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HomeMy WebLinkAboutCIP Employment Waiver CCMemoCITY OF MIAMI INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission From: Priscilla A. Thompson City Clerk Date: Subject: References: Enclosures: September 28, 2011 Civilian Investigative Panel October 13, 2011 Agenda List of members The Civilian Investigative Panel (CIP) was established to: (1) act as independent civilian oversight of the sworn Police Department; (2) exercise its powers so as to not interfere with any ongoing investigations and conduct its activities consistent with applicable law, including the Florida Government in the Sunshine Law and with applicable law and labor contracts; (3) make written recommendations related to the Miami Police Department policies and procedures concerning but not limited to training, recruitment and notification system for corrective disciplinary procedures and provide input to the Chief of Police before changes in police department policy or procedure are implemented, which proposed changes shall be transmitted to the CIP 30 days prior to implementation except if an emergency requires such change; (4) engage the services of trained investigators and secure adequate training for its members, including training in police policies and practices; (5) conduct investigations, inquiries and public hearings to make factual determinations, facilitate resolution and propose recommendations to the City Manager and Police Chief regarding allegations of misconduct by any sworn officer of the City of Miami Police Department; (6) request issuance of subpoenas, after consultation with the State Attorney of the Eleventh Judicial Circuit, (Miami -Dade County) and approval of CIP Independent Counsel, for the purpose of obtaining evidence from witnesses and production of books, papers, and other evidence, which subpoenas shall be signed, served and enforced pursuant to applicable law, provided that no immunity be conferred by the CIP; (7) enhance understanding of the process of submitting, processing and responding to citizen complaints regarding misconduct by police officers; (8) issue reports to the Mayor, City Commission, City Attorney, City Manager, Chief of Police and the public; (9) make recommendations as to the disposition of alleged incidents of police misconduct, to which the Police Chief is required to respond in writing within thirty (30) days; (10) forward complaints alleging criminal activity to the City of Miami Police Department and other relevant agencies; (11) promulgate rules and procedures for internal governance and standards for training of CIP members and staff. One (1) Employment waiver is required at this time:* • Ducosse Delva, board selected and confirmed by Commission on June 9, 2011, is a full-time Employee of Miami -Dade County Public Schools and a City resident; requires the waiver of employment restriction of Section 2-884 (e) by a four/fifths (4/5ths) affirmative vote of the Commission. * This item was continued from September 15, 2011 Commission meeting. For your convenience, we are including a copy of the current membership of said board. By copy of this memorandum, we are requesting that the Agenda Office place this issue on the October 13, 2011 Commission agenda. PAT: sa c: Maria J. Chiaro, Assistant City Attorney Elvi Gallastegui, Agenda Coordinator Carol Abia, Interim Executive Director, CIP Charles C. Mays, Independent Counsel Manuel Orosa, Interim Chief of Police