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HomeMy WebLinkAboutCIP CCMemoCITY OF MIAMI INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission From: Todd B. Hannon City Clerk Date: Subject: References: Enclosures: August 21, 2014 Civilian Investigative Panel Agenda for September 11, 2014 List of members, Memo and Resumes 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. As per ordinance 13186 (Sec 11.5-28), effective July 24, 2010, the CIP shall consist of 13 members who shall reflect the racial, gender, ethnic, religious, linguistic, sexual orientation and cultural diversity of the City of Miami. The membership shall include at least two members from each of the five City of Miami commission districts who permanently reside in, own real property in, or work or maintain a business in, each of those districts. The City commissioners shall select ten (10) members and the mayor shall recommend two (2) members from the names submitted by the CIP nominating committee and the Chief of police of the city shall appoint one (1) member. Pursuant to Sec. 11.5-28(g) No CIP member shall serve more than six consecutive years on the CIP. Members shall continue to serve until their successors have been appointed and qualified. The CIP has nominated the following individuals for consideration and confirmation by the Commission. Vacancies (other than the position to be filled by the Police Chief) in the membership of the CIP shall be filled by the Mayor and Commissioners exclusively from names submitted to it by the CIP. 1. Rolando Aedo, District 2, incumbent, whose term expires on October 13, 2014, has exceeded the number of allowed absences (5 in 2012), and would require a 4/5ths waiver of attendance.* 2. Daniel Suarez, District 3, incumbent, whose term expires on October 13, 2014. 3. Rafael Cabrera, District 4, proposed to replace incumbent Michelle Delancy. 4. Ducosse Delva, District 5, incumbent, whose term expired on June 9, 2014, is a full-time employee of Miami -Dade County Public Schools and a City resident, and will require a waiver of employment restriction of Section 2-884(e) by a 4/5ths affirmative vote of the Commission.* The following seat requires an attendance waiver: 1. William Alvarez, incumbent, whose term expires on January 31, 2015, has exceeded the number of allowed absences (4 in 2014) and the number of allowed consecutive absences (3 in 2014 and 3 in 2013), and would require a 4/5ths waiver of attendance.* For your convenience, we have included a copy of the current membership list of the CIP. By copy of this memorandum, we are requesting that the Agenda Office place this issue on the September 11, 2014, Commission agenda. TBH:ne c: Barnaby L. Min, Deputy City Attorney Cristina Beamud, Executive Director Charles C. Mays, Independent Counsel Manuel Orosa, Chief of Police Julia D. Hernandez, Agenda Coordinator This item was continued from April 10, 2014, May 8, 2014, June 12, 2014, and July 10, 2014, Commission meetings. This item was continued from June 12, 2014, and July 10, 2014, Commission meetings. This item was continued from April 10, 2014, May 8, 2014, June 12, 2014, and July 10, 2014, Commission meetings.