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HomeMy WebLinkAboutMemos - CIPCI CIVILIAN INVESTIGATIVE PANEL To: The onorable Mayor and Members of the City Commission From: _ems •'la, n erim Executive Director Date: August 7, 2012 Subject: City of Miami Civilian Investigative Panel 2012-2013 Budget Proposal Enclosures: 5 RECOMMENDATION It is respectfully requested that the City Commission consider and adopt the attached budget proposal in the amount of $464,000.00 to be presented by the Civilian Investigative Panel at the September 2012 Budget Hearing(s). CIP BACKGROUND Following a voter referendum in November 2001, the Civilian Investigative Panel (CIP) was created in 2002 under Chapter 11.5 of the Code of the City of Miami and Ordinance No. 12188 ("Ordinance"). The referendum, which was approved by over 76 percent of the electorate, was in response to the demand of the citizens of Miami for independent civilian oversight of. the sworn police department by an agency with subpoena power, and comprised of a professional staff, including Independent Counsel. The Ordinance called for a thirteen member panel to include an appointee of the Chief of Police. All members serve on a volunteer basis. The purpose, powers and duties of the CIP are as follows: • To conduct investigations, inquiries and evidentiary hearings into allegations of police misconduct. • To request issuance of subpoenas for the purpose of obtaining evidence from witnesses, production of documents etc., after consultation with the State Attorney and CIP Independent Counsel. • To make factual determinations, facilitate resolutions and propose recommendations to the City Manager and Chief of Police. • To review and make recommendations regarding the Miami Police Department's existing policies and procedures, including training and recruitment and provide input to the Chief of Police prior to implementation of new or revised policies and procedures. • To issue reports to the Mayor, City Commission, City Attomey, City Manager and the Chief of Police. • To conduct regularly scheduled public meetings and to convene special and emergency meetings and public hearings as necessary. The CIP is further required to submit annually, for City Commission approval, a budget request pertaining to its functions to cover expenses during the execution of its duties. BUDGET REQUEST The CIP submits for adoption by the City Commission, the attached FY 2013 budget proposal in the amount of $464,000.00. FY 2012 CIP ACCOMPLISHMENTS Achieved Operational Savings Consolidated the functions of the CIP Executive Director and CIP Chief Investigator to be performed by a single individual under the title and function of Chief Administrative Investigator. Additional reviews of CIP position classifications are underway in an effort to achieve greater operational efficiencies and cost savings. Maximized operations and efficiencies in spite of significant reductions in budget and staff. The CIP continues to strive on a minimal budget and with a committed, skeletal staff so as to achieve goals and expectations. Staff has undergone and continues to undergo cross training to assume other functions when necessary. Minimized cost of accommodating two new investigators, identifying and procuring low cost building materials, City surplus equipment and furnishing and using work force from the City's General Services Administration (GSA) to construct two small work areas. Procured civilian oversight training for CIP members and staff at a 66% fee reduction. The eight - hour training was offered to all staff and Panel members at a reduced fee of $500. Facilitated Service Access for Customers Conducted nine regular, monthly CIP meetings to date, to discuss and hear testimony on complaints of alleged police misconduct, to address CIP administrative issues and offer opportunity for citizen input and expert presenters on a wide range of law enforcement topics. The CIP will conduct eleven such meetings by the end of the fiscal year. The CIP will also conduct approximately eighteen Committee meetings by the end of the fiscal year. The Complaints Committee meets monthly to review investigations and submit recommended findings to the full Panel. Testimony from principals and witnesses to complaints are initially heard by the Complaints Committee. The Budget and Finance Committee is scheduled to meet quarterly and is tasked with oversight of the CIP's financials and to work with staff in developing an annual budget. Other active Committees include the Nominating Committee, Outreach Committee, By -Laws Committee and Ordinance Review Committee. Provided internet web access to general information on the CIP, to include applications for CIP membership, annual reports, public meeting schedules, meeting minutes, tri-lingual brochures, tri- lingual complaint forms and customer service surveys. Updated and printed new CIP brochures, securing expert graphic design services from the City's General Services Administration. Brochures are being made available from Neighborhood Enhancement Team (NET) offices, the Miami Police headquarters and substations. Developed a new format for CIP complaint forms to facilitate intake of citizens' complaints. New forms will be made available at all Neighborhood Enhancement Team (NET) offices, the Miami Police headquarters and substations. Maintained a year -long recruitment effort for Panel members so as to meet the revised Ordinance requirement for geographic, ethnic, gender and other diversities that are represented in the Miami community. Provided Employees With Key Information Identified and provided training opportunities for CIP staff and Panel members to include required attendance at the Miami Police Department's Citizen Police Academy, the National Association for Civilian Oversight of Law Enforcement (NACOLE) training conference and presentations offered by Employee Relations, the Office of the City Clerk, Office of the City Attorney, Miami -Dade State Attorney's Office and Miami -Dade County Commission on Ethics. Conducted a CIP Retreat for all Panel members and staff. The theme was 'Understanding the Mandate and Mapping New Paths.' The CIP was joined at the retreat by members of the American Civil Liberties Union, Haitian American Grass Roots Coalition, Neighbors and Neighbors Association and the Miami Workers Union. Topics included an overview of civilian oversight generally, a discussion on the CIP's enabling ordinance and scope of its authority, a review of the CIP's By -Laws, and expanding outreach efforts. Provided Excellent Customer Service The following represents the CIP's case management statistics through the third quarter of Fiscal Year 2012. • Opened 157 cases of alleged police misconduct. Of the 157 cases opened by the CIP, 8% were directly filed with the CIP. The remaining cases were initially filed with the Miami Police Department's Internal Affairs Unit and received by the CIP for independent investigation and/or review. • Completed 131 investigations and/or reviews. • There are 267 pending/open cases as of July 31, 2012. All CIP case findings and recommendations are submitted to the Chief of Police, City Manager, Mayor and City Commission. The following represent some of the findings and recommendations of the CIP. Where the CIP's findings are inconsistent with those of the Miami Police Department (MPD), notification and recommendations are submitted to the Chief of Police and copies sent to the City Manager, City Attorney and City Commission. • Submitted six notifications/alerts to the MPD on officers who have been placed on the CIP's Monitor List or who are already on the list but have received an additional complaint warranting a new entry. Officers are added to CIP Monitor List when they accumulate a predetermined number of complaints and are tracked by the CIP for repeat complaints. The MPD is notified when an officer is added to the list and again when he/she receives additional complaints requiring a new entry on the list. The discretion lies with the MPD as to any remedial/disciplinary action to be taken. • Recommendation that MPD reconsider its finding of Inconclusive in case involving an allegation of abusive treatment with evidence of significant injury to the Complainant's face and torso where photos taken prior to the principal officers' transport to the County jail did not reflect any injury to the Complainant. Photographs taken on arrival and booking at the County jail, however, clearly depicted injuries. The County Medical Examiner's report indicated the injuries to be consistent with taser usage, trauma by hand or fist and apparent contact with the cage in a police vehicle. The CIP substantiated the complaints of Abusive Treatment Improper Procedure, Misconduct and Negligence of Duty. Internal Affairs, however, rendered Inconclusive findings for Abusive Treatment and Misconduct and sustained only on Improper Procedure and Negligence of Duty. • Request for IA review of case involving officers who disregarded their supervisor's order to photograph injuries allegedly inflicted by them during their arrest of an elderly, female complainant. The CIP substantiated the complaints of Abusive treatment and Discourtesy. Internal Affairs rendered a finding of Inconclusive for Abusive Treatment and Discourtesy but failed to address the officers' failure to obey a direct order from their superior officer to photograph the injury. • Failure of officers to obtain consent prior to warrantless searches where no exigent circumstance arose. Given the frequency of such complaints, the CIP has repeatedly recommended that the MPD institute a policy for requesting signed authorization to conduct a warrantless search. The MPD has not taken action on the CIP's recommendation. • Failure of officers to provide names or identifying information when requested. • Noted and repeated complaints that officers fail to use their discretion and avoid unnecessary cost to an arrestee by the towing vehicles where the vehicle's owner requests alternate arrangements. • Failure of undercover officers assigned to several law enforcement task forces to properly document and notify the MPD administration on undercover activities. Work sheets are invariably not submitted. The CIP has issued several recommendations to the MPD and met with the Chief of Police regarding lack of documentation by both Miami officers and joint agencies operating undercover within the City without prior notification. Safety concerns for officers and citizens were raised. A seminal case investigated by the CIP involved what was believed to be a multi -agency police task force, including Miami officers, who entered a food establishment and prior to identifying themselves, held one of the patrons at gunpoint. Customers initially believed it was a robbery in progress. • An officer confiscated a complainant's recording device after it was used to record alleged police misconduct and alleged illegal acts by a landlord. The recorder was improperly taken from the complainant and tumed over by a police officer to the landlord. It was subsequently reported as lost. The CIP rendered findings of substantiated against the officer for Improper Procedure and Missing Property. IA sustained on the allegation of Missing Property but rendered a finding of Inconclusive as to Improper Procedure. • An officer admitted to destroying parking vouchers found in a suspect's possession after the suspect was arrested by him for conducting business without a license. The CIP sustained the allegation of Destruction of PropertyMissing Property. Internal Affairs rendered a finding of Cleared. • Several complaints of abusive treatment by officers on persons experiencing seizures, where officers failed to recognize the symptoms, did not timely request emergency rescue service and used force on the mistaken belief that the individuals were resisting. A concem for persons in crisis prompted the CIP to invite the City of Miami's Crisis Intervention Team (CIT) to appear before the Panel to explain the service provided. The CIP applauded the efforts of the CIT. Questions were raised however concerning whether the CIT training was being offered to both new and veteran officers. The MPD advised that efforts are underway to provide introductory training to all new officers and to expand the number of officers receiving specialized training to conduct crisis response. • The CIP recommended review and possible revisions to MPD policies, procedures and/or practices pertaining to recruitment and retention of officers who reveal disciplinary problems during basic training and/or probationary period. • Failure of Internal Affairs to adequately investigate a complaint involving unprofessional, discourteous actions by officers during court proceedings which prompted the defense attorney assigned on the case to advise the judge of the occurrence. Two attorneys subsequently provided testimony to the CIP in support of the allegations. The CIP sustained the complaint. Internal Affairs rendered a finding of Inconclusive, indicating difficulties in contacting the attomeys. • On multiple occasions, an officer believed to be personally involved with a complainant's ex- wife, arrested the complainant and reportedly involved himself in preventing enforcement of an Interpol warrant for her arrest on human trafficking. The Complainants public defender appeared before the Panel and testified about the case. The CIP sustained the allegations of Harassment and Misconduct. Internal Affairs closed the case as a non -complaint. The CIP has since been contacted by the Department of Homeland Security for information. FY 2013 GOALS Achieve Operational Savings To continue to review and manage all processes, contracts and expenditures with a view to minimizing costs while maintaining the highest level of service. To recruit for the CIP Chief Administrator position expected to become vacant in July 2013. Develop Strategic Skills To review and revise, as necessary, existing operating procedures for all CIP functions. Facilitate Service Access for Customers To continue to work with the Miami Police Department towards increased cooperation and responsiveness. To continue to follow through on the Civilian Investigative Panel's mandate to structure, improve, and facilitate service through extensive outreach projects recommended and developed by the CIP's Outreach Committee. To complete the Civilian Investigative Panel's Comprehensive FY 2012 Annual Report by January 2013. Provide Employees With Key Information To provide mandatory and necessary training opportunities for each employee in identified areas of specialization and meet mandatory training requirements for Panel members. Provide Excellent Customer Service To fully utilize the services of three investigators and administrative support staff to reduce the number of backlogged cases and to increase case intake and disposition by 100%. This increase in case disposition will also reduce the backlog of cases which in part resulted from operating for two consecutive years with a single investigator. There will be no immediate increase in administrative staff. Instead, the CIP will initially focus on re -building its primary functions of conducting investigations and policy review. Community outreach functions will also receive increased focus with significantly increased reliance on the Panel's volunteer membership. To continue to review MPD's proposed policy revisions and submit any recommendation to the Chief of Police within the requisite 30 days. To address any other matters that fall within the purview of the CIP. Questions or concerns regarding information contained in this report, may be directed to the CIP Interim Executive Director/Chief Administrative Investigator Carol A. Abia at (305) 960- 4950. CAA/ Enclosures P CIVILIAN INVESTIGATIVE PANEL CI To: Johnny Marinez City Manager From: Date: Subject: I A. Abia, Interim Executive Director August 7, 2012 City of Miami Civilian Investigative Panel 2012-2013 Budget Proposal Enclosures: 6 Attached for your information is the Civilian Investigative Panel's FY 2013 Proposed Budget request in the amount of $464,000.00. This matter is scheduled to be heard by the City Commission at Budget Hearing(s) in. September 2012. For additional information, questions or concerns regarding information contained in this report, please contact the CIP Interim Executive Director Carol A. Abia at (305) 960-4950. CAA/