HomeMy WebLinkAboutCIP Employment Waiver CCMemo 9-15-2011CITY OF MIAMI
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
From: Priscilla A. Thompson
City Clerk
Date:
Subject:
References:
Enclosures:
August 17, 2011
Civilian Investigative Panel
September 15, 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.
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 September 15,
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
Miguel A Exposito, Chief of Police