, a subcommittee -charged with reviewing/assessing the effect (if any), of the findings and recommendations' of the United States Department of Justice " (DOJ) Report on the policies governing the use of force by Miami Police Department (MPD) personnel was created: The Subcommittee seeks to confirm any and all revisions resulting from and/or related to DOJ findings/recommendations and their effective dates. The CIP further requests an explanation for the MPD's disregard of the CIP legislative mandate requiring the department to transmit proposed policy changes to this office "30 days prior to implementation." (Refer to City of Miami Ordinance No. 12188 — attached). The following briefly outlines the efforts of the CIP to identify the contents of the current Departmental Orders (DO's), track policy changes related to •the Department of Justice Report and any other policy changes made by the MPD. A letter requesting your written response to the concerns outlined by the DOJ was sent on May 29, 2003. Your response indicated that the review of select policies and operations of the MPD was at the invitation of the Mayor, and you interpreted the DOJ review to be "ongoing" and that no conclusions had been "drawn". Also, you described "a comprehensive self -evaluation of all the policies and practices of the Department". as being underway. On November 13, 2003, we received a letter with the Use of Force policy recently developed by the MPD (see attached). The revisions appear to have been incorporated in DepartnnentaI Order 2, Chapter 6, with an apparent effective date of 10/20/03: There was no indication as to whether these revisions were made in response to the DOJ report, nor were these changes discussed with the CIP prior to being implemented. On December 15, 2003, the CIP received a copy of a MPD letter to the DOJ along with a memorandum dated September 16, 2003. The latter was affixed to what appears to be revisions to. Standard Operating Procedures and Departmental Orders dated September, 2003 referencing changes in procedures governing the use of canine teams. (The use. of canines was the subject of Findings 3 through 12 of the DOJ report.) Again, the CIP was not notified of these changes prior to their implementation. In April of 2004, at the request of the CIP, Internal Affairs provided the office with two sets of Departmental Orders updates: December, 2002 and March, 2003. Missing were revisions dated 9/03 and 10/20/03, as referenced and described in the preceding two paragraphs of this letter. Please therefore provide verification of the referenced changes, confirmation as to distribution, a complete copy of updates subscripted 09/03, and 10/20/03 and all other updates to the DO's after February 14, 2002 (date of ratification of CIP Ordinance). Kindly also provide us with copies of any new, written directives that have been created/distributed, in response to any of . the other Findings and Recommendations in the DOJ report. As previously stated, please include in your response an explanation regarding the .,-MPD's exclusion of this office from the policy revision process. ,Your prompt attention to this matter is appreciated. Larry Handfield CIP Chairperson Attachment C: Levine & Finger, CIP Independent Counsel CIP Members . Submitted Into the public record in connection with item ' • on 4--ILI-05 Priscilla A. Thompson City Clerk 1/4Eitu- 4aiamL SHIRLEY E. RICHARDSON Executive Director December 3, 2004 John F. Timoney, Chief of Police City of Miami Police Department 400 NW 2nd Avenue Miami, FL 33128 Dear Chief Timoney: TARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item -z. on y-i9-os Priscilla A. Thompson City Clerk Via Hand Delivery . . Attached please find a preliminary review of Departmental Orders, December 2004 Supplement. A complete analysis of the revisions is forthcoming. We look forward to your expeditious response to requests for information, observations and recommendations included therein. Questions regarding this preliminary report may be directed to UP Executive Director Shirley E. Richardson at (305) 579-2444. Sincerely, Larry R. Handfield, Chairperson Civilian Investigative Panel LRH/SER/adb CIVILIAN INVESTIGATIVE PANEL 155 South Miami Avenue, Penthouse 1-B / Miami, Florida 33130 / (305) 579-2444 / Fax: (305) 579-2436 Submitted Into the public record in connection with item 'am \ on Priscilla A. ThompsoniClerk CIVILIAN INVESTIGATIVE PANEL Preliminary Review of Revisions to MPD Departmental Orders Supplement December, 2004 BACKGROUND On November 4, 2004 Miami Police Department (MPD) Legal Advisor George Wysong met with Civilian Investigative Panel (CIP) staff to discuss various issues relating to the CIP investigation of law enforcement actions leading up to and throughout the Free Trade of the Americas Ministerial Conference (FTAA). Outstanding responses to CIP concerns and requests for information were the focus of the meeting. Among the concerns was the implementation of revisions to MPD policies and procedures without CIP notification and input as provided for in City of Miami Ordinance No. 12188. During and at the conclusion of discussions, Mr. Wysong asserted that he would follow through on outstanding items and has in fact provided the CIP with a VHS tape and CD-ROM outstanding from an earlier request. Among other still outstanding items are responses to letters seeking information concerning the content of various training courses provided to law enforcement participants prior to FTAA, and a response to inquiries regarding MPD's position on the US Department of Justice March, 2003 Findings and Recommendations. ANALYSIS 1. At the November 4th meeting, Mr. Wysong delivered to the CIP a shrink-wrapped packet (136 documents) of revisions to the Departmental Orders. He indicated that consistent with the provisions of Ordinance 12188, the Department would wait for thirty days prior to implementing the changes. Police Department personnel would thus be instructed to make a pen change to the implementation date of "06/04" to reflect "12/04". This was to be communicated through "Revised Instruction Sheets", the first of which has "December 2004" in its header, and in which the necessity to do this is explained thus: "These changes are being made in response to Miami City Ordinance No. 12188, which requires a review of new or revised policies and procedures by the Civilian Investigative Panel, prior to implementation." This explanation, however, lends itself to possible misinterpretation as to the cause of the delay. Request/Recommendation: That the MPD reflect in its records that the delay in implementation to December 4th was not caused by the CIP or the Ordinance requirement but in its untimely submission to the CIP. 2. In attempting to analyze the revisions, the CIP found that the process of tracking and identifying changes was unnecessarily tedious. The CIP was not provided with a "struck/underlined" format, thereby requiring a word-for-word comparison of voluminous documents. Submitted Into the public record in connection with item on y-)4--os- Priscilla A. Thompson City Clerk Request/Recommendation: To ensure a more efficient process, revisions and accompanying documents should be submitted to the CIP as follows: I. In a "struck/underlined" format. (Copies in such format for revisions made in 2003 and 2004 would facilitate our current updating and evaluation efforts.) II. Copies of the Policy Review Committee (PRC) minutes since January 2003, and all subsequent minutes as they are completed. III. Revisions to Departmental Orders upon approval by the PRC. IV. CIP access to the on-line Departmental Orders. 3. Given the delay in receipt of the proposed changes and the volume of documents, the CIP provides herein the preliminary results of its review to be followed by a final report of recommendations on all D.O. revisions submitted in the December 2004 Supplement. Requests/Recommendations: The CIP offers the following observations and recommendations: I. That the MPD revisit and ensure consistency in its instructions for officers as regards to firearms which may be found in at least three separate areas: D.O. 1, Chapter 11, Section 6, General Rules of Conduct, Paragraph 21, Firearms and Weapons; D.O. 6, Chapter 21, Procedures Governing the Use of Force; and D.O. 6, Chapter 13, Firearms Procedures. The instructions concerning the shooting of animals, and the restrictions on the discharge of firearms at or from moving vehicles appear in the new 2004 revisions of D.O. 6, Chapter 21, however, the guidance therein reads differently from that which is given in D.O. 1, with language that goes back at least to 2002. II. Passages .appear in several sections of the Departmental Orders referring to the Office of Professional Compliance (OPC). In other areas, OPC involvement has been struck. Where applicable, all references to the OPC should be struck and replaced with the "CIP". Additionally, powers, duties and authority specific to the CIP must be incorporated in the D.O's. The CIP requests early discussion and input in these revisions. III. The CIP should be included in D.O. 1 discussion and flow chart of the Departmental Order Review Process. IV. As a long term recommendation, the CIP encourages the MPD to explore development of a computerized system for the delivery of departmental directives, which may include the following features: 2 a) Requirement for each officer to log on to the computer prior to reporting to the field, or for off -duty employment in an official capacity, for purposes of checking for revisions to directives. b) Delivery of on-line of changes in "struck/underlined" format so that officers may readily discern the revision(s). c) Required acknowledgement by the officers as to receipt of revisions. d) Immediate testing as to the understanding of the instructions altered, the results of which should be recorded, and provide instantaneous feedback to the officer. If an answer is incorrect, an explanation should be given which will require acknowledgement, followed by a re -test until the correct answer is given. The recording of the testing results may be useful in identifying officers who may have a difficulty or in identification of ambiguous language. It may also be helpful in some future due diligence argument. e) Publication in revised format, to be printed or emailed to an accessible destination. 4. It is the understanding of the CIP that a major revision of the Departmental Orders is underway, which will feature significant reformatting and redesign. The prospect of CIP review of such an ambitious overhaul within 30 days is a daunting one. Request/Recommendation: Upon initiation of any such review by the MPD, CIP requests that the MPD provide completed D.O. revisions by section to the CIP Executive Director as expeditiously as possible so as to ensure a timely and thorough review. LRH/SER Submitted Into the public* record in connection with item 1-) on q-lq -os Priscilla A. Thompson City Clerk 3 COMPLAINTS SUBCOMMITTEE REPORT INTRODUCTION Submitted Into the public record in connection with item 4a-. i on K^ i 4.- o Priscilla A. Thompson -y -_. City Clerk The Complaints Subcommittee is one of four Subcommittees created by the CIP to review law enforcement actions in preparation for and during the 2003 FTAA Summit. The members comprising this Committee are CIP Assistant Chairperson and Subcommittee Chair Janet McAliley; CIP Secretary Thomas J. Rebull; and Dr. Tangier Scott. They have spent numerous volunteer hours reviewing evidence and materials relating to police and community actions and reactions to the FTAA demonstrations. Tanya Brinkley, appointed to the Board in January 2005, is the newest member of the Subcommittee. This Subcommittee was charged with the responsibility of reviewing and analyzing the nature, substance, investigation and findings of each FTAA complaint received by the CIP. Recognizing that the FTAA event involved many large-scale issues that could overshadow the more personal concerns of individual complainants, the Subcommittee's focus was to provide an opportunity for concentration on investigation and review of each individual complaint, while providing an opportunity to review for any systemic problems. The Subcommittee's purpose and function was, in many respects, different from those of the other three Subcommittees. Nonetheless, this Subcommittee worked in conjunction with the others to make F/R that may relate to such matters as personnel management, crowd control, communications, civil rights protections, and community relations. The Subcommittee's F/R are intended to provide data for inclusion in the comprehensive CIP report on the FTAA and assist in identifying policy or procedural issues that may require further review by the other Subcommittees, the Panel, or the MPD. Documents referenced in this Subcommittee's report are set forth in the Appendix. METHODOLOGY The Subcommittee's first plan of action was to carefully read, understand, and categorize each individual complaint, in anticipation of and in preparation for investigations to be conducted by CIP independent investigators. It then requested and obtained information from the MPD on its policies and operating procedures relating to issues and concerns arising from the complaints. Additionally, the Subcommittee's intent was to review the MPD's Report on the FTAA, Operational Plan in effect during the FTAA protests, and any other investigations conducted by the MPD and other law enforcement agencies and organizations. The Subcommittee's F/R will be submitted to the full Panel for review and incorporation into a comprehensive CIP report. To date, the MPD's Operational Plan has not been provided to the CIP or any of its Subcommittees. 17 ubmitted Into the public record in connection with item fit• ► on 9-t4^ds Priscilla A. Thompson City Clerk The_ major challenge faced by the Complaints Subcommittee was that the CIP had no investigators, on staff to review and conduct investigations. Although the CIP's 2003- 2004 Budget included adequate funding for investigators, the City administration vacillated on how the positions were to be filled. The specific issue was whether the persons holding these positions would be full-time City of Miami employees, or whether the investigative function would be outsourced. The CIP therefore identified and gathered information concerning costs and resources necessary for staff leasing, an option which, upon further study, was found to give rise to additional outsourcing of functions, to wit personnel, payroll, and accounting services. Upon consideration of these issues, the City administration determined that CIP administrative staff would be hired as City of Miami employees, with only the investigative function outsourced on a contract basis. The position of Chief Investigator, responsible for overseeing the work of the outside contractors, would, however, be filled by a City of Miami employee. An intensive process was then initiated to draft and publish a Request for Letters of Interest (RFLI), review and screen responses by a specially convened CIP Subcommittee, and present recommendations to the City Commission for approval. The process for hiring the investigators was further delayed when the City's Office of Risk Management imposed the requirement that the selected private investigative firms must carry liability insurance in the amount of $1 million. While the process for hiring the investigators meandered its way through the system, the Subcommittee moved forward to conduct preliminary reviews of each complaint to identify, categorize, and discuss the nature of the allegations. A list was compiled, and areas of concern were addressed at subsequent Subcommittee meetings. The Subcommittee has also conducted meetings with the MPD Chief of Police and the Executive Director of the IRP, reviewed oral and written statements and reports related to the FTAA event, and reviewed video recordings from the MPD and other agencies/organizations. Another problem faced by the Subcommittee was the MPD's denial of the CIP's request for the Operational Plan by which personnel operated in planning for the FTAA and actions taken during the event. The Subcommittee believes this document is crucial to any investigation of police misconduct as it provides the blueprint and specific guidelines governing police personnel. A lawsuit was filed by the CIP for release of this document. Following a court order directing the MPD to release the Plan to the CIP, the MPD filed a Notice of Appeal with the Third District Court of Appeal, a process that is expected to further delay and impede the CIP's and this Subcommittee's review. An additional hindrance to the Subcommittee's work has been a delay in receiving a complete set of MPD's DOs. A complete set of Orders was not received until November 4, 2004. 18 COMPLAINTS SUMMARY Sv` nitted Into the public record in connection with item 1r. i on q-,q-os Priscilla A. Thompson City Clerk Eighteen FTAA complaints were received by the CIP between December 2, 2003 and March 1, 2004. Copies of all complaints were forwarded to the MPD as mandated by the CIP Ordinance. Three of the 18 complaints received by the CIP were from organizations: the AFL-CIO (American Federation of Labor and Congress of Industrial Organizations), Amnesty International, and the Unitarian Universalist Congregation of Miami. Seven complaints were from Florida residents, with the remaining 11 submitted by non-residents/visitors from Virginia, New Mexico, Ohio, Rhode Island, Massachusetts, Oregon and Washington D.C. This information, apart from its statistical relevance, is also important insofar as it is indicative of the availability of the complainants and any witnesses to participate fully with investigations and be available to participate in meetings, public/special hearings, and any other forum for community input related to the FTAA. The CIP conducted several meetings that concentrated exclusively on FTAA issues, including public hearings and Subcommittee meetings. At many of these meetings, persons who had filed written complaints with the CIP were not present. Staff notified individuals for whom they had contact information of FTAA related public hearings; several people indicated that they were unable to attend due to a lack of transportation. The ages of the complainants ranged from 19 to 62 years, with two complainants being 20 years or under, four between 21-25 years, four between 26- 49 years, and seven falling within the over-50 age group. (Note: Complaints from the AFL-CIO, Amnesty International, and the Unitarian Universalist Church of Miami made references to complaints from additional persons of unknown age groups.) In 11 of the 18 complaints, the complainants were unable to identify either the officer(s) or the law enforcement agency against which the complaint was being filed. Four people identified the MPD as the principal agency. Three people identified the MDPD. The Hialeah Police Department was named in one complaint. Only three of the 18 written complaints identified a principal officer by name. All complainants cited two or more alleged infractions falling mainly within the following categories: 19 Allegation Denial of First Amendment Rights and Restriction Excessive Force and/or Abusive Treatment: Improper Use of Less Lethal Weapons: False Arrest: Harassment: Discourtesy: Missing Property and/or Damage to Property: Profiling: Submitted Into the public rec in connection with item t on -os Priscilla A. Thompson City Clerk Number on Movement: 18 11 9 7 6 3 5 2 INITIAL RESULTS OF SUBCOMMITTEE REVIEW The Complaints Subcommittee, after conducting several meetings to review complaints received, requested a meeting with the Miami Police Chief or his designee to discuss policies and procedures related to allegations contained in the complaints. In advance of the meeting, the MPD was provided with a list of 41 questions developed by the Subcommittee from allegations made by complainants and questions/concerns of the Subcommittee. (See Appendix # 1.) On May 10, 2004, the Subcommittee met with Chief Timoney and members of his staff. All Panel members representing the three other Subcommittees (Policies and Procedures; Inter/Intra Agency Communications; and Department of Justice Report Review) were invited to participate in the meeting. The Subcommittee also requested that the MPD produce, for display and explanation, types of weapons and munitions used or available for use by the MPD and assisting agencies at the FTAA. The MPD responded to all questions posed. With respect to questions concerning the ultimate responsibility of the MPD as requesting agency for not only its own actions but also those of the approximately 40 assisting agencies, the MPD advised that the various law enforcement agencies providing assistance during the FTAA protests worked together under an Incident Command System.4 The MPD further indicated that they operated under Rules of Engagement that clearly delineated Use of Force guidelines.' The Department advised, however, that it was nevertheless very limited in the amount of influence and control it could exert on the assisting agencies. Reportedly, under the system in force, each individual agency, not the MPD, was ultimately responsible for its own actions during the demonstrations. Many of the Mutual Aid Agreements between the MPD and assisting agencies contained language as to liability, providing that "each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions or conduct of such party's own employees while engaged in rendering such 4 The Incident Command System works as an emergency operations management system providing for effective communication, coordination, and direction between involved entities/agencies. 5 See MPD: FTAA 2003 After -Action Report, at 55. 20 Submitted Into the public record in connection with item _.1 on 4-14,-Ds- Priscilla A. Thompson City Clerk aid."6 A majority of the Agreements also included a conflict provision stating that each officer was required to act in accordance with his/her department's orders, rules, and procedures, and where such matters conflict with a direct order from an MPD superior officer, the officer is to comply with the orders and rules of his/her own employing agency.' Under the current state of the law, the MPD appears to have no power to enforce its rules or guidelines over assisting agencies or their personnel. A change in Florida's Mutual Aid Act and other applicable laws may be required for the MPD (or any requesting agency) to exercise any significant level of control over assisting agencies operating under Inter Agency agreements. (The CIP Inter/Intea Agency Communications Subcommittee addresses the issue and concerns of the Inter Agency Agreements, control, and liability in more detail.) First Amendment Concerns: Complaints from Amnesty International, the AFL-CIO, the Unitarian Universalist Congregation of Miami, and other individuals alleged deliberate attempts by the MPD and assisting agencies to impede or deny their participation in peaceful and permitted marches and/or planned meetings, interaction with their membership, and contact with the public or the press. This was allegedly done by blocking access to staging areas or routes and arresting and/or using force on non-violent protesters who were exercising their First Amendment rights. The presence of officers in body armor was also viewed by complainants as intimidating and a deterrent to those who wished to exercise their First Amendment rights. In response to these allegations, the MPD stated that every effort was made to allow permitted and non -permitted gatherings to be carried out; furthermore, the • MPD conducted several meetings and planning sessions with representatives from numerous agencies, organizations, and protest groups as well as the Community Relations Board to discuss procedures and negotiate terms. The MPD also advised that where confrontations with demonstrators caused or could imminently result in chaos, then the police had an overriding obligation to secure the safety of innocent persons. The MPD further reported that, as a supplement to police academy training on Constitutional Law and in anticipation of the FTAA protests, personnel were provided with a 10-hour session on Constitutional issues and perspectives. The 10-hour lesson plan was provided to the CIP and will be reviewed by this Subcommittee with input from Independent Counsel. 6 See, e.g., Mutual Aid Agreements between City of Miami and City of Aventura; Collier County; Coral Gables; Ft. Lauderdale; City of Miami Beach. Id. ("[A]n officer...rendering assistance pursuant to this agreement shall abide by the rules and regulations, personnel policies, general orders, and standard operating procedures of his/her own employer...if in conflict with a direct order of...the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order.") 21 Submitted Into the pu D rF Ord in connection NVi1,h ite„ c?on Priscilla A. Thompson City Clerk Use of Force/Use of Less Lethal Weapons: In response to the Subcommittee's questions regarding allegations of excessive force, including unnecessary use of less lethal weapons, the MPD cited the Rules of Engagement developed for the FTAA that were disseminated to all assisting agencies. The Rules of Engagement contain guidelines for when force would be authorized during the FTAA protests.8 The MPD explained that the force continuum outlines police omnipresence and verbal commands as initial responses, increasing to use of chemical agents and mechanical tools where "physical threat or harm to property or persons is presented." 9 According to the MPD, the policy was to use less lethal weapons, with "emphasis on targeting...specific individuals committing violent acts rather than the crowd as a whole." 1° Decisions to deploy wide dispersing chemical agents, particularly tear gas, reportedly required, authorization of a SWAT Lieutenant, Captain of Police, or higher ranking personnel and were to be based on "safety, effectiveness, deliverability, authorization and accountability."I In meetings with MPD officials, including the Police Chief, the CIP was advised that the less lethal weapons and munitions, including beanbag and sponge rounds, were used on protesters who were deemed to be in violation of the law, but that some persons were unintentionally struck. MPD personnel denied that munitions were indiscriminately deployed. The MPD asserted that the munitions were target -specific in their deployment and that attempts were made to utilize extraction teams to remove violators rather than deploy munitions into the crowd. It was reported, however, that officers came under attack when arrestees were grappled from them by protesters, and further, that some of those incidents were caught on video. Documents provided by the MPD reveal that Miami Police deployed thirty 40-MM Bean Bag rounds, fifty-seven 12-gauge Drag Stabilized Bean Bags, thirty-two 40-MM Blue Exact Impact Sponge rounds, fifty-three 40-MM Orange Exact Impact/OC (pepper spray) rounds and 310 Pepper Balls.'2 Utilizing these figures, the total of all less -lethal munitions deployed by the MPD is approximately 482. The Subcommittee, however, reviewed a memorandum from the SWAT Commander dated January 16, 2004, accounting for approximately 249 deployments by officers assigned to his team (using the highest number in the approximation ranges for each munitions type reflected in the Jan. 16th memorandum). This equals approximately one-half of the total deployments reported in the January 21, 2004 memorandum. The discrepancy between the reports will require further CIP review. Requests will be made of the MPD to provide any additional or updated reports and official inventory statement(s) and/or explanation(s) to correlate and account for inventory and usage. With respect to allegations that tear gas was used on protesters, MPD Chief John Timoney advised that under the Rules of Engagement and agreements between the 8 See MPD: FTAA 2003 After -Action Report Police Response to Resistance at 9, 55. 9 Id. at 55-56. 10 Id. at 56. 1 Id. at 56. 12 Guzman, Cmdr. A, Memorandum: SWAT Less Lethal Deployment FTAA, January 21, 2004. 22 Submitted into the put record in connection with ,em --_°n5--L—o s' Priscilla A. Thompson i y Clerk several agencies, no gas would be used on protestors. However, according to Chief Timoney, complaints were received that one assisting agency did in fact use gas. This issue of inter agency communications, as indicated previously in this report, will be addressed in further detail by the Inter/Intra Agency Communications Subcommittee. The MPD reported that Tasers were used during the demonstrations. CIP staff is currently reviewing the MPD policy and training requirements for use of Tasers and identifying expert(s) in the field to provide additional information necessary to complete its review for the purpose of making appropriate recommendations. On April 12, 2004, and again at the May 10, 2004 Complaints Subcommittee meeting with the MPD, the latter was asked to provide the CIP with "identification and description of all less -lethal mechanical and chemical tools used by law enforcement during the FTAA, such information to include, where applicable, manufacturer, make and model, user manuals, training and certification requirements, quantity ordered and utilized." (See Appendix #2.) The MPD provided a demonstration of its arsenal at the May 10th meeting; however, the requested documents remain outstanding. Identification of Officers: On the issue of identification and other demarcations of officers from the assisting agencies, the MPD advised that MPD officers and equipment were clearly delineated. The MPD acknowledges that clearly identifiable clothing and equipment were not used by all the assisting agencies, and that one of the lessons learned from this experience is to require proper identification on clothing and equipment. The necessity for clear identification of officers and agencies was noted by the Subcommittee as a major impediment to the investigation of complaints. The MPD has indicated that the assisting agencies were not required to assure that their respective officers and equipment be clearly identified. False Arrests: Complaints received by the CIP included approximately seven direct or indirect references to incidents of false arrests. Staff, on behalf of the Complaints Subcommittee, has also reviewed FTAA related arrest affidavits completed by MPD personnel. To address allegations of false arrests, CIP Independent Counsel will review the arrest affidavits to determine probable cause and examine available court records with respect to the disposition of such cases. Harassment: Allegations of harassment will be considered by this Subcommittee in conjunction with issues of First Amendment concerns, false arrests, and profiling. Discourtesy: Allegations of discourtesy included the use of profanities by officers as well as actions and references to complainants' appearance and/or body odor. In addition to written 23 1ECC11(i 11 (x)rit1e(:)','ifit"' i Egli .. ,. 1 :,r '1-)y FriEcil''kx)nil:t;: complaints filed with the CIP, further review into matters of discourTesy wi' 1 he conducted as the CIP revisits video tapes and print media reports. Missing and/or Damaged Property: The MPD, in its January 2004 After -Action Report, made reference to two complaints of failure to safeguard the personal property (clothing and papers) of arrestees, and what appears to be a third complaint of failure to secure and resulting loss of a bicycle belonging to a disabled arrestee. Between December 2003 and March 2004, the CEP received five complaints alleging failure of police to secure the property of arrestees, intentional abandonment of arrestees' property on public right of ways, and damage to property (vehicle and a video camera). The complainants were unable to identify the alleged officers. CIP investigators, where feasible, will conduct further reviews to identify arresting officers and the circumstances surrounding each complaint. Profiling: There were general and some specific allegations that the MPD appeared to have planned for and treated protesters as anarchists or individuals prepared to engage in civil disobedience. Complaints allege profiling and surveillance of protesters as well as pre- emptive mass arrests where law enforcement officers arrested and/or ordered peaceful protesters to disperse because of perceived affiliation with "anarchists" or unlawful protesters. There were also allegations that non -protesters were allowed to remain in areas and on roadways while peaceful protesters were ordered to leave the area or be arrested. The MPD outlined efforts to receive intelligence and use of confidential surveillance grids to monitor developing threats during demonstrations and marches. Extraction teams of plain -clothed officers were reportedly used to safely and swiftly separate violent participants from non-violent individuals. The MPD alleged that some peaceful protesters and groups, although not actively interfering in police operations, were used to "shelter" those engaged in such unlawful acts. The MPD contends that ample warning was given prior to arrests or deployment of less lethal weapons where confrontations with police occurred. According to the MPD, self- proclaimed peaceful protesters were afforded opportunities to separate themselves from violent participants. Those who remained, according to the MPD, were disobeying a lawful order and contributing to the violence. Regarding the AFL-CIO, the MPD alleges that union organizers opened their marches to coalition groups engaged in unlawful and violent behavior. The MPD contends that, nevertheless, the AFL-CIO was allowed to coordinate and carry out "peaceful and successful" marches with the assistance of police personnel and members of the Miami Community Relations Board. REPORT ON CIP INVESTIGATIONS The CIP has not yet initiated investigations into FTAA cases. It has, however, submitted copies of all FTAA related complaints received in its office to the MPD pursuant to 24 requirements of its enabling Ordinance. The MPD has indicated in meetings and consultations with CIP staff that complaints received by the CIP and subsequently forwarded to MPD Internal Affairs Division (IA) are being considered as notification only and not for IA investigation. The MPD has, nevertheless, in its After -Action Rejort„t.,;;e• indicated a commitment to "conducting an exhaustive review of the actions of its police officers during the FTAA...[including] complaints raised in the press...from police, protester and media cameramen... despite the lack of a formal complainant."13 The MPD's After -Action Report also makes reference to five complaints received by IA in the eight weeks following the FTAA that were reportedly forwarded to the CIP. 14 An IA Complaint Report from then -IA Division Assistant Chief Louis A. Vega indicates, however, that IA received two complaints as of February 5, 2004. CIP records indicate receipt of two requests for investigation from the MPD. One, received February 14, 2004, requested that the CIP use its "influence and subpoena power" to determine the validity of statements made by unidentified journalists to Miami Herald columnist Jim DeFede that the MPD intentionally shot at journalists during the FTAA protests. (See Appendix #3.) The MPD also requested that the CIP use its "influence and subpoena power" to determine the nature of crimes that a Miami -Dade Circuit Judge publicly stated that he witnessed/observed. The CIP provided prompt response to the MPD, confirming receipt and intended follow-up to the request and submitted a letter for information to the named judge. (See Appendix #4.) A report on the disposition of the FTAA complaints received by the CIP will be provided in a later report. Beyond the review initiated by this Subcommittee, full investigations have not been conducted. This delay is attributed to the fact that the CIP, at the time of the FTAA, was in a development stage, with a transition administrative staff and no investigators. On September 21, 2004, the CIP entered into contracts with four private investigative firms to conduct investigations on behalf of the CIP. Prior to conducting any reviews or investigations for the CIP, the investigators were required to undergo a series of training and orientation sessions. They have since been directed to screen complaints received for the CIP and provide a report to the Executive Director. FTAA complaints were not among the cases initially assigned. The CIP's full-time Independent Counsel, confirmed by the City Commission in February 2005, will consult with the State Attorney's Office concerning any complaints, including FTAA cases, where the issuance of a subpoena may be required. CIP actions or determinations of a legal or potentially legal nature will also be reviewed by Independent Counsel. The CIP's F/R will be reported at such time as the investigations have been completed. The F/R will be made part of the CIP's FTAA Final Report. 13 MPD: FTAA 2003 After -Action Report at 60. '4 Id. at 59. Submitted Into the public record in connection with item Dr_ , on q -iq ~ os Priscilla A. Thompson City Clerk 25 26 APPENDIX: COMPLAINTS Submitted Into the public record in connection with item'ta.r. on H^ p4 Priscilla A. Thompson City Clerk "TP COMPLAINTS SUB-COMMT TEE QUESTIONS FOR ML4MI POLICE PERSONNEL 1. Were outside agencies assisting the Miami Police Department (MPD) during the FTAA briefed on the MPD Operational Plan? 2. What responsibility, if any, did the MPD have for the supervision and/or control of outside agencies? 3. Was the Miami Police Department ultimately responsible for the acts of all assisting agencies? 4. What responsibility did MPD have for the actions of assisting agencies? 5. What were the locations and assignments of each agency? (Please provide a map of area and location assignments of the several agencies.) 6_ What efforts were made to facilitate identification of officers and their agencies? 7. What training was provided to officers regarding ensuring against violations of constitutional rights? 8. What permits were offered to protesters? 9. What rights and responsibilities attended to them? 10. Were other agencies made aware of the conditions of the permits issued? 11. What efforts were taken by the City of Miami Police Department to ensure that their officers or those of assisting agencies did not unreasonably interfere with lawfully permitted gatherings? 12. Did other agencies block or otherwise interfere with protesters or interested individuals from attending or participating in lawful or permitted protest activities? 13. Did officers discriminate against peaceful protesters, by ordering them to leave the area while on -lookers in the same area were allowed to remain? 14. Did the MPD receive complaints regarding the actions of other agencies and how were the complaints handled? 15. Was it the responsibility of the City of Miami or its police department to provide medical and/or water stations? 16. Was a decision made to suspend public transportation into the downtown area? 17_ Who made the decision? 18. What was the justification? 19. What attempts were made to remove objects, dumpsters etc_ from the area to avoid destructive or unlawful use by demonstrators? 20. What is the MPD's policy on use of less -lethal weapons? 21. What weapons and munitions were purchased by the Miami Police Department in contemplation of the FTAA? 1 Submitted Into the public record in connection with item az-. i on y.iy-os Priscilla A. Thompson City Clerk CP COMPLAINTS SUB-COMMv TEE 22. What weapons and munitions were used by the Miami Police Department? (Please be prepared to show models/samples to include models/samples to include rubber bullet, beanbag, spray and gas canister guns.) 23. What weapons and munitions were used by assisting agencies? 24. What are manufacturers' directions and recommendations on use of less -lethal weapons? 25. Does the MPD have training manuals for use of less -lethal weapons? (Please provide) 26. What training was conducted for use of these weapons? 27. What efforts were made to distinguish between onlookers, peaceful protesters and violent provocateurs when deploying less lethal weapons or any other use of force? 28. How are dispersal orders usually communicated? [Equipment and language(s)] 29. How were dispersal orders communicated to FTAA protesters? 30. Did the MPD or assisting agencies inform protesters that they had two minutes to disperse? 31. Were protesters afforded time to disperse? 32. If yes, how much time was allotted? 33. Were retreating demonstrators corralled into a police net and arrested? 34. Did police officers deploy less lethal weapons and munitions on a retreating and/or peaceful crowd? 35. Did the police attempt to extract demonstrators who were not retreating prior to discharging their weapons? 36. If no, why not? 37. Were reports completed by MPD on all discharges? 38. Were reports completed by assisting agencies on all discharges? 39. Are the reports in the possession of the MPD? 40. What plans were in place to ensure efficient, timely and courteous processing of arrestees? 41. Were arrestees' personal possessions left unattended at the scene or discarded by arresting officers? Submitted Into the public record in connection with item am on -1 _o Priscilla A. Thompson City Clerk 2 Lutit L SHIRLEY E. RICHARDSON Executive Director April 12, 2004 John F. Timoney, Chief of Police Miami Police Department P. O. Box 016777 Miami, FL 33101 LARRY R. HANDHELD Chairperson Submitted Into the public record in connection with item s • on Au " 5 Priscilla A. Thompson�ty Clerk VIA Hand Delivery: 400 N.W. 2 Ave, 4th Floor Dear Chief Timoney: Please provide the Civilian Investigative Panel with the following: • Miami Police Department's Operational Plan for the Free Trade Area of the Americas (FTAA) Summit. (Appendix #1 of the Miami Police Department FTAA 2003 After -Action Report.) • Information evidencing any other legal, written or oral agreements between the Miami Police Department (MPD) and other agencies, apart from the Mutual Aid Agreements already received, that address each agency's functions, responsibilities, authority, limitations etc. during the FTAA event. • Any FTAA related After -Action Reports obtained from other agenciesor internal groups or divisions within the MPD subsequent to the first publication date of the MPD FTAA 2003 After -Action Report. • Identification and description of all less -lethal mechanical and chemical tools used by law enforcement personnel during the FTAA, such infomiation to include, where applicable, manufacturer, make and model, user manuals, training and certification requirements; quantity ordered and utilized. Your prompt attention to this matter will be greatly appreciated. Please feel free to contact me via Executive Director Shirley E. Richardson at 305-579-2444 with questions or concerns regarding this request. Sincerely, l7r Larry R. Handfield, Chairperson " 0 / C: Levine & Finger, CIP Independent Counsel CIP Members CIVILIAN INVESTIGATIVE PANEL 155 South tvliami Avenue, Penthouse 1 -B /Miami, Florida 33130 / (305: 5: 9.2444 / Fax: (305) 579-2436 JOHN F. TIMONEY Chief of Police February 19, 2004 Larry Handfield, Esquire Chairman Civilian Investigative Panel 155 South Miami Avenue, PH 1-B Miami, FL 33130 Dear Chairman Handfield: FEB 1 9 2OOy 3 CIVILIAN iNvESTIGATIVE PANEL JOE ARRIOLA City Manager Submitted Into the public record in connection with item `zr. i on H-t -05 Priscilla A. Thompson City Clerk I would like to take this opportunity to thank you for the courtesy and professionalism that you and your fellow panel members showed both my staff and me during the Civilian Investigative Panel (CIP) meeting on February 5, 2004. We realize that we have forwarded an overwhelming amount of information in association with our After Action Report. I trust that you know that you may rely on my staff and me to answer any questions that may arise during your review of the information. I would also like to bring to your attention certain comments made by columnist Jim DeFede that appeared in the Miami Herald on Thursday, February 12, 2004. In his column, Mr. DeFede stated that "at least one" journalist said he believed that Miami Police were intentionally shooting journalists. The Miami Police Department takes very seriously its responsibility and duty to investigate allegations of criminal activity and misconduct on the part of police officers. In view of the seriousness of the above allegation, it is requested that the Panel use its influence and investigative powers to determine which reporters stated this to Mr. DeFede and then invite them to testify before you. JFT: ar Sincerely, John F. Timoney `,Chief of Police 100 A C.n.rry fServicc MIAMI POLICE DEPARTMENT/ P.O. BOX 016777 / Miami, Florida 33101 / (305) 579.6565 E-Maii Address: chiefofpolice@miami-police.org LLT-L ii it CiJJl itLlCLEL SHIRLEY E. RICHARDSON Executive Director March 22, 2004 John F. Timoney, Chief of Police Miami Police Department P. 0. Box 016777 Miami, FL 33101 Dear Chief Timoney, LARRY R. HANOFIELD Chairperson Submitted Into the public record in connection with item car. t on 9-}y-os Priscilla A. Thompson City Clerk The Civilian Investigative Panel (CIP) wishes to thank you and your staff for providing both testimonial and documentary reports on the operations of the Miami Police Department and the Joint Law Enforcement Command during the 2003 Free Trade Area of the Americas Summit held in Miami. In regards to your letter dated February 19, 2004 in which you made reference to comments by Jim DeFede in the February 12, 2004 publication of the Miami Herald, please be advised that the CIP, consistent with its mandate and guidelines, will conduct a thorough, independent and unbiased investigation into identifiable allegations of police misconduct. Where appropriate, the CIP will also address issues regarding the Miami Police Department's policies and procedures. The panel is continuing to gather and review information and evidence received from interested individuals, groups and organizations and will conclude with a final report detailing the results of our fact-finding efforts. Your continued cooperation and assistance in this effort will be greatly appreciated. Sincerely, Larry R. Handfield, Chairperson CIVILIAN INVESTIGATIVE PANEL 155 South Miami Avenue, Penthouse 1 -B / Miami, Florida 33130 / (305 579-2444 / Fax: (305) 579-2436 JOHN F. TIMONEY Chief of Police SEC ._ 3 2003 Shirley Richardson Executive Director Civilian Investigative Panel 155 South Miami Avenue, PH1-B Miami, FL 33130 Dear Director Richardson, CIVILIAN ItiVESTIGATNE PANEL 4 JOE ARRIOLA City Manager Submitted Into the public record in connection with item =.1 on Lt- Priscilla A. Thompson City Clerk On Saturday, December 20, 2003, the Miami Police Department learned of comments made by a Miami Circuit Court Judge alleging that he observed criminal misconduct committed by police officers during the recent Summit on the Free Trade Area of the Americas. An article in the December 20 Miami Herald revealed that on December 11, 2003, in the Circuit Court for Miami -Dade County, Judge Richard Margolius stated on the record that he personally observed the commission of "no less than 20 felonies" by police officers on an unknown date during the FTAA meetings held from November 17 to 21, 2003. The Miami Police Department takes very serious its responsibility and duty to 'investigate allegations of criminal activity and serious misconduct on the part of police officers. Given the nature of these allegations, investigators from the Internal Affairs Division of the Miami Police Department attempted to interview Judge Margolius on Monday, December 22, 2003, the first business day after the Judge's statements came to light. Judge Margolius declined to speak with the investigators. It is requested that the Civilian Investigative Panel use its influence and its authorized powers to determine what crimes were witnessed by Judge Margolius. The Judge made public allegations of criminal activity and his observations may be of critical import to any thorough investigation of the FTAA event. JFT:mvr Sincerely, John F. Timoney Chief of Police 100 POLtt E DEf ARTMENTi P.O. Hn't ttlt,: / miJrn;, flurida 1 f t0i f.\1.+r1 At lire•, c hoci nrl wIcva.mhi nli Mlirc.url; . tap! IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORID 2 CRIMINAL DIVISION 4 3 4 5 6 EXCERPT FROM CRIMINAL COURT PROCBBDINQ8 7 DECEMBER 11, 2003 8 9 10 11 12 13 14 15 16 Before The Ronorable Richard V. ' Ma►rgoliva, 17 Circuit Court Judge. 18 19 20 21 22 23 24 Qnooas,w, Submitted Into the public' record in connection with item zs. on N -, q -os Priscilla A. Thompson City Clerk 1 (Excerpt from court proceedings December 11, 2003) 2 THE COURT: I do have to order you to be 3 back here December 19th. Are you going to be 4 around? 5 MS. DOE: Yee. 6 THE COURT: Okay. December 19th is a week 7 from tomorrow. Okay. Today is Thursday, the 8 11th. December 19th is Friday. On that day, 9 hopefully, you'll hear the news that they are 10 dropping the case against you. If you are not 11 here, that $5000 bond will be forfeited, so 12 make sure you are here. Okay. Be back a week 13 from tomorrow. Note on court file the young 14 lady got oral notice. 15 How many police officers have been charged 15 by the State Attorney so far for what happened 17 out there during the FTAA -- 18 ASSISTANT STATE ATTORNEY: -- none 19 THE COURT: --none? Pretty sad 20 commentary. At least from what 1 saw. I 21 happened to have been out there -- I probably 22 would have been arrested myself if it had not 23 been for a police officer who recognized me. 24 Just standing there, watching. 1 saw no lees 25 than twenty feloniee committed by police din000au►t, Submitted Into the public - record in connection with item Tx- on q-Lv-os Priscilla A. Thompson City Clerk Typs 3 1 2 3 4 5 6 7 8 9 �13 14 15 16 17 18 19 20 Officers. I may have to recuse myself of the cases -- but I couldn't recognize anybody because everybody had riot gear on. Pretty disgraceful. Pretty disgraceful what I saw with my own eyes. And I have always supported the police during my entire career -- changed my position. That was a real eye-opener. A disgrace for this community. I hope the State has the good, common sense to deal with these 10 cases in the appropriate manner, with an eye on 11 justice. 12 Joseph Diamond, Page 3? And I'm saying that right on the record, too. ASSISTANT STATE ATTORNEY: Your Ronor, on Case F03032679, Joseph Diamond, the State is announcing a no action. THE COURT: Let ma see the A Form. Where are you from? MR. D IAI4OND : Coral Springs. TUB COURT: You're from down here? Why 21 does it have Staten Island? Ie that where you 22 work -- 23 MR. DIAMOND: I live there. I'm staying 24 with sty parents right now. 25 THB COURT: A11 right. The case is over M110104181161MMOIWWWMOWM Submitted Into the public record in connection with item "IS- on y-) q-os Priscilla A. Thompson City Clerk Pip 4 for jou. The prosecutor, fortuna..ely for you, l 2 in this case has just announced they are filing 3 no criminal charges against you, so they 4 dropped the case. You are free to go. 5 Goodbye. 6 How many cases did the Public Defender's 7 Office pick up -- 8 ASSISTANT PUBLIC DEFENDER: Felonies? 9 THE COURT: -- yeah, as a result of the 10 FTAA -- 11 ASSISTANT PUBLIC DEFENDER: -- felonies, 12 that I'm aware of, I believe are under ten -- 13 and some -- I've spoken with pre-trial 14 attorneys, are going to be no -action. 15 misdemeanors, I'm not sure. 16 Taz COURT: Try to find out. I'd be 17 curious to know how many cases the Public 18 Defender got in total from that - - 19 ASSISTANT PUBLIC DEFENDER: -- I know 20 arrests were just under 200. 21 THE COURT: I wonder what it ooet the 22 taxpayers of the community for that whole 23 episode? I'd like to get a handle on that 24 figure, if possible. I wonder how much overtime was paid for police officers? I know 2S mrreaoaa+es-+ Submitted Into the public record in connection with item U . i on y-iq-os- Priscilla A. Thompson City Clerk Tip 3 1 one Laing. There were police officers from 2 every agency -- I couldn't believe the sheer 3 numbers. I thought it was just going to be 4 like Miami Dade County police officers, the 5 City of Miami police officers, but there were 6 police officera from all the place -- Broward, 7 Florida Highway Patrol. I didn't see any FDLB 8 9 ASSISTANT PUBLIC DEFENDER: -- there were 10 federal officers -- 11 THE COURT: everybody. It would have 12 been a good time for a real criminal to commit a crime because there were no - you know, there 14 were no cops guarding the hen house. 15 Next. Leonard Copeland. 16 17 18 19 20 21 22 23 24 125 i argrato4mwridiramsormaebmar Submitted Into the public record in connection with item 1 . t on '1-1 -o s Priscilla A. Thompson City Clerk CERTIFICATE 3 4 I, DIANE NICOLL, professional Court 5 Reporter, certify that I was authorized and did 6 stenographically report the foregoing criminal court 7 proceedings and that this transcript is a true and 8 accurate record of the foregoing excerpt from 9 proceedings before the Court December 11, 2003. 10 I further certify that I am not a 11 relative, employee, attorney, or counsel for any of 12 the parties nor am I a relative or employee of any 13 of the parties' attorney or counsel connected with 14 the action, nor am I financially interested in the 15 action. 16 17 18 19 20 21 22 23 $4 1. 25 Dated this 16th day of December, 2003. DIANE NICOLL, Court Reporter 01711110D-rai-liillialitHiledsZeind Submitted Into the public record in connection with item lit. t on 4-, Lr-os Priscilla A. Thompson City Clerk IJ,tIg [xz .larttAxni. SHIRLEY E. RICHARDSON Executive Director February 13, 2004 The Honorable Richard V. Margolius Senior Judge Richard E. Gerstein Bldg. 1351 NW 12th Street Miami, FL 33125 LARRY R. HANDHELD Chairperson Submitted Into the public record in connection with item •smi on (i-,q--vs Priscilla A. Thompson City Clerk Dear Senior Judge Margolius: The Civilian Investigative Panel (CIP) is in receipt of your letter dated February 10, 2004. Your recommendation to contact "our local delegation of state legislator for the submission of a bill which will require all police officers, even those in riot gear, to wear identification insignia at all times" will be presented to the CIP for consideration. Thank you for your prompt response to our correspondence. We appreciate your well wishes as we endeavor to reach a thorough and deliberative resolution in this matter. Sincerely, t'014, Larry R. Handfield, Chairman Civilian Investigative Panel C: Alejandro Vilarello, City Attorney Maria J. Chiaro, Assistant City Attorney CIP Members CIVILIAN INVESTIGATIVE PANEL 155 South Miami Avenue. Penthouse 1-B / ryli.)mi, FInrid.t 33130 / 13051 579-2-7-Ia / Fix: I3051 579-2a36 SENIOR JUDGE CIRCUIT COURT ELEVENTH JUDICIAL CIRCUIT OF FLORIDA February 10, 2004 The Honorable Larry R. Handfield, Chairman Civilian Investigative Panel 155 South Miami Avenue, Penthouse 1-B Miami, Florida 33130 Dear Mr. Chairman: � ... `11 FEB 1 1 2004 CIVILIAN INVESTIGATIVE PANEL RICHARD E. GERSTEIN JUSTICE BUILDING 1351 N.W, 12TH STREET MIAMI, FLORIDA 33125-1644 Submitted Into the public record in connection with item :. t on W--Ak--os Priscilla A. Thompson City Clerk Thank you for your letter of February 2, 2004. I have given careful and serious consideration to this matter. As I indicated to a Herald reporter previously, my comments made from the bench in December were inappropriate. A judge should refrain from making comments from thebench which might cause a reasonable person to question his or her neutrality. I would prefer not to compound this issue further. Notwithstanding the above, I feel I can add little or nothing of evidentiary value to the record. My observations were made from a distance. I am unable to identify any of the police officers involved or for that matter any of the alleged protestors. I would like to take the opportunity you have afforded me to respectfully offer one suggestion. If deemed appropriate, I would encourage the CIP to recommend to our local delegation of state legislators the submission of a bill which will require all police officers, even those in riot gear, to wear name identification insignia at all times. In my view, it is not in the public interest for riot gear clad police officers to be visually anonymous. Again speaking only for myself, I believe the implementation of such a law would make the job of any future C1P significantly easier. I know your task is daunting. May God help you find the path to justice. Sincerel Rich Senior Circuit Judge RVM/sl SHIRLEY E. RICHARDSON Executive Director February 2, 2004 The Honorable Richard Margolius Senior Judge Richard Gerstein Building 1351 NW 12th Street, Room 524 Miami, FL 33125 Dear Senior Judge Margolius: -���'Mr- LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item 'r.t on Priscilla a A. Thompson City Clerk This letter is being sent to you pursuant to an article in the December 20, 2003 Miami Herald concerning observations made by you of alleged police misconduct during the Free Trade of the Americas Ministerial Conference (FTAA) held in Miami November 17-21, 2003. As you may be aware, the Civilian Investigative Panel (CIP) via City of Miami Ordinance No. 12188 has as its charge "...to serve as independent citizens' oversight with authority to: conduct investigations related to allegations of police misconduct; review policies of the police department..." Towards that goal, the CIP is interested and willing to consider any matters you may wish to bring before the CIP regarding your observations during the FTAA. You may contact me at (305) 576-101 1 or CIP Executive Director, Shirley E. Richardson at (30S) 579-2444 to file a complaint, make a statement or provide further details regarding your observations that may assist in our fact-finding efforts. If we do not hear from you, it will be concluded that you do not wish to pursue your allegations with the CIP and no further action will be taken by the CIP relative to your published comments on law enforcement actions during the FTAA. Si erely, Larry R. Handfield, Chairman Civilian investigative Panel C: Alejandro Vilarello, City Attorney Maria J. Chiaro, Assistant City Attorney John F. Timoney, Chief of Police George K. Wysong, III, Assistant City Attorney Crv'LIAN INvESTIC..ATIvE PANEL 1 i ti„uih \I .loll •\' e ut . i'rnlhnu\c I.R F1um(I.1 111 10 ' 1 10 i. i79-2444 F.a.: , t0 i, i7'I-24 tr. INTER/INTRA-AGENCY COMMUNICATIONS SUBCOMMITTEE REPORT INTRODUCTION Submitted Into the public record in connection with item Tim. t on 4-, q-os Priscilla A. Thompson City Clerk The Inter/Intra Agency Subcommittee was created to review Mutual Aid Agreements and any other collateral agreements and coordination efforts between the MPD and other assisting agencies before and during the FTAA Summit. CIP members comprising this subcommittee are Rudy de la Guardia, Chairperson; Tanya Brinkley; and Otis Davis. The goal of the Subcommittee was to better understand the events during the FTAA demonstrations and, where necessary, make recommendations regarding Mutual Aid Agreements with other law enforcement agencies, and to establish a more effective communication system between the MPD and assisting law enforcement agencies. Documents referenced in this report are set forth in the Appendix. SUBCOMMITTEE ACTIONS The Subcommittee held meetings to discuss information that was required to accurately review and make proper recommendations regarding Mutual Aid Agreements and the command structure used by the participating law enforcement agencies. In addition, attempts were made to contact the agencies listed below: Miami Police Department. On April 8, 2004, the Subcommittee sent an e-mail to Assistant City Attorney George Wysong requesting the MPD to provide its FTAA Operational Plan to the CIP as well as any applicable written or oral agreements between and among the law enforcement agencies. On April 12, 2004, the Subcommittee sent an e-mail to MPD's Deputy Chief Frank Fernandez and Commander Michael Colombo requesting assistance, input, and recommendations on enhancing multi -agency law enforcement efforts and corresponding Mutual Aid Agreements. On April 12, 2004, the Subcommittee sent a letter to MPD Police Chief John Timoney requesting the following: 1. MPD's Operational Plan for the FTAA. 2. Information evidencing any written or oral agreements between the MPD and other agencies, apart from the Mutual Aid Agreements already received, that address each agency's functions, responsibility, authority, limitations, etc., during the FTAA event. 3. Any FTAA After -Action Reports obtained from other agencies or internal 27 Submitted Into the public record in connection with item '�. I on (1- It{-os Priscilla A. Thompson groups or divisions within the MPD subsequent to the first publication City Clerk date of the MPD FTAA 2003 After -Action Report. 4. Identification and description of all less lethal mechanical and chemical tools used by law enforcement personnel during the FTAA protests, such information to include where applicable: manufacturer, make and model, user manuals, training and certification requirements, quantity ordered, and quantity utilized. Attorney Wysong responded to the above requests in a letter dated May 18, 2004. He stated that the Operational Plan for the FTAA cannot be provided to the CIP because, in his view, the document is exempt from disclosure pursuant to Fla. Stat. § 119.07(d). Attorney Wysong further stated that the information requested in items 2 and 3 had been provided to the CIP. As to Item 4, Attorney Wysong stated that the information would be available for CIP's review and inspection and would be mailed to the CIP. To date, the information requested in Item 4 has not been received. The Subcommittee sent a letter to Chief Timoney, with copies to Deputy Chief Fernandez, Sergeant James R. Billberry, and Captain Thomas Cannon on May 24, 2004, setting forth questions concerning Mutual Aid Agreements, collateral agreements, and any other coordination efforts between the MPD and other law enforcement agencies during the 2003 FTAA event. On September 14, 2004, the Subcommittee sent another letter to Chief Timoney requesting assistance and input on issues relating to the 2003 FTAA demonstrations and asking him to provide the CIP with copies of all FTAA related letters of request for aid made by MPD to law enforcement agencies and any other affiliate agencies. To date, the information has not been received. MPD has, however, provided 12 volumes of After -Action Reports, which included After -Action Reports from: Sergeant James R. Billberry, providing a summary of the duties, actions, and occurrences during the FTAA event with regard to Air Support Operations as directed by the Air Operations Center Command. He highlights inconsistencies in the coordination of air space between the MPD and the MDPD and refers to an unclear chain of command and conflicting orders regarding air space. Commander Michael Colombo, providing a comparison between ground command and joint law enforcement operational command and stressing that all multi agency personnel must understand the command philosophy of the operation; summarizing ground tactics and issues encountered during the FTAA; 28 Commander Bobbie Meeks, providing details on the activation of the City of Miami Emergency Operation Center; Major Juanita Walker -Kirkland, providing a summary of events that occurred on November 20, 2003, during the AFL-CIO demonstration. Miami -Dade Police Department. On May 19, 2004, the Subcommittee sent letters to Police Majors Louis Battle, Willie B. Marshall, Glenn Theobald, Victor A. Ramirez, and Thomas A. Knigge of the MDPD asking for assistance in answering questions concerning Mutual Aid Agreements and an assessment of the Incident Command System used during the FTAA protests. On May 28, 2004, a letter was received from Attorney Thomas Guilfoyle, MDPD legal counsel, requesting that any inquiries to MDPD concerning police activity taken by MDPD during the FTAA protests be directed to him. In response to:Attorney's .Guilfpyle's request, on July 19, 2004, the Subcommittee directed the May 19th letter to him. t The Subcommittee sent another letter to Attorney Guilfoyle on September 21, 2004, requesting either a written response to the previous inquiry or a date that would beconvenient for him to meet and discuss the pending inquiries. On October 6, 2004, CIP Chairman Larry Handfield sent a letter to MDPD's Director, Robert Parker, requesting documents and information from all FTAA hosts and assisting agencies. On October 27, 2004, a letter was received from Attorney Guilfoyle responding to Chairman Handfield's letter. Attorney Guilfoyle essentially states the following: MPD was the lead agency during the FTAA protests; the MDPD and other police agencies served a support role; MDPD had countywide jurisdiction, including boundaries of the City of Miami and therefore did not enter into Mutual Aid Agreements; as to questions regarding equipment, officer identification, weaponry, and Use of Force levels, unless otherwise determined by MPD command staff, each agency followed its own policies and procedures; MDPD is not aware of any collateral agreements; MDPD was not party to any agreements with organizations or protest groups, and was not advised of decisions affecting the demonstrations. Attorney Guilfoyle also stated that the involved police departments had to base their planning on intelligence information as well as the violence that occurred at prior locations. Hialeah Police Department. On May 19, 2004, the Subcommittee sent a letter to Captain Mark Overton, Hialeah Police Department, asking for assistance in answering questions concerning Mutual Aid Agreements and an assessment of the Incident Command System used during the FTAA protests. On September 21, 2004, another letter was sent to Captain Overton seeking a reply to the May 19th letter. Captain Overton did respond via telephone and spoke to Mr. Rudy de la Guardia. The Subcommittee received an After -Action Report from the Hialeah Police Depaitinent directed to MPD's Commander Michael Colombo that provides a synopsis of the Hialeah Police Department's involvement in the FTAA pre -event preparations and event mobilization. Submitted Into the public record in connection with item 'b.T on N-ty.-o5 Priscilla A. Thompson City Clerk 29 AFL-CIO. On April 8, 2004, the Subcommittee sent an e-mail to Richard Trumka and Howard Simon requesting the AFL-CIO's input, queries, and/or recommendations on any matters relating to law enforcement action taken during the FTAA demonstrations. On April 14, 2004, a letter was received from Mr. Trumka stating that his staff worked with MPD representatives for months leading up to the FTAA Ministerial regarding agreements concerning access to buses, the amphitheater, and the march route. He also mentions that during the week of the FTAA event, the AFL-CIO faced a massive lack of coordination and communication among law enforcement officials. According to him, each time a new agency would come on shift, the rules would change. Mr. Trumka writes that, although he does not know what went wrong during the FTAA demonstrations, future abuses cannot be prevented "unless we know who was in charge in Miami, and how leadership decisions were enforced throughout the ranks of the several dozen law enforcement agencies on the ground." Submitted Into the public record in connection with item Dm. on y, tr_o s- Priscilla A. Thompson City Clerk 30 Submitted Into the public record in connection with item b-r. 1 on 4- L4-0s Priscilla A. Thompson City Clerk APPENDIX: INTER/INTRA AGENCY COMMUNICATIONS git SHIRLEY E. RICHARDSON Executive Director April 12, 2004 John F. Tirnoney, Chief of Police Miami Police Department P. O. Box 016777 Miami, FL 33101 LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item 'Dz. 1 on 4-ty-os Priscilla A. Thompson City Clerk VIA Hand Delivery: 400 N.W. 2 Ave, 4°i Floor Dear Chief Timoney: Please provide the Civilian Investigative Panel with the following: • Miarni Police Department's Operational Plan for the Free Trade Area of the Americas (FTAA) Summit. (Appendix 41 of the Miami Police Department FTAA 2003 After -Action Report.) • Information evidencing any other legal, written or oral agreements between the Miami Police Department (MPD) and other agencies, apart from the Mutual Aid Agreements already received, that address each agency's functions, responsibilities, authority, limitations etc. during the FTAA event. • Any FTAA related After -Action Reports obtained from other agencies or internal groups or divisions within the MPD subsequent to the first publication date of the MPD FTAA 2003 After -Action Report. • Identification and description of all less -lethal mechanical and chemical tools used by law enforcement personnel during the FTAA, such information to include, where applicable, manufacturer, make and model, user manuals, training and certification requirements, quantity ordered and utilized. Your prompt attention to this matter will be greatly appreciated. Please feel free to contact me via Executive Director Shirley E. Richardson at 305-579-2444 with questions or concerns regarding this request. Sincerely, i",(9 a iv7 lei /4 L" ` Larry R. Handfield, Chairperson C: Levine & Finger, CIP Independent Counsel CIP Members CIVILIAN INVESTIGATIVE PANEL 1 S S Smith Miami Ave !IP. Ppnthn,gp 1_R /Miami FInriela Min /tif1S• S79_7444 / Fay. finS1 S7Q_i4if. Ms. Shirley E. Richardson Executive Director Civilian Investigative Panel 155 South Miami Ave Penthouse 1-B Miami, Florida 33130 Dear Ms. Richardson pczavIED MAY 2 0 2004 CIVILIAN uavEsncasrvE PANEL ALEJANDRO VULARELLO City Attorney May 18, 2004 Submitted Into the public record in connection with item arr►on 4.14 S Priscilla A. Thompson City Clerk I have been asked to respond on behalf of the Miami Police Department (MPD) to the Civilian Investigative Panel's (CIP) recent public records request. In the letter the CIP requested that the MPD provide four items. The requested items and the appropriate response to the request is outlined below: Item 1, the CIP requested the "Miami Police Department's Operational Plan for the Free Trade Area of the Americas (FTAA) Summit. (appendix #1 of the Miami Police Department FTAA After -Action Report.)" The Miami Police Department cannot provide the document as it is exempt from disclosure pursuant to Section 119.07(d) Fla. Stats. The statute exempts and protects from public disclosure any comprehensive policies or plans compiled by a criminal justice agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, as defined in s. 252.34(3) Fla Stats. Item 2, the CIP requested "Information evidencing any other legal, written or oral agreements between the Miami Police Department (MPD and other agencies, apart from the Mutual Aid agreements already received, that address each agency's functions." To the extent that I understand the request, there are no other documents or agreements other than what has already been provided. Item 3, the CIP requested "Any FTAA related After -Action Reports obtained from other agencies or internal groups or divisions within the MPD subsequent to the first publication date of the MPD FTAA 2003 After -Action Report." The department has informed me that there are no such documents other than what has already been provided. Item 4, the CIP requested "Identification and description of all less-Iethal mechanical and chemical tools used by law enforcement personnel during the FTAA, such information to include, where applicable, manufacturer, make and model, user manuals, training and OFFICE OF THE CITY ATTORNEY/Legal Unit 400 N.W. 2nd Avenue, Room 420/Miami, Florida 33128/(305) 579-6576 certification requirements, quantity ordered and utilized." This information is available for your immediate review and inspection. The Department has advised me that they are in the process of shepherding and copying the materials. They will be sent to you as soon as I receive them. If I can be of any further assistance, please do not hesitate to ask. Very truly yours, George Wysong, II Asst. City Attorney On behalf of the Miami Police Department Submitted Into the public record in connection with item m,=. t on - xy-os- Priscilla A. Thompson City Clerk Page 2 of 2 (JAW # 41thttrfi SHIRLEY E. RICHARDSON Executive Director May 19, 2004 Capt. Mark Overton City of Hialeah Police Department 76 East 6 Street Hialeah, FL 33010 LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item Pr. S on 4-14-es Priscilla A. Thompson City Clerk Dear Capt. Overton: The Inter and Intra Agency Communication and Coordination Sub -Committee for the City of Miami's Civilian Investigative Panel (CIP) was created to review multi -agency mutual aid agreements and any other collateral agreements and coordination efforts between the Miami Police Department and other law enforcement agencies during the 2003 Free Trade Area of the Americas (FTAA) Ministerial Conference. The goal of this subcommittee is to better understand the events during the FTAA demonstrations and where necessary, make recommendations that will help establish procedures to better manage future multi agency efforts. Many questions must therefore be asked and answers found. The CIP and the sub -committee value and seek your input, comments and recommendations. Many organizations that spent weeks and months planning for the FTAA event have alleged that something went terribly wrong in Miami. Allegations have surfaced that the police unilaterally disregarded agreements reached and work coordinated in the weeks and months prior to the FTAA. There are also allegations of police mismanagement to include lack of communication amongst the different police agencies (shift to shift) from police to organization representatives and to the average citizen. Reports of serious breakdowns in the police chain of command to the extent that officers at times did not have a clear sense as to who was in charge have been received. If any of these allegations are true they must be addressed and corrected. In order to address these issues we seek your assistance in answering the following questions: 1 Did the Mutual Aid Agreements or any other collateral agreements delineate to all agencies the chain of command? Was the command structure transparent to all agencies and officers? Were command personnel and officers from all agencies able to receive new information and ask for guidance? 2 Did the agreements specify what equipment, gear, and/or identification badges were to be used or not used? Were they complied with? CIVILIAN INVESTIGATIVE PANEL 155 South Miami Avenue, Penthouse 1-B / Miami, Florida 33130 / (305, 579-2444 / Fax: (305) 579-2436 S miffed Into the public record in connection with item bt.i on Lj-► q -os- Priscilla A. Thompson City Clerk 3 Did the agreements specify the use of force levels, weaponry and circumstances under which they were to be used? Who was responsible for communicating these instructions and how were they communicated? How were decisions communicated through the command structure? 4 Did the agreements or other collateral agreements address arrest procedures, prisoner processing procedures or lock up? Who was responsible for communicating these instructions and how were they communicated? 5 Did the Mutual Aid agreements or any collateral agreement discuss or disclose the conditions negotiated with the participating organizations/protest groups? Were the agencies informed of the specifics of the agreements with the organizations e.g. location, access routes, identification etc.? 6 Did the Mutual Aid Agreements or other collateral agreements refer to communication procedures between the agencies and the general public or participating organization representatives? Were decisions to change or cancel permitted events and to use force on demonstrators communicated to the various groups' leadership? Lastly, please provide an assessment of the Incident Command System used during the FTAA. Was it helpful in the coordination of the FTAA? Did the command structure employ this system of management in a manner consistent with FEMA standards or did command deviate from the recommended format. What modifications if any would you recommend? , The CIP looks forward to hearing from you and every effort will be made to accommodate your schedule should you wish to respond in person. Questions or concerns regarding this request may be directed to CIP Executive Director, Shirley E. Richardson at 305-579-2444. Sincerely, dit10 i Rudy De La Guardia Sub -Committee Chairperson IU of 4*liax _C SHIRLEY E. RICHARDSON Executive Director May 24, 2004 John F. Timoney Chief of Police Miami Police Department 400 NW 2M Avenue Miami, FL 33128 Dear Chief Timoney: LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item 7- on '1-14- os Priscilla A. Thompson City Clerk Per your letter dated March 4, 2004, requesting "...any future matters being referred to the Miami Police Department by the Civilian Investigative Panel be addressed directly..." to you, please find enclosed letters to three (3) members of the MPD. The letters request answers to specific questions from Assistant Chief Frank Fernandez, Captain Thomas Cannon and Sergeant James Billberry and are from the Inter and Intea Agency Communication and Coordination Sub -Committee. The Sub -Committee was created to review multi -agency mutual aid agreements and any other collateral agreements and coordination efforts between the MPD and other law enforcement agencies during the 2003 Free Trade of the Americas (FTAA) Ministerial Conference. The goal of the Sub -Committee is to better understand the events during the FTAA demonstrations and where necessary, make recommendations that will help establish procedures to better manage future multi agency efforts. As Chairperson of this Sub -Committee, I request your support in having your Staff provide written answers to the questions listed in their individual letters or attend a special Sub -committee meeting to verbally respond to our questions. As always, we welcome your participation and input as well. The date and time of such meeting, if necessary, may be arranged to accommodate their (your) schedules. Please advise as soon as possible as to how this matter will be handled. Thank you in advance for your anticipated support towards addressing these issues. Sincerely, 2• y De La Guaf. Chairperson ter/Intraj+ nunication and Coordination Sub -Committee CIVILIAN INVESTIGATIVE PANEL 155 South Miami Avenue, Penthouse 1-5 / Miami, Florida 33130 / (305, 579-2444 / Fax: (305) 579-2436 SHIRLEY E. RICHARDSON Executive Director May 24, 2004 Asst. Chief Frank Fernandez City of Miami Police Department 400 N.W. 2 Avenue Miami, FL 33128 Dear Asst. Chief Fernandez: LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item . t on Ll-tq-os Priscilla A. Thompson City Clerk The Inter and Intra Agency Communication and Coordination Sub -Committee for the City of Miami's Civilian Investigative Panel (CIP) was created to review multi -agency mutual aid agreements and any other collateral agreements and coordination efforts between the Miami Police Department and other Iaw enforcement agencies during the 2003 Free Trade Area of the Americas (FTAA) Ministerial Conference. The goal of this subcommittee is to better understand the events during the FTAA demonstrations and where necessary, make recommendations that will help establish procedures to better manage future multi agency efforts. Many questions must therefore be asked and answers found. The CIP and the sub -committee value and seek your input, comments and recommendations. Many organizations that spent weeks and months planning for the FTAA event have alleged that something went terribly wrong in Miami. Allegations have surfaced that the police unilaterally disregarded agreements reached and work coordinated in the weeks and months prior to the FTAA. There are also allegations of police mismanagement to include lack of communication amongst the different police agencies (shift to shift) from police to organization representatives and to the average citizen. Reports of serious breakdowns in the police chain of command to the extent that officers at times did not have a clear sense as to who was in charge have been received. If any of these allegations are true they must be addressed and corrected. In order to address these issues we seek your assistance in answering the following questions: 1 Did the Mutual Aid Agreements or any other collateral agreements delineate to all agencies the chain of command? Was the command structure transparent to all agencies and officers? Were command personnel and officers from all agencies able to receive new information and ask for guidance? 2 Did the agreements specify what equipment, gear, and/or identification badges were to be used or not used? Were they complied with? CIVILIAN INVESTIGATIVE PANEL 155 South Miami Avenue, Penthouse 1-B / Miami, Florida 33130 / (305 579.2444 / Fax: (305) 579-2436 3 Did the agreements specify the use of force levels, weaponry and circumstances under which they were to be used? Who was responsible for communicating these instructions and how were they communicated? How were decisions communicated through the command structure? 4 Did the agreements or other collateral agreements address arrest procedures, prisoner processing procedures or lock up? Who was responsible for communicating these instructions and how were they communicated? 5 Did the Mutual Aid agreements or any collateral agreement discuss or disclose the conditions negotiated with the participating organizations/protest groups? Were the agencies informed of the specifics of the agreements with the organizations e.g. location, access routes, identification etc.? 6 Did the Mutual Aid Agreements or other collateral agreements refer to communication procedures between the agencies and the general public or participating organization representatives? Were decisions to change or cancel permitted events and to use force on demonstrators communicated to the various groups' leadership? Lastly, please provide an assessment of the Incident Command System used during the FTAA. Was it helpful in the coordination of the FTAA? Did the command structure employ this system of management in a manner consistent with FEMA standards or did command deviate from the recommended format. What modifications if any would you recommend? The CIP looks forward to hearing from you and every effort will be made to accommodate your schedule should you wish to respond in person. Questions or concerns regarding this request may be directed to CIP Executive Director, Shirley E. Richardson at 305-579-2444. Sincerely, udy De La G}trdia Sub -Con ritee Chairperson Submitted Into the public record in connection with item •'t on '-y-05 Priscilla A. Thompson City Clerk zi...1,Tig 4,11-taxr SHIRLEY E. RICHARDSON Executive Director May 19, 2004 Major Louis Battle Miami -Dade Police Department Special Patrol Bureau 1567 NW 79th Avenue Doral, FL 33126 LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item Ur-1 ony-,y-Ds Priscilla A. Thompson City Clerk Dear Major Battle: The Inter and Intra Agency Communication and Coordination Sub -Committee for the City of Miami's Civilian Investigative Panel (CIP) was created to review multi -agency mutual aid agreements and any other collateral agreements and coordination efforts between the Miami Police Department and other law enforcement agencies during the 2003 Free Trade Area of the Americas (FTAA) Ministerial Conference. The goal of this subcommittee is to better understand the events during the FTAA demonstrations and where necessary, make recommendations that will help establish procedures to better manage future multi agency efforts. Many questions must therefore be asked and answers found. The CIP and the sub -committee value and seek your input, comments and recommendations. Many organizations that spent weeks and months planning for the FTAA event have alleged that something went terribly wrong in Miami. Allegations have surfaced that the police unilaterally disregarded agreements reached and work coordinated in the weeks and months prior to the FTAA. There are also allegations of police mismanagement to include lack of communication amongst the different police agencies (shiftto shift) from police to organization representatives and to the average citizen. Reports of serious breakdowns in the police chain of command to the extent that officers at times did not have a clear sense as to who was in charge have been received. If any of these allegations are true they must be addressed and corrected. In order to address these issues we. seek your assistance in answering the following questions: 1 Did the Mutual Aid Agreements or any other collateral agreements delineate to all agencies the chain of command? Was the command structure transparent to all agencies and officers? Were command personnel and officers from all agencies able to receive new information and ask for guidance? CIVILIAN INVESTIGATIVE PANEL 155 South Miami Avenue, Penthouse 1-B / Miami, Florida 33130 / (305. 579-2444 / Fax: (305) 579-2436 o• 'bmitted Into the public r,,.;ord in connection with item '.‘ on i-14-os Priscilla A. Thompson City Clerk 2 Did the agreements specify what equipment, gear, and/or identification badges were to be used or not used? Were they complied with? 3 Did the agreements specify the use of force levels, weaponry and circumstances under which they were to be used? Who was responsible for communicating these instructions and how were they communicated? How were decisions communicated through the command structure? 4 Did the agreements or other collateral agreements address arrest procedures, prisoner processing procedures or lock up? Who was responsible for communicating these instructions and how were they communicated? 5 Did the Mutual Aid agreements or any collateral agreement discuss or disclose the conditions negotiated with the participating organizations/protest groups? Were the agencies informed of the specifics of the agreements with the organizations e.g. location, access routes, identification etc.? 6 Did the Mutual Aid Agreements or other collateral agreements refer to communication procedures between the agencies and the general public or participating organization representatives? Were decisions to change or cancel permitted events and to use force on demonstrators communicated to the various groups' leadership? Lastly, please provide an assessment of the Incident Command System used during the FTAA. Was it helpful in the coordination of the FTAA? Did the command structure employ this system of management in a manner consistent with FEMA standards or did command deviate from the recommended format. What modifications if any would you recommend? The CIP looks forward to hearing from you and every effort will be made to accommodate your schedule should you wish to respond in person. Questions or concerns regarding this request may be directed to CIP Executive Director, Shirley E. Richardson at 305-579-2444. Sincerely, Rudy De La Guardia Sub -Committee Chairperson METROPOLITAN DADE COUNTY, FLORIDA MCI� May 28, 2004 Mr. Rudy De La Guardia Miami Civilian Investigative Panel 155 S. Miami Avenue - Penthouse 1-B Miami, FI. 33130-1561 Dear Mr. De La Guardia: METRO-DADE POLICE DEPARTMENT POLICE LEGAL BUREAU 9105 N.W. 25TH STREET MIAMI, FLORIDA 33172 JUN032004 C I �'iLL tN ii:S11(.J T►''iE Submitted Into the pudic. record in connection with item r on K-iy--oS Priscilla A. Thompson ` City Clerk This is in response to letters you have sent to several majors of the Miami -Dade Police Department (MDPD). The letters made certain inquiries concerning police activity taken during the FTAA. I am the Miami -Dade Police Department point of contact for any inquiries about Miami - Dade Police Department actions during the FTAA. I have been working closely with the Independent Review Panel during their investigation and attended the joint CIP-IRP meetings at City Hall. If the CIP wants to make any public records requests, please do not hesitate to contact me. I would also ask that any inquiries or correspondence be sent to my office. Sincerely, Thomas Guilfoyle, Esq. c: Susan Torres, Assistant County Attorney County Attorney's Office Ltd SHIRLEY E. RICHARDSON Executive Director July 19, 2004 Mr. Thomas Guilfoyle, Esquire Miami Dade Police Department Police Legal Bureau. 9105 NW 256 Street Miami, FL 33172 Dear Mr. Guilfoyle: of 41$liami LARRY R. HANDFIELD Chairperson Submitted Into the pubiia" record in connection with item lasd_on y�os Priscilla A. Thompson City Clerk This letter serves to follow up to your correspondence dated May 28, 2004 identifying you as point of contact regarding Miami -Dade Police Department (MDPD) actions during the FTAA. As such, any future inquiries the Civilian Investigative Panel (CIP) might have of MDPD actions taken during the FTAA will be referred directly to you. Please provide answers to the questions, along with any documents and or records that would specifically answer the questions as soon as possible such that we may address these issues in our Final Report. The CIP Iooks forward to hearing from you and every effort will be made to accommodate your schedule should you wish to respond in person. Questions or concerns regarding this request may be directed to CIP Executive Director, Shirley E. Richardson at (305) 579-2444. Thank you in. advance for your anticipated support. Sincerely, fa) f Rudy de la Guardia, Chairperson Inter & Intra Agency Communications Sub Committee SER/adb EitJ Qf �t�xxtti SHIRLEY E. RICHARDSON Executive Director September 21, 2004 Mr. Thomas Guilfoyle, Esquire Miami Dade Police Department Police Legal Bureau 9105 N.W. 25th Street Miami, FL 33172 Dear Mr. Guilfoyle: LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item tit. on 4-1y-as Priscilla A. Thompson City Clerk The attached letter(s) from the Civilian Investigative Panel's Inter/Intra Agency Communications Sub -Committee, dated May 19, 2004, requested the assistance of several Miami -Dade County Police Department personnel on issues relating to the 2003 FTAA demonstrations. In a letter of response dated May 28, 2004 you indicated that inquiries concerning the FTAA • should be directed to you. As sub -committee. Chairperson, I would like to schedule a meeting with you or receive your written response to questions and issues outlined in the attached May 191E letter. Your prompt response to this request would be appreciated. Any questions or concerns may be directed to CIP Sub -Committee Chairperson Rudy de la Guardia at (305) 443- 4217 or Michelle Cuello, Liaison at (305) 579-2444. Sincerely, dVtt udy de la Guardia, Chairperson Inter & Intra Agency Communication Sub -Committee SER/CAAJadb Attachments Citg of �Ii�xxrYt SHIRLEY E. RICHARDSON Executive Director October 6, 2004 Robert Parker, Director Miami -Dade Police Department 9105 Northwest 25th Street Doral, FL 33172-1500 Dear Director Parker: LARRY R. HANDFIELD Chairperson Submitted Into the public record in connection with item on 4-: tt-o- Priscilla A. Thompson City Clerk The City of Miami Civilian Investigative Panel (CIP), legislated in February, 2002 by Ordinance No. 12188 and is authorized to "conduct independent investigations of police misconduct, review policies of the police department, and make recommendations to the city manager and/or directly to the police chief." Towards that end, the CIP is presently engaged in fact finding relative to law enforcement actions leading up to, during and immediately following the Free Trade of the Americas Summit (FTAA) held in Miami in November, 2003. In an effort to conduct as thorough an investigation as possible, the CIP requires documents/information from all FTAA host and assisting agencies. As the Miami -Dade Police Department (MDPD) played an integral role during this event and is custodian of documents that may assist the CIP in its investigation, this letter is to respectfully request waiver of Public Records fees associated with receiving copies of all required documents. Your prompt attention and positive response to this request will be greatly appreciated. Kindly direct all inquiries to CIP Executive Director Shirley E. Richardson at (305) 579- 2444 or the address listed herein. Sincere.Jy, 1 11 f'�LG Al`k1 t�,I-J•'"_ Larry R. Handfield, Chairman Civilian Investigative Panel LRH/SER/srr rl\III IAAI IN\/FGTIr.ATI\/F AANFI METROPOLITAN DADE COUNTY, FLORIDA METRO October 27, 2004 • Larry R. Handfield, Chairman Civilian Investigative Panel 155 South Miami Avenue Penthouse 1-B Miami, Florida 33130 Dear Chairman Handfield: METRO-DADE POLICE DEPARTMENT POLICE LEGAL BUREAU 9105 N.W. 25TH STREET MIAMI, FLORIDA 33172 zJT1 NOV 0 1 2004 CIVILIAN INVESTIGATIVE PANEL This is in response to your correspondence to Director Parker and to my office. The letters concern the City of Miami Civilian Investigative Panel (CIP) examination of policies and procedures utilized during the Free Trade Area of the Americas (FTAA) Ministerial Conference. The CIP is also requesting a waiver of fees for public records. Regrettably, the Public Records Act and Miami -Dade County Administrative Order do not permit such a waiver. During the FTAA, the Miami Police Department was the lead agency, with the Miami -Dade Police Department (MDPD) and other police agencies serving in a support role. The MDPD has countywide jurisdiction, including the boundaries of the City of Miami, and therefore did not need to enter into Mutual Aid Agreements. It is our understanding that the Miami Police Department entered into Mutual Aid with a number of other agencies. We are not aware whether those agreements specially address the issues mentioned in your letters. As to questions about equipment, officer identification, weaponry and use of force levels, unless otherwise determined by Miami Police Department command staff, each agency followed its own policies and procedures. These documents, as well as any reports describing their implementation during FTAA, should be available as public record. There were two prisoner processing areas; one staffed by MPD and one staffed by MDPD. Each agency followed its own procedures. Reports have indicated that the Broward Sheriff's Office processed its own prisoners. This office is not aware of any collateral agreements which would have addressed the issues described in your letters. The MDPD was not party to any agreements with organizations or protest groups, and was not advised of decisions affecting the demonstrations. It is important to recognize that the police departments had to base their planning on intelligence information as well as the violence which occurred in Quebec, Seattle, and Cancun. Given these factors, combined with the number of police agencies involved, the Incident Command System was the appropriate model on which to base communication among agencies and with the public. If there are any other questions, please do not hesitate to contact me directly. Sincerely, Thomas Guilfoyle, Esq. Submitted Into the public record in connection with item Zit•? on 9-W-Os Priscilla A. Thompson City Clerk Submitted Into the public record in connection with item Pz . i on -0 5 Priscilla A. Thompson City Clerk Front cover photograph by Jabo Jones