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HomeMy WebLinkAboutMemo - CIP (09.09.14)HORACIO S. AGUIRRE Chairperson 6O: FROM: DATE: SUBJECT: civilianinvestigativepanel The Honorable Mayor and Members offfthe City Commission Cristina Beamud, Executive Director C. August 6, 2014 City of Miami Civilian Investigative Panel 2014-2015 CRISTINA B1 AMUD Executive Director RECOMMENDATION It is respectfully requested that the City Commission consider and adopt the attached budget proposal in the amount of $ 860,400.00 to be presented by the Civilian Investigative Panel at the September 2014 Budget Hearing(s). CIP BACKGROUND As a result of a November 2001 referendum that was supported by over 76 percent of the electorate, 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 was.in response to the demand of the citizens of Miami for independent civilian oversight over the sworn members of the police department by an agency empowered with the authority to issue and enforce subpoenas for testimony and or documents, and for such agency to be comprised of a professional staff, including independent counsel. The Ordinance requires a thirteen member voluntary panel. Section 11.5-27 of the Ordinance sets forth the below listed purpose, powers and duties of the CIP: • Act as independent civilian oversight of the sworn police department; • Exercise its powers so as to not interfere with any ongoing (criminal) investigations an conduct its activities consistent with applicable law, including the Florida Government in the Sunshine Law and with applicable law and labor contracts; CIVILIAN INVESTIGATIVE PANEL 970 SW 1' Street, Suite #305/ Miami, Florida 33130 / (305) 960-4956/ Pax: (305) 400-5013 Web Address: www.miamigov,comkip 1 • Make written recommendations related to the city 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 policies or procedures are implemented, which proposed changes shall be transmitted to the CIP 30 days prior to implementation, except if an emergency requires such change; • Engage the services of trained investigators and secure adequate training for its members, including training in police policies and practices; • 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 a sworn officer of the city police department; • Request issuance of subpoenas, after consultation with the state attorney of the Eleventh Judicial Circuit and approval of CIPindependent 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; • 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; • Forward complaints alleging criminal activity to the city police department and other relevant agencies; • Promulgate rules and procedures for internal governance and standards for training of CIP members and staff, In addition to the foregoing, the CIP is required to submit annually for (the) City Commission approval a budget request pertaining to its functions to cover expenses associated with the execution of its duties. The values and benefits of police oversight in general include the protection of civil rights, greater accountability, help to manage risk, support effective policing, build bridges a.nd increase confidence in the police. BUDGET REQUEST The CIP respectfully submits for adoption by the City Commission, the attached FY 2015 budget proposal in the amount of $860,400 FY 2014 Accomplishments Public Access and Participation 2 During the last fiscal year, the Civilian Investigative Panel has conducted nine (9) regular meetings in order to receive and consider testimony on complaints of alleged police misconduct, to address CIP administrative issues and offer opportunities for citizen input. There are two more meetings scheduled before the end of the fiscal year on September 30, 2014. These meetings are well attended by members of the public and provide a forum for the community to comment on the policies and work of the C1P and police misconduct issues. The meetings also provide a forum for members of the Miami Police Department to educate and inform the Panel members on plans, policies and procedures and new developments. For example, members of the Miami Police Department have informed members of the Panel on the use of lapel cameras, The CIP Complaints Committee holds public meetings monthly. These meetings are attended by complainants, witnesses, officers and concerned members of the public. This committee meets to review investigations conducted by the CIP investigators, hear testimony from the complainants, witnesses, and police officers, and make adjudication recommendations to the full Panel. This is designed to ensure thoroughness of the investigation and to develop thoughtful recommendations for the Panel, the Chief of Police and the City Manager. The CIP provides web access to general information, including applications for CIP membership, complaint forms, annual reports, public meeting schedules and agendas, meeting minutes, tri-lingual brochures and complaint forms. The New Executive Director has spent considerable time meeting with internal and external stakeholders in order to better understand the needs of the community. The internal stakeholders include department heads, City Commissioners and the Mayor's office. The external stakeholders include the NAACP, the ACLU, PULSE, Brothers of the Same Mind, State Representative Cynthia Stafford, and various non -governmental organizations. Case Management The CIP opened 239 cases during the completed fiscal year of 2013. As of August 1, 2014 (during fiscal year 2014), the C1P has opened 199 cases. Of the 239 cases in FY 2013, 27 complaints or 11% were filed directly with the CIP. Internal Affairs forwarded the remainder of the cases for CIP Review or Investigation. This represents a 19% increase in the number of cases opened by the CIP and an 80% increase (from 15 to 27) in the number of cases that came directly from the public to the CIP during FY 2013. The new Executive Director has purchased, installed, and provided training to staff for a program, called IA Pro, which assists with the management of complaints. IA Pro is currently in use internationally by over 500 jurisdictions. This program will support electronic record keeping and will produce graphs and reports as data is added. It also serves as an accountability tool insofar as it reminds supervisors when cases are getting old or tasks are not completed. The Miami Police Department uses this program to manage its internal investigations and the CIP looks forward to moving away from a paper based system. As our database increases, we will be able to provide the Commission and the City Manager information 3 concerning trends and patterns. This will help improve the quality of public safety services in the City of Miami for all citizens. Panel Membership On October 1, 2013, there were two vacancies and three members who had exceeded their six year terms sitting on the Panel. Currently, there are no vacancies and there is only one person who has exceeded her six year term. The Nominating Committee was re -organized in order to comply with the ordinance and community outreach resulted in the committee's receipt and consideration of ten applicants. This process resulted in the appointment of four new members. Further Community Outreach should result in more qualified applicants in order to avoid vacancies and hold -avers. Training The ordinance requires that new members of the CIP complete training in ethics, conflict of interest, and the Florida Sunshine Law, and shall commit to complete the Citizens Police Academy or approved training through NACOLE (National Association of Citizens' Oversight of Law Enforcement) or equivalent programs. The ethics training was provided by Miami Dade Ethics Commission this year and the new members will continue to receive this training. Additionally, the CIP is sending two staff members and four panel members to the NACOLE Annual meeting in September 2014. The program includes training on subjects such as Oversight's Role in Police Training, Legal Updates on Fourth Amendment Law, Use of Force: Development of Effective, Constitutional Policies and Examining Contemporary Issues. Training represents a significant expense, especially when there are four to five new members on the Panel. Additionally, staff members have attended the City's mandatorytrainings including, Diversity Training, Ethics Training and IAPro training. This Investment ensures that staff complies with City requirements and has the necessary skills to use the programs that will make this office more efficient. Fiscal Year 2015 Goals Achieve Operational Savings The Panel and staff will review and manage all processes, contracts and expenditures with the goal of minimizing costs and maintaining the highest level of service Additionally, the Panel intends to hire three persons to achieve prompt investigations and resolutions of complaints. There are currently three vacancies and this has created some challenges. We will remedy this over the course of the next year. Provide Accountability and Transparency There is currently a backlog of about thirty (30) cases, which is being addressed by the staff and the Panel. We will also ensure compliance with the ordinance's time standards, which requires that the case be completed within 120 days. This has been problematic and needs to be addressed. The hiring of the allotted staff and the Panel's full participation will be essential to achieve this goal. 4 Improve the Quality of Public Safety Services The ordinance authorizes the use of tools in order to improve the quality of services provided by both the CIP and the Police Department. The Panel may review policies, may investigate complaints, and may make recommendations to the Chief of Police and the City Manager. The current proposal by the city to hire a large number of new officers, who lack experience, will result .in more complaints and investigations. The ability to conduct thorough investigations and assistance in establishing good policies will improve the quality of services. Provide Value to The City of Miami by Limiting Legal Fees Currently, the CIP contracts with Independent Counsel for $133,000.00 per year plus $ 7000.00 for malpractice insurance. The contract was finalized on January 15, 2014 for three years. As of October 1, 2014, there will be 27 months left on the contract. Providing the Commission agrees, the Panel would like to provide the current Independent Counsel $ 175,000 to terminate the contract. This will save the city $ 90,000 per year, after considering the payment to a law firm for $50,000 in legal services per year. Thus, the $175,000 will be recovered in less than two years and will provide added value to the City of Miami over the course of the next decade. Questions or concerns regarding information contained in this report may be directed to Cristina Beamud, Executive Director of the CIP at 305-960-4952, or to Horacio Stuart Aguirre, CIP Budget Committee Chair at 305-613-5880.