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HomeMy WebLinkAboutBack-Up from Law Dept8/18/2015 M iami, FL Code of Ordinances Sec. 51. Civilian investigative panel. The city commission shall, by ordinance, create and establish a civilian investigative panel to act as independent citizens' oversight of the sworn police department, to be: (A) Composed of an appointee of the chief of police who is not a City of Miami police officer, and exclusively of a number of civilian members to be determined who shall be nominated by the public and appointed by the city commission; (B) Advised by independent counsel who is a competent member of the Florida Bar with at least. seven years membership in the Florida Bar and is generally knowledgeable in municipal law, and appointed by the panel with the approval of the city attorney and with authority to remove by the city attorney; (C) Staffed with professional personnel including an "Independent Counsel," and operated on an annual approved budget; (D) Authorized with "subpoena powers" that may only be used upon the approval of the "Independent Counsel" and in "consultation" with the state attorney of Miami -Dade County, further, the CIP may not confer immunity and must advise all city employees appearing before it that no adverse consequences will result from the valid exercise of their right to be free from self incrimination, further, all actions of the CIP shall not interfere with any pending or potential criminal investigation or prosecution; and (E) Authorized to: (1) Conduct independent investigations of police misconduct, (2) Review policies of the police department, and (3) Make recommendations to the city manager and/or directly to the police chief, to which a timely written response shall be received within 30 days. (Res. No. 01-844, § 2, 8-9-01) about:blank 1/1 8/18/2015 Miami, FL Code of Ordinances ARTICLE II. - THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL Sec, 11.5-26. - Created; established. The Civilian Investigative Panel ("CIP") is hereby created and established. (Ord. No. 12188, § 1, 2-14-02) Sec. 11.5-27. - Purposes, powers and duties. The purpose, powers and duties of the CIP are 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 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 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 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 30 days; (10) Forward complaints alleging criminal activity to the city police department and other relevant agencies; (11) Promulgate rules and procedures for internal governance and standards for training of CIP members and staff. (Ord. No. 12188, § 1, 2-14-02) Sec. 11.5-28. - Membership; nomination of members; terms of office and vacancies; appointment of the about:blank 1/7 8/18/2015 Miami, FL Code of Ordinances CIP nominating committee. (a) Membership. The CIP shall consist of 13 members who shall reflect the racial, gender, ethnic, religious, linguistic, sexual orientation and cultural diversity of the city. The membership shall include at least two members from each of the five city commission districts who permanently reside in, own real property in, or work or maintain a business in, each of those districts. The CIP members shall be appointed as follows: (1) The city commissioners shall select ten members from the names submitted by the CIP nominating committee; (2) The mayor shall recommend two members from the names submitted by the CIP nominating committee for consideration for appointment by the city commission; (3) The chief of police of the city shall appoint one member, who shall serve at the will of the chief of police. (b) Nomination of members. (1) The CIP shall appoint a CIP nominating committee to solicit and screen applications, interview potential candidates to be appointed for membership and submit such candidates. The CIP, upon majority vote, shall submit nominations to the city commission for appointments to fill vacancies on the CIP. All appointments to the CIP should be made to maintain the diversity and composition of the CIP set forth in subsection (a), (2) The CIP nominating committee shall solicit applications in English, Spanish and Creole for members of the CIP in public notices disseminated throughout the community and through the media and city NET Offices. In addition, applications may be submitted to the CIP directly by members of the city commission and community based, civic and social service groups, leagues and organizations. (3) All applications considered by the CIP nominating committee and the CIP shall be evaluated without regard to the individual or entity that solicited or submitted the application. (c) Appointment of the CIP nominating committee and selection of appointees to the CIP. (1) The CIP nominating committee shall be composed of five members of the CIP, with one member representing each of the five commission districts, except as set forth in subsection (2)a. CIP nominating committee members shall be approved by a majority vote of the CIP. (2) The CIP nominating committee shall reflect the racial, gender, ethnic, religious linguistic, sexual orientation and cultural diversity of the city. a. In the event the CIP does not include at least one member representing each of the five commission districts, then the CIP shall fill vacancies on the CIP nominating committee with members of the general public who permanently reside in, own real property in, or work or maintain a business in, the unrepresented districts. To fill such vacancies, the CIP shall solicit applications in English, Spanish and Creole for CIP nominating committee members in public notices disseminated throughout the community and through the media and city NET Offices, with an emphasis on the unrepresented district or districts. In addition, applications may be submitted by community based, civic and social service groups, leagues and organizations. b. When the composition of the CIP includes at least two members from each of the five commission districts appointed by the commission, any member of the CIP nominating committee who serves pursuant to subsection (2)a. shall be replaced by a CIP member about:blank 2/7 8/18/2015 Miami, FL Code of Ordinances representing the same commission district. (3) No CIP nominating committee member shall serve on more than two consecutive nominating committees. (d) Qualifications for members of the CIP. (1) All members of the CIP shall be either permanent residents of the city, own real property in the city, or work or maintain a business in the city, except for the appointee of the chief of police, and shall have good reputations for integrity and community service and shall have no record of a felony conviction. (2) No appointee to the CIP, nor any member of the appointee's immediate family, except for the appointee of the chief of police, shall be currently employed by the city nor be a sworn former employee of the city police department. No appointee may be currently a party or party's legal representative in litigation against the city. The filing of a complaint against the city alleging liability of the city through actions of any police or other sworn or enforcement personnel shall immediately disqualify any appointee from serving on the CIP. Any appointee who has been the legal representative of any party in litigation against the city is prohibited from serving on the CIP for two years from the conclusion of such litigation. (3) Upon assuming the duties of CIP membership members shall complete training in ethics, conflict of interest, and the Florida Sunshine Law, and shall commit to complete Citizens Police Academy Training or approved training through NACOLE (National Association of Citizens' Oversight of Law Enforcement) or equivalent programs. If the individual appointed by the chief of police is a former police officer or if any of the other appointees have completed citizens police academy training or approved training through NACOLE or equivalent programs within one year prior to the individual's appointment to the CIP, such individual is exempt from the requirement for such law enforcement training only. (e) [Appointment by majority vote.] The city commission shall appoint all members of the CIP (except the appointee of the chief of police) by majority vote exclusively from the nominations submitted to it by the nominating committee. (f) [Vacancies.] Vacancies (other than the position to be filled by the city police chief) in the membership of the CIP shall be filled by the city commission by majority vote exclusively from names submitted to it by the CIP. (g) Terms of office. The terms of office of the members of the CIP appointed by the city commission shall be for three years. The terms of the members appointed by the city commission shall be unaffected by the terms of the mayor and city commissioners. CIP members shall continue to serve until their successors have been appointed and qualified. To effect the transition of the existing membership of the CIP, as of the effective date of Ord. No. 13186, the nominating committee chair of the existing CIP shall compose a nominating committee that reflects the requirements herein; and submit nominations of proposed new CIP members consistent with the requirements of this section directly for appointment by the city commission. No CIP member shall serve more than six consecutive years on the CIP. (Ord. No. 12188, § 1, 2-14-02; Ord. No. 12315, § 1, 1-23-03; Ord. No. 12379, § 1, 6-12-03; Ord. No. 13186, § 1, 6-24-10) Sec. 11.5-29. - Officers. about:blank 3/7 8/18/2015 Miami, FL Code of Ordinances The CIP shall elect, by majority vote, from its members, a chairperson, vice -chairperson, and such other officers as deemed necessary. The chairperson of the CIP shall have the power to appoint all members serving on the various committees that the CIP may establish from time to time. (Ord. No. 12188, § 1, 2-14-02) Sec. 11.5-30. - Meetings, quorum and voting; attendance requirements; parliamentary procedures and rules of procedure; recordation. (a) Meetings, quorum and voting. All meetings of the CIP shall be open to the public. The chairperson or three members of the CIP may call a meeting, provided that the meeting is noticed for at least seven days prior to the meeting date and pursuant to the provisions set forth in section 11.5-36. A quorum shall consist of seven members of the CIP. An affirmative vote of not less than 51 percent of the members present and voting at any meeting is required for any action to be taken by the CIP unless otherwise set forth herein. (b) Attendance requirements. The provisions set forth in section 2-886 of this Code shall apply to all members of the CIP. (c) Parliamentary authority and rules of procedure. The parliamentary authority of the CIP shall be Robert's Rules of Order (Current Edition) unless the CIP adopts its own order of business and rules of procedure governing its meetings, and actions on matters within its jurisdiction, not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the city clerk. Copies of minutes of all CIP meetings shall be furnished to the mayor, commissioners, city manager, city attorney and chief of police. (d) Recordation. The CIP shall be responsible for the recordation and transmittal of its minutes and may request the city clerk to carry out recordation functions. (Ord. No. 12188, § 1, 2-14-02) Sec. 11,5-31. Procedures. The following procedures shall be followed: (1) Complaints concerning allegations of misconduct may be submitted to the CIP. a. All complaints shall be reduced to writing using a form approved by the CIP for that purpose; b. The police department shall be notified of complaints received by the CIP within two working days; c. All complaints must be submitted within a year of the date of the incident giving rise to the complaint. Complaints filed after one year of the alleged misconduct may, however, be reviewed by the CIP only if approved by a majority vote of its members; d. The CIP shall not accept complaints concerning incidents predating the effective date of the city Charter amendment providing for this chapter. (2) The review or investigation of complaints shall proceed as set forth herein. a. Investigation of complaints related to police misconduct received by the CIP. The CIP may proceed with an investigation after determination by its independent counsel, who shall be required to consult with the appropriate prosecutorial agencies, that an investigation will not interfere with any pending criminal investigation. A decision of the CIP to proceed with an investigation may be challenged by any agency engaged in such investigation or prosecution about:blank 4/7 8/18/2015 Miami, FL Code of Ordinances by seeking judicial order in Law or equity in a court of competent jurisdiction in accordance with general law. Written notification of such challenge to the CIP shall stay the investigation for 48 hours permitting the agency to obtain such judicial order; (b) Internal affairs reports. At the conclusion of the internal affairs investigation, the internal affairs report prepared for the Chief of Police shall be transmitted to the CIP within three working days; (c) Upon written determination by its independent counsel that an investigation of allegations of police misconduct may commence or after review of the internal affairs report, the CIP may: 1. Request that the chief of police conduct further investigation, or (ii) Obtain further case -specific information from the chief of police, including written materials, audio or video tapes, and related documents, or (iii) Conduct an independent investigation, such investigation to be concluded within 120 days, or (iv) Notice and hold a hearing to gather evidence, or (v) Report its written findings and conclusions to the city manager and/or the chief of police; d. If the CIP fails to act within the time periods specified in subsection (3) herein below, the complaint file shall be closed without a finding; e. The CIP chairperson may assign a member or committee to review Internal Affairs reports and make a recommendation that the CIP take one of the actions enumerated in subsection c. above; f. Affected officers, and complainants, to the extent permitted by law, shall receive copies of CIP reports to the police department, and of the CIP's requests for information. (3) The review or investigation process shall be concluded: a. Within 30 days of receiving the internal affairs report; b. Within 120 days of receiving the determination that an independent investigation may commence; (4) At the conclusion of each review or investigation, the CIP shall render one of the following findings based on the preponderance of the evidence: a. Unfounded where the review or investigation shows that the act or acts complained of did not occur or were misconstrued; b Exonerated where the acts that provide the basis for the complaint occurred, but the review or investigation shows such acts were proper; c. Not sustained where, for example, the review or investigation fails to disclose sufficient facts to prove or disprove the allegation made in the complaint; d. Sustained where, for example, the review or investigation discloses sufficient facts to prove the allegations made in the complaint; e. No finding where, for example, the complainant failed to produce information to further the investigation, the review or investigation revealed that another agency was responsible, and the complaint has been referred to that agency, the complaint withdrew the complaint, the complainant is unavailable to clarify the complaint, or the officer is no longer employed by the city, or the CIP did not reach a conclusion. (5) about:blank 5/7 8/18/2015 Miami, EL Code of Ordinances At the conclusion of its review or investigation the CIP shall forward its written findings and conclusions to the chief of police and to affected officers and, to the extent permitted by law, to the complainants to which a timely written response shall be received from the chief of police within 30 days. (Ord. No. 12188, § 1, 2-14-02) Sec. 11.5-32. - Subpoena power. (a) The CIP may subpoena witnesses and documents when conducting an independent investigation of allegations of police misconduct as follows: (1) A request for a subpoena must be presented to and reviewed by the CIP independent counsel; (2) The CIP independent counsel may deny or approve the request after consulting with the state attorney's office; (3) If approved by the CIP independent counsel, the CIP may issue the subpoena with an affirmative vote of seven of its members. (b) The subpoena shall be valid only within the jurisdictional limits of the city. However, the CIP may seek enforcement and extraterritorial domestication of its subpoenas in accordance with general law. (Ord. No. 12188, § 1, 2-14-02) Sec. 11.5-33. - Procedures related to city employees and witnesses. (a) When a city employee appears before the CIP in response to a subpoena, such employee shall be formally advised prior to the commencement of testimony that if the employee has a good -faith belief that the testimony would tend to be self -incriminating, and if, in reliance upon that good -faith belief, the employee declines to answer any question, that the employee's decision not to provide testimony will not subject him or her to any adverse employment consequences. Any employee who, after receiving such advice, decides to testify or provide evidence, must sign a statement acknowledging that the employee understands the advice and is testifying or providing evidence voluntarily and knowingly. (b) A police officer who is the subject of an investigation shall be informed of the nature of the investigation and provided with a copy of the complaint prior to being interrogated. (c) A person who appears before the CIP in response to a CIP request for testimony may be represented by counsel or any other representative of his or her choice, which representative may be present at all times during the subject's appearance before the CIP. (d) The CIP may hold evidentiary hearings requiring witnesses in the manner set forth in section 11.5-30. Only the subject of the complaint, witnesses, their attorneys or representatives and CIP members may participate in evidentiary hearings. (e) Policies and procedures shall be established to ensure compliance with Chapters 112 and 119 of the Florida Statutes and any other applicable laws. (Ord. No. 12188, § 1, 2-14-02) Sec. 11.5-34. - Administrative assistance; independent counsel. When requested by the CIP, the city manager, city attorney, and the city clerk shall provide full cooperation and assistance, however, the city manager and city attorney are not required to attend the meetings of the CIP, except to advise the CIP, at its initial meeting, of procedural laws and regulations related to public records and the Sunshine Law. The city clerk and the city attorney may conduct annual workshops to further inform the CIP of the aforementioned laws and regulations. An attorney -at -law about:blank 6/7 8/18/2015 Miami, FL Code of Ordinances admitted to practice in Florida for at least seven years shall be employed by the CIP as independent counsel, subject to the approval of the city attorney and the authority of the city attorney to remove the independent counsel from employment. (Ord. No. 12188, § 1, 2-14-02) Sec. 11.5-35. - Review and approval of annual budget. (a) Effective immediately, the CIP shall establish a fiscal year that coincides with that of the city. The CIP shall submit to the city commission, in a form acceptable to the city manager, and no later than April 1 preceding the commencement of each fiscal year, a CIP budget request pertaining to its functions. The city manager shall assign appropriate personnel to assist in the preparation of the budget for the CIP and provide administrative support to the CIP. The city manager shall present the total estimated dollar appropriations necessary to cover expenses incurred by the CIP during the execution of its duties to the city commission for its review and consideration in the annual budget of the city. Nothing contained herein shall be construed to prohibit the CIP from submitting a supplemental budget and appearing before the city commission to request approval. (b) No expenditure shall be made in any given year without approval by the city commission of the CIP budget for that year and all expenditures shall comply with city procedures for acquisition of goods and services. (c) No provision contained in this chapter shall be construed to violate the Anti -Deficiency Act, as set forth in sections 18-500 through 18-503 of this Code. (d) At the conclusion of one year from the effective date of this Chapter, the members of the CIP may appoint an executive director of the CIP. Such appointment and the terms and conditions of the director's employment shall be subject to approval by the city commission. The director shall take an oath before entering upon any duties. (Ord. No. 12188, § 1, 2-14-02) Sec. 11.5-36. - Notices and filing of records. Notice of meetings shall be posted by the city clerk at city hall and other appropriate locations after being apprised by the CIP of an upcoming meeting(s). Advertisements of meetings shall be placed in newspapers of general circulation no less than seven days prior to the meeting. It shall be the duty of the city clerk to comply with applicable laws related to filing of records. (Ord. No. 12188, § 1, 2-14-02) Sec. 11.5-37. - Annual reports. The CIP shall, at least annually, provide a report in writing to the city manager, the city commission, the chief of police and the mayor, to include statistics and summaries of citizen complaints, a comparison of the CIP's findings and conclusions with the actions taken by the chief of police, recommendations related to changes in policies and procedures and any recommended changes to this chapter. (Ord. No. 12188, § 1, 2-14-02) about:blank 7/7 J-01-597 2/14/02 ORDINANCE NO. 1218S AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING NEW CHAPTER 11,5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO CREATE AND ESTABLISH THE CIVILIAN INVESTIGATIVE PANEL ("CIP") TO SERVE AS INDEPENDENT CITIZENS' OVERSIGHT WITH AUTHORITY TO; CONDUCT INVESTIGATIONS RELATED TO ALLEGATIONS OF POLICE MISCONDUCT; REVIEW POLICIES OF THE POLICE DEPARTMENT; FORWARD COMPLAINTS ALLEGING CRIMINAL ACTIVITY TO RELEVANT AGENCIES; BE EMPOWERED TO ISSUE SUBPOENAS FOR POLICE RELATED INVESTIGATIONS AFTER CONSULTATION WITH THE STATE ATTORNEY, PROVIDED THAT NO IMMUNITY BE CONFERRED BY THE CIP; SETTING FORTH THE CTP'S PURPOSE, POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP, NOMINATION OF MEMBERS, TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY AUTHORITY, RULES OF PROCEDURE, MEETINGS, VOTING, QUORUM, ATTENDANCE REQUIREMENTS, PROCEDURES, ADMINISTRATIVE SUPPORT AND COUNSEL; AND MORE PARTICULARLY BY ADDING NEW SECTIONS 11.5-1 THROUGH 11.5-12 TO SAID CODE; DIRECTING THE CITY MANAGER TO PRESENT A REPORT TO THE CITY COMMISSION AS TO THE TOTAL ESTIMATED DOLLAR ALLOCATIONS NECESSARY TO COVER EXPENSES TO BE INCURRED BY THE CI".P AND PRESENT SAME TO THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. New Chapter 11.5, entitled "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW," is added to the Code of the City of Miami, Florida, as amended, in the following particulars: "Chapter 11.5 CIVILIAN COMPLAINT INVESTIGATION AND REVIEW * * * Division 1. The City of Miami Civilian Investigative Panel Sec. 11.5-1. Created; established. The Civilian Investigative Panel ("CIS") is hereby created and established. Sec. 11.5-2. Purposes, powers and duties. The purpose, powers and duties of the CIP are 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; Page 2 of 15 12188 (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 CIF); CO 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. Page 3 of 15 12188 Sec. 11.5-3. Membership; nomination of members; terms of office and vacancies; appointment of the CIP nominating committee. (1) Membership. The CIP shall consist of 13 members appointed as follows: (a) The Miami City Commission shall select and appoint nine members from the names submitted by the CIP Nominating Committee; (b) The Mayor shall select three members from the names submitted by the CIP Nominating Committee which selections shall be ratified and appointed by the City Commission; (c) The Chief of Police of the City of Miami shall appoint one member, who shall serve at the will of the Chief of Police. (2) Nomination of members. The Miami City Commission shall appoint a CIP Nominating Committee to solicit and screen applications,. interview candidates and submit nominations to the City Commission for appointment to the initial CIP. All appointments to the CIP should be made with sensitivity to the racial, gender, ethnic, religious, linguistic and cultural diversity of the City of Miami. (3) Appointment of the CIP Nominating Committee and selection of appointees to the CIP. (a) The CIP Nominating Committee shall be comprised of at least nine and no more than fifteen members representing community based, civic and social service groups, leagues and organizations having roots in and ties to the City of Miami and Miami -Dade County. Said groups, leagues and organizations shall be solicited and given notice to submit to the City Clerk froth their membership, the names of the individual or individuals that such groups request the City Commission appoint to the Nominating Committee. Page 4 of 15 12188 (b) The CIP Nominating Committee shall solicit applications for members of the CIP in public notices disseminated throughout the community and through the media and City of Miami NET Offices in English, Spanish and Creole, In addition, applications may be submitted by community based, civic and social service groups, leagues and organizations. (c) The Nominating Committee shall submit a list of twenty-four nominated individuals for City Commission consideration for appointment to the CIP. Each nomination shall require a majority vote of the CIP Nominating Committee. (d) Qualifications for members of the CIP. (1) All members of the CIP shall be either permanent residents of the City of Miami, own real property in the City of Miami, or work or maintain a business in the City of Miami, and shall have good reputations for integrity and community service and shall ,have no record of a felony conviction. (2) No appointee to the CIP, nor any member of the appointee's immediate family, shall be currently employed by the City of Miami nor be a sworn former employee of the City of Miami Police Department. No appointee may be currently a party or party's legal representative in litigation against the City of Miami. The filing of a complaint against. the City of Miami alleging liability of the City of Miami through actions of any Police or other sworn or enforcement personnel shall. immediately disqualify any appointee from serving on the CIP. Any appointee who has been the legal representative of any party in litigation against the City of Miami is prohibited from serving on the CIP for two years from the conclusion of Such litigation. Page 5 of 15 12188 (3) Upon assuming the duties of the CIP, members shall complete training in ethics, conflict of interest, Florida Sunshine Law, and shall commit to complete Citizens Police Academy Training or approved training through RACOLE (National Association of Citizens' Oversight of Law Enforcement) or equivalent programs. (e) The City Commission shall appoint all members of the CIP (except the appointee of the Chief of Police) by majority vote exclusively from the nominations submitted to it by the Nominating Committee, (f) Vacancies (other than the position to be filled by the City of Miami Police Chief) in the membership of the CIP shall be filled by the Miami City Commission exclusively from names submitted to it by the CIP. (4) Terms of Office. The terms of office of the members of the CIP appointed by the City Commission shall be for three years, exceptfor the initial terms that shall be four members for three years, four members for two years and four members for one year, all initial terms to be determined by lot. The terms of the members appointed by the City Commission shall be unaffected by the terms of the Mayor and City Commissioners. CIP members shall continue to serve until their successors have been appointed and qualified. No CIP member shall serve more than nine consecutive years on the CIP, Sec. 11,5-4. Officers. The CIP shall elect, by majority vote, from its members, a chairperson, vice -chairperson, and such other officers as deemed necessary. The chairperson of the CIP shall have the power to appoint all members serving on the various committees that the CIP may establish from time to time. Page 6 of 15 12188 Sec. 11.5-5. Meetings, quorum and voting; attendance requirements; parliamentary procedures and rules of procedure; recordation. (1) Meetings, quorum and voting. All meetings of the CIP shall be open to the public. The Chairperson or three (3) members of the CIP may call a meeting, provided that the meeting is noticed for at least seven days prior to the meeting date and pursuant to the provisions set forth in Section 11.5-11. A quorum shall consist of seven members of the CIP. An affirmative vote of not less than fifty-one percent (51%) of the members present and voting at any meeting is required for any action to be taken by the CrP unless otherwise set forth herein. (2) Attendance requirements. The provisions set forth in Section 2-886 of this Code shall apply to all members of the CIP. (3) Parliamentary authority and rules of procedure. The parliamentary authority of the CIP shall be Robert's Rules of Order (Current Edition) unless the CIP adopts its own order of business and rules of procedure governing its meetings, and actions on matters within its jurisdiction, not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the City Clerk. Copies of minutes of all CIP meetings shall be furnished to the Mayor, Commissioners, City Manager, City Attorney and Chief of Police. (4) Recordation. The CIP shall be responsible for the recordation and transmittal of its minutes and may request the City Clerk to carry out recordation functions. Sec. 11.5-6. Procedures. The following procedures shall be followed: (1) Complaints concerning allegations of misconduct may be submitted to the CIP. Page 7 of 15 12188 (a) All complaints shall be reduced to writing using a form approved by the CIP for that purpose; (b) The Police Department shall be notified of complaints received by the CIP within two working days; (c) All complaints must be submitted within a year of the date of the incident giving rise to the complaint. Complaints filed after one year of the alleged misconduct may, however, be reviewed by the CIP only if approved by a majority vote of its members; (d) The CIP shall not accept complaints concerning incidents predating the effective date of the City of Miami Charter amendment providing for this Chapter. (2) The review or investigation of complaints shall proceed as set forth herein. (a) Investigation of complaints related to police misconduct received by the CIP. The CIP may proceed with an investigation after determination by its independent counsel, who shall be required to consult with the appropriate prosecutorial agencies, that an investigation will not interfere with any pending criminal investigation. A decision of the CIP to proceed with an investigation may be challenged by any agency engaged in such investigation or prosecution by seeking judicial order in law or equity in a court of competent jurisdiction in accordance with general law. Written notification of such challenge to the CIP shall stay the investigation for forty-eight (48) hours pe.umitting the agency to obtain such judicial order; (b) Internal Affairs Reports. At the conclusion of the Internal Affairs investigation, the Internal Affairs report prepared for the Chief of Police shall be transmitted to the GIP within three working days; Page 8 of 15 12188 (c) Upon written determination by its independent counsel that an investigation of allegations of Police misconduct may commence or after review of the Internal Affairs report, the CIP may: (i) request that the Chief of Police conduct further investigation, or (ii) obtain further case -specific information from the Chief of Police, including written materials, audio or video tapes, and related documents, or (iii) conduct an independent investigation, such investigation to be concluded within 120 days, or (iv) notice and hold a hearing to gather evidence, or (v) report its written findings and conclusions to the City Manager and/or the Chief of Police; (d) If the CIP fails to act within the time periods specified in subsection (3) herein below, the complaint file shall be closed without a finding; (e) The CIP Chairperson may assign a member or committee to review Internal Affairs reports and make a recommendation that the CIP take one of the actions enumerated in subsection (c) above; (f) Affected officers, and complainants, to the extent permitted by law, shall receive copies of CIP reports to the Police Department, and of the CIP's requests for information. (3) The review or investigation process shall be concluded: (a) Within thirty (30) days of receiving the Internal Affairs report; Page 9 of 15 12188 (b) Within 120 days of receiving the determination that an independent investigation may commence; (4) At the conclusion of each review or investigation, the CIP shall render one of the following findings based on the preponderance of the evidence: (a) Unfounded where the review or investigation shows that the act or acts complained of did not occur or were misconstrued; (b) Exonerated where the acts that provide the basis for the complaint occurred, but the review or investigation shows such acts were proper; (c) Not Sustained where, for example, the review or investigation fails to disclose sufficient facts to prove or disprove the allegation made in the complaint; (d) Sustained where, for example, the review or investigation discloses sufficient facts to prove the allegations made in the complaint; (e) No Finding where, for example, the complainant failed to produce information to further the investigation, the review or investigation revealed that another agency was responsible, and the complaint has been referred to that agency, the complainant withdrew the complaint, the complainant is unavailable to clarify the complaint, or the officer is no longer employed by the City, or the CIP did not reach a conclusion. (5) At the conclusion of its review or investigation the CIP shall forward its written findings and conclusions to the Chief of Police and to affected officers and, to the extent permitted by law, to the complainants to which a timely written response shall be received from the Chief of Police within 30 days. Page 10 of 15 12188 Sec. 11.5-7. Subpoena power. (1) The CIP may subpoena witnesses and documents when conducting an independent investigation of allegations of Police misconduct as follows: (a) A request for a subpoena must be presented to and reviewed by the CIP Independent Counsel; (b) The CIP Independent Counsel may deny or approve the request after consulting with the State Attorney's Office; (c) If approved by the CIP Independent Counsel, the CIP may issue the subpoena with an affirmative vote of seven of its members. (2) The subpoena shall be valid only within the jurisdictional limits of the City of Miami, Florida. However, the CIP may seek enforcement and extraterritorial domestication of its subpoenas in accordance with general law. Sec. 11.5-8. Procedures related to City employees and witnesses. (1) When a City of Miami employee appears before the CIP in response to a subpoena, such employee shall be formally advised prior to the commencement of testimony that if the employee has a good -faith belief that the testimony would tend to be self - incriminating, and if, in reliance upon that good - faith belief, the employee declines to answer any question, that the employee's decision not to provide testimony will not subject him or her to any adverse employment consequences. Any employee who, after receiving such advice, decides to testify or provide evidence, must sign a statement acknowledging that the employee understands the advice and is testifying or providing evidence voluntarily and knowingly. (2) A police officer who is the subject of an investigation shall be informed of the nature of the investigation and provided with a copy of the complaint prior to being interrogated. (3) A person who appears before the CIP in response to a CIP request for testimony may be represented by counsel or any other representative of his or her choice, which representative may be present Page 11 of 15 12188 at all times during the subject's appearance before the CIP. (4) The CIF may hold evidentiary hearings requiring witnesses in the manner set forth in Sec. 11.5-5. Only the subject of the complaint, witnesses, their attorneys or representatives and. CIP members may participate in evidentiary hearings. (5) Policies and procedures shall be established to ensure compliance with Chapters 112 and 119 of the Florida Statutes and any other applicable laws. Sec. 11.5-9. Administrative assistance; independent counsel. When requested by the CIP, the City Manager, City Attorney, and the City Clerk shall provide full cooperation and assistance, however, the City Manager and City Attorney are not required to attend the meetings of the CIP, except to advise the CIP, at its initial meeting, of procedural laws and regulations related to public records and the Sunshine Law, The City Clerk and the City Attorney may conduct annual workshops to further inform the • CIP of the aforementioned laws and regulations. An attorney -at - law admitted to practice in Florida for at least seven years shall be employed by the CIP as Independent Counsel, subject to the approval of the City Attorney and the authority of the City Attorney to remove the Independent Counsel from employment. Sec. 11.5-10. Review and approval of annual budget. (1) Effective immediately, the CIP shall establish a fiscal year that coincides with that of the City. The CIP shall submit to the City Commission, in a form acceptable to the City Manager, and no later than April 1 preceding the commencement of each fiscal year, a CIP budget request pertaining to its functions. The City Manager shall assign appropriate personnel to assist in the preparation of the budget for the CIL' and provide administrative support to the CI.P. The City Manager shall present the total estimated dollar appropriations necessary to cover expenses incurred by the CIP during the execution of its duties to the City Commission for its Page 12 of 15 12188 review and consideration in the annual budget of the City of Miami. Nothing contained herein shall be construed to prohibit the CIP from submitting a supplemental budget and appearing before the City Commission to request approval. (2) No expenditure shall be made in any given year without approval by the City Commission of the CIP budget for that year and all expenditures shall comply with City procedures for acquisition of goods and services. (3) No provision contained in this Chapter shall be construed to violate the Anti -Deficiency Act, as set forth in Sections 18-500 through 18-503 of this Code. (4) At the conclusion of one year from the effective date of this Chapter, the members of the CIP may appoint an executive director of the CIP. Such appointment and the terms and conditions of the director's employment shall be subject to approval by the City Commission. The director shall take an oath before entering upon any duties. Sec. 11.5-11. ,Notices and filing of records, Notice of meetings shall be posted by the City Clerk at City Hall and other appropriate locations after being apprised by the CIP of an upcoming meeting(s). Advertisements of meetings shall be placed in newspapers of general circulation no less than seven (7) days prior to the meeting. It shall be the duty of the City Clerk to comply with applicable laws related to filing of records. Sec. 11.5-12. Annual Reports. The CIP shall, at least annually, provide a report in writing to the City Manager, the City Commission, the Chief of Police and the Mayor, to include statistics and summaries of citizen complaints, a comparison of the CIP's findings and conclusions with the actions taken by the Chief of Police, recommendations related to changes in policies Page 13 of 15 12188 and procedures and any recommended changes to this Chapter. Sec. 11.5-13 - 11.5-100. Reserved," Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.11 PASSED ON FIRST READING BY TITLE ONLY this 24th day of January , 2002. This ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 14 bf 15 12188 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE . ONLY this 14th day of Febniary , 2002. ATTEST: S VIA SCHEIDER ACTING CITY CLERK APPR 0 VILARELLO Y ATTORNEY W1103 /Ae ZALEZ, / ` a/t4e-'eeAV EL A. DIAZ, NER TOMAS REGALADO,COMMISSIONER JOE SANCHEZ, COMMISSIONER AND CORRECTNESS:/ Page 15 of 15 WINTON, COMMISSIONER 12188 15 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the FROM: Alejandro Vilarello, DATE: February 6, 2002 RE: Proposed Second Read' °g Ordinance for City Commission Meeting of February 14,'2002 - ilian Investigative Panel (J-01.597) The attached proposed Second Reading Ordinance for the establishment of the Civilian Investigative Panel reflects the changes directed by the City Commission at its meeting of January 24, 2002. The ordinance has been submitted to the Agenda Coordinator for placement on the February 14, 2002 City Commission Agenda. W674:BSS c: Carlos A. Gimenez, City Manager Elvi Alonso, Agenda Coordinator 12188 •—-iuieramerlcan Car Renta bhce .warned not to retaliate against -officer • :1 °got `h Blvd. in. AN ALiATE iB - iDerrado," Martinez said. *hat's how I found out he was 71'eing transferred_ I didn't know until he called." Lewis, who made the call after a Herald inquiry, would not discuss the matter. - The grand jury, which has , already indicted five Miami officers on charges they fabri- cated evidence in the April 1996 shooting death of 72 year- ' old Richard Brown, is investi- gating at least five other shoot- ings since 1995 in which federal authorities suspect police tam- pered -with evidence to justify their actions. DePrado's transfer is the latest in a series of alleged wit- ness intimidation tactics inside i +l • •(Everywhere You Turn �11 JQ1ia Hobainai, a : . D s ny : Mayor, City of South Miami National Civic Leagues Aff Arrierica City Award Winner Miami -Dade ,OMMUNffY COIIEGE the department. In June, Martinez demoted.a top commander after he con- fronted another police officer who complained about intimi- dation_because of his grand jury testimony in another shooting. A former SWAT team member also has said he's been a target since he testified about a suspected throw -down Martinez said he is confi- dent the DePrado transfer was not retaliation, but the result of an inappropriate prank DePrado pulled on a new recruit in June. DePrado and two other offi- cers orchestrated the prank on the recruit, who walked into a weight room to find DePrado doing pull-ups hi the huff DePrado arguel the incident .which happened nearly two months ago — was just a cover for the real reason he was demoted. "I've got more qualifica- tions than anybody in the unit," DePrado said Thursday. "All of a sudden I'm trans- ferred. Why? Especially for some nonsense." - DePrado, 48, told federal prosecutors on Wednesday that one of his supervisors, Sgt. Marilyn Gonzalez, told Officer Walter Byars that she had heard about DePrado's damag- ing testimony and said, "I don't like snitches." She vowed to get rid of DePrado, and Byars relayed the allegation to him, according to sources close to the grand jury investigation. Byars declined to comment. DePrado, a 20-year depart- ment veteran who spent eight years on the SWAT team, talked to the grand jury about the Marclz'f23, 1999, shooting TRANSFER POSTPONED: Miami Officer Joe DePrado. death of Jesse Runnels, a men- tally disturbed man shot by a SWAT team member after he cut himself with knives and dared police to kill him. Prosecutors are examining whether Miami police planted a toy gun at the scene to justify that shooting. Another former SWAT officer,. Sgt. Robert Rambo, told the grand jury that the gun was planted sometime after the shooting. Rambo, transferred out of SWAT after his allegations, also has complained of intimi- dation from fellow officers. DePrado, who was snot` on the scene that night, told the grand jury on July 26 that a fel- low SWAT team member tcild him he was almost sure the thy gun was planted. DePrado said Thursday he is now suffering the conse- quences of breaking the police "code of silence." - - - • - "We re cops, and we're sup- posed to stand together and all that dull--," DePrado said. "Even when it's wrong." Martinez, who told Lewis he would investigate the matter, said DePrado is misinformed. He said Gonzalez had nothing to do with the decision to transfer DePrado. "He's completely incor rect,"Martinez said. "I under- stand the timing is terrible here, but what do you do? He perpetrated a prank that was unacceptable. It was offensive, and we cannot condone that kind of behavior." Martinez said DePrado's prank should not be excused. "I understand pranks and jokes that are done in good taste," Martinez said. "I wasn't there, but my understanding is that it wasn't a }crooning inci- dent; it was a completely naked incident." Police Maj. Patricia Bento- ski, one -of several ranking offi- cers who concurred in the transfer order, said DePrado's transfer had nothing to do with his testimony. 'I've heard that he may have been called as part of the SWAT thing, but that had no ' bearing on the decision atall," said Bentoski, who supervises personnel decisions for the department. "The decision was made to move him out and maybe give a new perspective on training. He's been there for 16 years." DePrado has faced six other internal affairs complaints,- records show. In one 1995 case, he was given a reprimand and docked 10 hours of overtime after he caught some teenage vandal's in his neighborhood, grabbed their baseball bat and smashed their car.: If' The- gunman ordered tb customers and two wos behind the counter to ground and stole money fro cash drawer, according t police source on the see Then the gunman led the I hostages at gunpoint to ab office, where he ordered on+ the clerks to open the safe. The robbers made av with about $800, the sou said. The gunman tb grabbed a set of keys off 1 counter and asked the sa clerk to take him to the cor sponding car — a silver 2( Buick LeSaber that coincid' tally had been returned ear] that afternoon after be rented by Sunny Isles Be: Police Chief Fred Maas, source said. As the car headed south Biscayne Boulevard, Miami -Dade officer head north on Biscayne quic spotted the speeding veld SEARCHING FOR SUSPE car for a robbery suspect tt HOTSPOT This campaign gives 'citizens the opportunity to report criminal activities anonymously (with the HOTSPOT CARD) and have, police to investigate and make arrest- Pastors, PULSE Board Members and other,concerne'd citizens will ride into these areas with the City and County Police officers to make sure that these reported "Hot Spots" are being neutralized of criminal activity. Campaign ,Objectives 1. To give residents the opportunity to anonymously report suspected illegal and related crime activity in their neighborhoods (such as homes and parks where drug are being sold, etc.) 2. To alert police to suspicious activities. Even if the police know about it, this campaign will alert them that the community knows and wants something done about it., 3. To give PULSE and its member congregation a means to follow up with police department regarding specific police responses and actions taken. Our Pastors, members and citizens will be riding with the officers in. the "HOT" areas to make sure each report is being followed up and resolved. For more information about the PULSE Hot Spots Campaign, contact: People 'United to Lead the Struggle for Equality 150 NE 19th Street Stabmlttetf into fht rub?, Miami, Florida 33132 record i �onn <s;.•, (305) 576-7590 or 7595 item ,. ova,, Fax: (305) 576-0420 12188 &4273 6As -s Doi po Submitted into the public record in connection with item / 6' on V+ er-Feeman 1 2 1 8 8 city Clerk CrrY OF MIAMI, FLOR OA INTER -OFFICE MEMORANDUM ro: Major Arthur Washington 'Commander Community Relations Section MOM • Lt. Gerald L. Darling Commander Street Crimes Unit CATE : SUBJECT : December 1, 1993 FILE: 11HotSpot Campaign" REFERENCES4,5 uea {" ENCLOSURES Listed below are the enforcement action taken by the Street Crimes Unit during the past two (2) months. LOCATION (Riverside Park) S.W. 7 Ave & 3 Street N.E. 7 Ave & 80 Terrace 1280 N.W. 58 Terrace 1531 & 41 N.W. 66 Street Ca31S #18 2421759S 2701540E 24521.90E 2481565S 2481490S 2522166S 2572054S 2571701S 2591836S 2761488S 2771812E 2771890S 2831591E 2932097S 2971887S 3031.9.543 2551963S 2592017S 3121953S 3262070S 3262092S 3231650S 3222085E 2132030S 21.32032E 25320415 26215695_ 3181708S 3181709S 1, RRRE3T' 3 2 1 1 2 3 1 1 1 2 1 1 1 3 2 2 1 1 2 1 1: 1 1 2 1 2 1 P.'F..i P'�41 ro•FA iil•.. Ran 2 a�f y,- e> 1., 1.2188 P.U.L.S.E. HOTSPOT Campaign TE: We do not need your name. We only ask for specific Information which will Ist us In addressing Illegal drug or other related criminal activity on your streets or ihborhood. REMEMBER — Together We Cart Make A Difference!!! I SUSPECT 0I KNOW WITH REASONABLE CERTAINTY)that Megal g and/or related crime activity is occurring in the follo g location: Park: Street Corner or Location: otou-PiDe.„ / 1c Ale House or Housing Complex cation: Street No, W/9 Address ite(s) Day(s)fii-- Time(s) 6 ispected Vehicle: Year Model Color IMB of Suspect: Allas/Nickname: Male kf Female 0 White tBlac Hispanic Other rDetails or Infsnca.ir: e Ike. Plate 1,Dri AFTER FILLING OUT THIS FORM AS COMPLETELY AS POSSIBLE AIL TO: P.U.L.S.E. 180. NE, 19th Street • MIAMI-, FLORIDA 33132 „• ..... . • .• P.U.L.S.E. HOTSPOT Campaign NOTE: We do not need your name. We only ask for specific information which will assist us in addressing Illegal drug or other related criminal activity on your streets or neighborhood. REMEMBER — Together We Can Make A Difference!!! 0 1 SUSPECT 4NOW WITH REASONABLE CERTAINTY that Illegal drug andior related crime activity is occurring in the following location; El Park: egireet Corner or Location: 0 House or Housing Complex Location: D D Time Suspected Vehicle: 1 eZLi Nam of Suspect: eMale leremale 0 White • e ils o I !nation' Year Moat AilastNickname: lac LI H pani El 0 R ILUNO OUT THIS FORM AS COMPLETELY AS P � SSIBLE MAIL TO; 61(02 4,44,-,,,e / — evt's /9-,r r- PLLSE 180 NI,E. 19th StOef '4) fiA1A41, FLORIDA 33132 4,e,dockv&-2c., 01 g/Ps1,) L5'4dr-i/8:es .41 Stbmitted into the public ' record In aorinection with Item on a'" Walter -Poe wan, cCity Clerk COMMUNITY COALITION'S COMMENTS The community coalition including People United to Lead the Struggle for Equality (PULSE), Brothers of the Same Mind, Vocinos en Accion, Haitian American Grass Roots Coalition, Colombian American Service Association, Inc. (CASA), the National Association for the Advancement of Colored People, South Florida Chapter (NAACP), and the American Civil Liberties Union, Greater Miami Chapter (ACLU), has been advocating for the creation of a strong, effective and independent Civilian Investigative Panel, has reviewed the latest draft of the proposed ordinance for the creation of such panel. The coalition has the following comments: 1, The Civilian Investigative Panel should be charged with overseeing the City of Miami Police Department and not other departments of the City of Miami. The voters of the City of Miami overwhelmingly approved of a civilian panel to oversee allegations of police misconduct. 2. The ordinance must ensure that the Civilian Investigative Panel will have input into development and review of policies and procedures of the City of Miami Police Department at the time of the creation of those policies and procedures and before any such new policies and procedures are implemented. That is what the voters overwhelmingly approved. 3. The Civilian Investigative Panel should be made up of no more than nine (9)members. Anything more than nine(9) would make the panel unmanageable, inefficient and ineffective. 4. Every candidate for service on the panel should be evaluated on his or her own merits. Persons who are otherwise qualified to serve as members of the Civilian Investigative Panel should not be automatically barred from service due to a prior felony conviction. 5. The Civilian Investigative Panel must be able to investigate citizen complaints of police misconduct, which are filed anonymously-- Just as police are able to proceed with an investigation based upon anonymous information. 6. The Civilian Investigative Panel must be directly responsible and accountable for the determination that its investigation will not interfere with a pending felony investigation. Such an important decision cannot be left in the hands of any single individual. 7. The Civilian Investigative Panel must have the authority to hire its executive director and its independent counsel. The executive director, in turn, must be accountable for hiring staff to accomplish the mission of the Civilian Investigative Panel. This will ensure that the Civilian Investigative Panel is above politics. 8. The name of the Civilian Investigative Panel (CIP) should remain unchanged. The voters of the City of Miami overwhelmingly voted for a body to be known as the Civilian Investigative Panel (CIP). Sutamltted. Into the per ';,.:. record in connection v Item ..$ on .. ,L&^p 2. U-01-597 2/6/02 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING NEW CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT. INVESTIGATION AND REVIEW" TO CREATE AND ESTABLISH MEM CIVILIAN INVESTIGATIVE PANEL" ("CIVILIAN [INVESTIGATIVE] PANEL") TO SERVE AS INDEPENDENT CITIZENS' OVERSIGHT WITH AUTHORITY TO: CONDUCT INVESTIGATIONS RELATED TO ALLEGATIONS OF POLICE MISCONDUCT; REVIEW POLICIES OF THE POLICE DEPARTMENT; REVIEW REPORTS OF INVESTIGATIONS OF MISCONDUCT AND (REVIEW POLICIES AND I'ROCEDUIU C Or CERTAIN ENUMERATED DEPARTMENTS;) FORWARD COMPLAINTS ALLEGING CRIMINAL ACTIVITY TO RELEVANT AGENCIES; BE EMPOWERED TO ISSUE SUBPOENAS FOR POLICE RELATED INVESTIGATIONS AFTER CONSULTATION WITH THE STATE ATTORNEY, PROVIDED THAT NO IMMUNITY BE CONFERRED BY T�THE �� CIVILIAN (INVESTIGATIVE] PANEL; {REVIEWBeGEWENT T nr_RELATED �O RC0N N , � D I??-r' _ SETTING FORTH THE CIVILIAN [INVESTIGATIVE] PANEL'S PURPOSE, POWERS AND DUTIES; MEMBERSHIP, NOMINATION OF MEMBERS; TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY AUTHORITY; RULES OF PROCEDURE, MEETINGS, VOTING AND QUORUM, ATTENDANCE REQUIREMENTS, PROCEDURES; ADMINISTRATIVE SUPPORT AND COUNSEL; AND MORE PARTICULARLY BY ADDING NEW SECTIONS 11.5-1 THROUGH 11.5-12 TO SAID CODE; DIRECTING THE CITY MANAGER TO PRESENT A REPORT TO THE CITY COMMISSION AS TO THE TOTAL ESTIMATED DOLLAR ALLOCATIONS NECESSARY TO COVER EXPENSES TO BE INCURRED BY THE CIVILIAN tINVESTIGATIV,E] PANEL AND PRESENT SAME TO THE CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. New Chapter 11.5, entitled "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW," is added to the Code of the Submitted Into the pubiic record in connection with Item / 5" on i E/- Q -ter-Foam a City Clerk City of Miami, Florida, as amended, in the following particulars: "Chapter 11.5 CIVILIAN COMPLAINT INVESTIGATION AND REVIEW Division 1. The City of Miami Civilian Investicrative Panel Sec. 11.5-1. Created; established. The Civilian Investigative Panel ("CIVILIAN fiNVESTIGATIVEJ PANEL") is hereby created and established. Sec. 11.5-2. Purposes, powers and duties. The purpose, powers and duties of the CIVILIAN r N'VESTIGATIVR] PANEL are to: (1) act as independent civilian oversight of the sworn Police Department in departments including Fire, NET, Colid Waste, Public Works, Building, Planning and Zoning, Community Development, and Finance) , (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 (and the other affcctcd departmcnts')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 during the development, and prior to the implementation of any new or revised policy or procedure]; 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Submitted into the public record in connection with Item ( on , -/j aa7- tter-Feet City Clerk 8 (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 CIVILIAN LINVESTIGATIVR1 PANEL. 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 CIVILXAN (INVESTIGATIVE] PANEL; (7) enhance understanding of the process of submitting, processing and responding to citizen complaints regarding misconduct by police officers (and citizen complaints of all other sworn and enforcement personnel from the affected City departments), (B) issue reports to the Mayor, City Commission, City Attorney, City Manager, Chief of Police[, relevant department director) 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 [appropriate prosecutorial agencies; and] (City of Miami ?olicc epel.tmeat—and—ether—releagersi (11)promulgate rules and procedures for internal governance( ]and standards for training of CIVILIAN I -INVESTIGATIVE] PANEL memberssand staff(; and citizen complaints against all other sworn and enforcement Sec. 11.5-3 . Membership; nomination of members; terms of office and vacancies; appointment of the CIVILIAN [INVESTIGATIVE] PANEL nominating Committee. SubrnItted Into the public record in connection, with item / d--/Y-0 121 City Clerk (1) Membership. The CIVILIAN (INVESTIGATIVE] PANEL shall consist of (15) [nine (9)] members appointed as follows: (a) The Miami City Commission shall select and appoint [ten) [seven (7)] members from the names submitted by the CIVILIAN [INVESTIGATivE] PANEL Nominating Committee; (b) The Mayor shall select (four mcmbcrs) Cone (1) member] from the names submitted by the CIVILIAN (INVESTIGATIVE] PANEL Nominating Committee which selections shall be ratified and appointed by the City Commission; (c) The Chief of the City of Miami Police Department shall appoint one ru» member, who shall serve at the will of the Chief of Police. (2) Nomination of members. The Miami City Commission shall appoint a CIVILIAN (INVESTIGATIVEj PANEL Nominating Committee to solicit and screen applications, interview candidates and submit nominations to the City Commission for appointment to the initial CIVILIAN (INVESTIGATIVE] PANEL. Al]. appointments to the CIVILIAN [INVEsTrGATIvmr] PANEL should be made with sensitivity to the (gender,] racial, ethnic, religious, linguistic and cultural diversity of the City of Miami. (3) Appointment of the CIVILIAN amvssmaArxvsj PANEL Nominating Committee and selection of appointees to the CIVILIAN aNTESTIGATITE] PANEL. ((1 a) The CIVILIAN [INVESTIGATIVE] PANEL Nominating Committee shall be comprised of at least nine and no more than fifteen members representing community based, civic and social service groups, leagues and organizations having roots in and ties to the City of Miami and Miami -Dade County. Said groups, leagues and organizations shall be solicited and given notice to submit to the City Clerk from their membership, the names of the individual or individuals that such groups request the City Commission appoint to the Nominating Committee. (b) The CIVILIAN [INVESTIGATIVE] PANEL Nominating Committee shall solicit applications for members of the CIVILIAN (INVESTIGATIVE] PANEL in public notices disseminated throughout the community and through the media and City of Miami NET Offices in English, Spanish and Creole. In addition, applications may be submitted by community based, civic and social service groups, leagues and organizations. Submitted into the public record in connection with Item _is- on ViatterFcremen IC ty Cbrk 12188 (c) The Nominating Committee shall submit a list of (twcnty eight) [sixteen (16)] nominated individuals for City Commission consideration for appointment to the CIVILIAN [INVESTIGATIVE] PANEL. Each nomination shall require a majority vote of the CIVILIAN (INVESTIGATIVE] PANEL Nominating Committee. (d) Qualifications for members of the CIVILIAN (INVESTIGATIVE1 PANEL. (1) All members of the CIVILIAN [INVESTIGATIVE] PANEL shall either be permanent residents of the City of Miami, own real property in the City of Miami, or work or maintain a business in the City of Miami, and shall have good reputations for integrity and community service (and shall not have a rccord of a felony conviction). (2) No appointee to the CIVILIAN (INVESTIGATIVE] PANEL, nor any member of the appointee's immediate family, shall be currently employed by the City of Miami nor currently be a party or party's legal representative in litigation against the City of Miami. The filing of a complaint against the City of Miami alleging liability of the City of Miami through actions of any Police (or other oworn or enforcement personncl) shall immediately disqualify any appointee from serving on the CIVILIAN [INVESTIGATIVE1 PANEL. Any appointee who has been the legal representative of any party in litigation against the City of Miami is prohibited from serving on the CIVILIAN [INVESTIGATIVE] PANEL for two years from the conclusion of such litigation. (3) Upon assuming the duties of the CIVILIAN rinTESTIGATIVE1 PANEL, members shall complete training in ethics, conflict of interest, Florida Sunshine Law, and shall commit to complete Citizens Police Academy Training or approved training through NACOLE (National Association of Citizens' Oversight of Law Enforcement) or equivalent programs. (e) The City Commission shall appoint all members of the CIVILIAN [INVESTIGATIVE] PANEL (except the appointee of the Chief of Police) by majority vote exclusively from the nominations submitted to it by the Nominating Committee. (f) Vacancies, (other than the position to be filled by the City of Miami Police Chief) in the membership of the CIVILIAN (INVESTIGATIVE] PANEL shall be filled by the Miami City Commission exclusively from names submitted to it by the CIVILIAN LINVESTIGATiVE] PANEL. (4) Terms of Office. The terms of office of the members of the CIVILIAN (INVESTIGATIVE] PANEL appointed by the City Commission shall be for three years, except for the initial terms that shall be (five) [three (3)] members for two years, Submitted into tho pubc record in cmnocflon with item / 5 on 12 Ity Clerk (five mcmbcro) [two (2)] for three years and (four) [three(3)] members for four years to be determined by lot. The terms of the members appointed by the City Commission shall be unaffected by the terms of the Mayor and City Commissioners. CIVILIAN [INVESTIGATIVE] PANEL members shall continue to serve until their successors have been appointed and qualified. No CIVILIAN (INVE'STIGATIVEJ PANEL member shall serve more than nine consecutive years on the CIVILIAN (ZN'i STX'GATIVEJ PANEL. Sec, 11.5-4. Officers. The CIVILIAN (XZVVESTIGATTVEJ PANEL shall elect, by majority vote, from its members, a chairperson, vice -chairperson, and such other officers as deemed necessary. The chairperson of the CIVILIAN (ZNVESTIG)TIVEJ PANEL shall have the power to appoint all members serving on the various committees that the CIVILIAN (INVESTI'GATZVEJ PANEL may establish from time to time. Sec. 11.5-5. Meetings, Quorum and voting"; attendance requirements; .notice] Parliamentary procedures and rules of Procedure, recordation. ((]1) Meetings, quorum and voting. All meetings of the CIVILIAN (INVESTIGATIVE) PANEL shall be open to the public. The Chairperson or three (3) members of the CIVILIAN (INVESTTGATXVEJ PANEL may call a meeting, provided that the meeting is noticed for at least seven days prior to the meeting date and pursuant to the provisions set forth in Section 42-91. A quorum shall consist of {eight) [five (5)] members of the CIVILIAN (INVESTIGATIVE] PANEL. An affirmative vote of not less than fifty-one percent (51%) of the members present and voting at any meeting is required for any action to be taken by the CIVILIAN (INVESTTGATIVEJ PANEL unless otherwise set forth herein. [(I2) Attendance requirements. The provisions set forth in Section 2-886 of this Code shall apply to all members of the CIVILIAN [INVESTIGATIVE) PANEL. [(]3) Parliamentary authority and rules of procedure. The parliamentary authority of the CIVILIAN EnNZWIMITVEI PANEL shall be Robert's Rules of Order (Current Edition) unless the CIVILIAN (INSTESTZ LTIVEJ PANEL adopts its own order of business and rules of procedure governing its meetings, and actions on matters within its jurisdiction, not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the City Clerk. Copies of minutes of all CIVILIAN (INVES`TXGATIVE3 PANEL meetings shall be furnished to the Mayor, Commissioners, City Manager, City Attorney and Chief of Police. I(]4) Recordation. The CIVILIAN (INVESTIGATIVE) PANEL shall be responsible for the recordation and transmittal of its Submitted Into the public record in connection with item /6 on d-/1/.-0;', ertn 8 8City Clerk minutes and may request the City Clerk to carry out recordation functions. Sec. 11.5-6. Procedures. The following procedures shall be followed: (1) FILING COMPLAINTS: Complaints concerning allegations of misconduct may be submitted to the CIVILIAN [INVESTIGATIVE] PANEL 4eat.42-0 rolice Department). (a) All complaints shall be reduced to writing using a Citizen Complaint Form, or other form approved by the CIVILIAN [INVESTIGATIVE] PANEL for that purpose(, and signed by the complainant or legal guardian); (b) The Police Department shall be notified of complaints received by the CIVILIAN (INVESTIGATIVE] PANEL within (two) [five (5)] working days. Complaints received in a manner other than that specified in (a) above ((for example, by telephone or in person),) shall be retained by the CIVILIAN [INVESTIGATIVE] PANEL for informational purposes only; (c) All complaints must be submitted within a year of the date of the incident giving rise to the complaint. Complaints filed after one year of the alleged misconduct may, however, be (received) [reviewed] by the CIVILIAN [INVESTIGATIVE] PANEL only if approved by a majority vote of its members; (d) The CIVILIAN (INVESTIGATIVE] PANEL shall not accept complaints concerning incidents predating the effective date of the City of Miami Charter amendment providing for this Chapter. ((2)) (2) REVIEW ' OF COMPLAINTS: The review [and/or investigation ("review")] of complaints shall proceed as set forth herein(, provided,however that independent investigations by the CIVILIAN TANEL shall be limited to misconduct by sworn police.)(: Oa) Investigation of complaints related to police misconduct received by the CIVILIAN (INVESTMATIVEJ PANEL. The CIVILIAN (INVESTIGATIVE] PANEL may proceed with an investigation +after determination by) [of a complaint that may result in the prosecution of a felony, after consultation with] its independent counsel, ((]who shall be required to consult with the appropriate prosecutorial agencies+r}C), upon determination] that an investigation will not interfere with (any) Ea] pending criminal investigation. A decision of the CIVILIAN Submltted into the ctiopublic record in connen ith ioi Vtern 3 tivaltel-Rmlyeo City Clerk [INVESTIGATIVE] PANEL to proceed with an investigation may be challenged by any agency engaged in such investigation or prosecution,by seeking judicial order in law or equity in a court of competent jurisdiction in accordance with general law; (()b) Internal Affairs Reports. At the conclusion of the Internal Affairs investigation, the Internal Affairs report prepared for the Chief of Police shall be transmitted to the CIVILIAN (INVESTIGATZVEJ PANEL within three working days; 4-e+—Upon receipt of the written notification that an independent investigation of allegations of Policc mi conduct may commence or after review and deliberation of the) C(c) Upon receipt of a complaint or after review of an] Internal Affairs report, the CIVILIAN [INVESTIGATIVE] PANEL may: (i) request that the Chief of Police conduct further investigation, or (ii) obtain further case --specific information from the Chief of Police, including written materials, audio or video tapes, and related documents, or (iii) conduct an independent investigation, or (iv) notice and hold a hearing to gather evidence, or (v) report its written findings and conclusions to the City Manager and/or the Chief of Police; (d) If the CIVILIAN (INVESTIGAx"IVEJ PANEL fails to act within the time periods specified in subsection (3) herein below, the complaint file shall be closed without a finding; (e) The CIVILIAN (XNVESTIGATZVEJ PANEL Chairperson may (aocign) [a, sign] a member or committee to review the Internal Affairs report for each complaint and make a recommendation that the CIVILIAN [INVESTIGATIVE] PANEL take one of the actions enumerated in. subsection (b) above;. (f) Affected officers, and complainants, to the extent permitted by law, shall receive copies of CIVILIAN [INVESTIGATIVE] PANEL reports to the Police Department, and of the CIVILIAN (r?1NEL'4 [INVESTIGATIVE PANEL' s] requests for information. FAIrnitteci into the public r ac and on connection with item )' on .e7" eM 1,218 t 8 City Clerk (3) TIMING OF REVIEW: The review process shall concluded: (a) Within thirty (30) days of receiving either (the) [a complaint or an] Internal Affairs report [or notification that an independent invostigati-on may commence) , if the CIVILIAN [INVESTIGATIVE] PANEL finds that no further proceedings are needed; (b) Within sixty (60) days complaint or an] Internal Affairs independent investigation may [INVESTIGATIVE] PANEL determines needed; of receiving either (the) [a report (or notification that an commence) , if the CIVILIAN that further proceedings are (c) The CIVILIAN (INVESTIGATIVE] PANEL may extend the time for review +ate.}- [for] additional [periods of] sixty (60) days if further investigation by the CIVILIAN [INVESTIGATIVE] PANEL is warranted. (4) FINDINGS AND CONCLUSIONS: At the conclusion of each, review, the CIVILIAN [INVESTIGATIVE] PANEL shall render one of the following findings based on the preponderance of the evidence: (a) Unfounded where the review shows that the act or acts complained of did not occur or were misconstrued; (b) Exonerated where the acts that provide the basis for the complaint occurred, but the review shows such acts were proper; (c) Not Sustained where, for example, the review fails to disclose sufficient facts to prove or disprove the allegation made in the complaint; (d) Sustained where, for example, the review discloses sufficient facts to prove the allegations made in the complaint; (e) No Finding where, for example, the complainant failed to produce information to further the investigation, the investigation revealed that another agency was responsible, and the complaint has been referred to that agency, the complainant withdrew the complaint, the complainant is unavailable to clarify the complaint, or the officer is no longer employed by the City, or the CIVILIAN (INVESTIGATIVE] PANEL did not reach a conclusion. (5) REPORT TO CHIEF OF POLICE: At the conclusion of its review (and/or investigation)(,] the CIVILIAN (INVESTIGATIVE] PANEL shall forward its written findings and conclusions to the Chief of Police and to affected officers and, to the extent permitted by law, to the complainants to which a timely written 3ubmItted into the public record in connection with Item / on d-f4�- . it r Po mart 8iiy Clerk response shall be received from the Chief of Police within 30 days. ++6i_RvI*._e_p_eepsEBizape_-ea2H-PIENTr..1. (a)Any citizen complaints received by the CIVILIAN rANEL related te-any-department---etheL4--t-han-the--Peliee--defe-rtment-enumerected--ill Attorney and affected department director within two working days. complaint to the City Manager, City Attorney and CIVILIAN PANEL. e-f—e&telet4-nert-ien-r---The—e-141-ErIAN---PANEET--mery—reque 3 t report 3 or other documentation related to a complaint including investigations and disciplinary actions involving sworn elf-o-L.serte-orrtael---Eir-om--the---elepert-metet.a..ted in Scc. 11.5 2(1).) Sec. 11.5-7. Subpoena power. (1) The CIVILIAN [INVESTIGATIVE] PANEL may subpoena witnesses and documents when conducting an independent investigation of allegations of Police misconduct as follows:(:) (a) A request for a subpoena must be presented to and reviewed by the CIVILIAN (INVESTIGATIVE] PANEL Independent Counsel; (b) The CIVILIAN [INVESTIGATIVE] PANEL Independent Counsel may deny or approve the request after consulting with the State Attorney's Office; (c) If approved by the CIVILIAN [INVESTIGATIVE] PANEL Independent Counsel, the CIVILIAN [INVESTIGATIVE] PANEL may issue the subpoena with an affirmative vote of 4-eigh-t.* [five (5)] of its members. (2) The subpoena shall be valid only within the jurisdictional limits of the City of Miami, Florida. However, the CIVILIAN [INVESTIGATIVE] PANEL may seek enforcement and extraterritorial domestication of its subpoenas in accordance with general law. Sec. 11.5-8. (Cooperation of City employees and officials with) (Rights of City Employees and Officials Appearing- Before] the CIVILIAN [INVESTIGATIVE] PANEL. Submitted into the publiC record in connection with item /5" ,Waiter rOefilaft, 1 2 6 8 GIN Clerk (1) When a City of Miami employee appears before the CIVILIAN (INVESTIGATIVE? PANEL in response to a subpoena, such employee shall be formally advised prior to the commencement of testimony that if the employee has a good -faith belief that the testimony would tend to be self -incriminating, and if, in reliance upon that good -faith belief, the employee declines to answer any question, that the employee's decision not to provide testimony will not subject him or her to any adverse employment consequences. Any employee who, after receiving such advice, decides to testify or provide evidence, must sign a statement acknowledging that the employee understands the advice and is testifying or providing evidence voluntarily and knowingly. (2) A police officer who is the subject of an investigation shall be informed of the nature of the investigation (prior to bcing interrogated) and provided with a copy of the complaint (prior to being interrogated] . (3) A person who appears before the CIVILIAN (INVESTIGATIVE? PANEL in response to a CIVILIAN tINTSTIGATZVE7 PANEL request for testimony may be represented by counsel or any other representative of his or her choice, which representative may be present at all times during the subject's appearance before the CIVILIAN (INVESTIGATIVE? PANEL. (4) The CIVILIAN fiNVESTIGATX"VE7 PANEL may hold evidentiary hearings requiring witnesses in the manner set forth in Sec. 11.5-5. Only the witnesses, their attorneys or representatives and CIVILIAN (IN ESTXGATIVJ7 PANEL members may participate in evidentiary hearings. (5) Policies and procedures shall be established to ensure compliance with. Chapters 112 and 119 of the Florida Statutes and any other applicable laws. Sec. 11.5-9. Administrative assistance; .independent counsel. When requested by the CIVILIAN (TNVJSTIGATIVEI PANEL, the City Manager, City Attorney, and the City Clerk shall provide full cooperation and assistance, however, the City Manager and City Attorney, are not required to attend the meetings of the CIVILIAN tINVESTIGATIVE7 PANEL, except to advise the CIVILIAN fINVESTIGATIVE7 PANEL, at its first meeting, of procedural laws and regulations related to public records and the Sunshine Law. The City Clerk and the City Attorney may conduct annual workshops to further inform the CIVILIAN [INVESTIGATIVE] PANEL of the aforementioned laws and regulations. An attorney -at -law admitted to practice in Florida for at least seven years shall be employed by the CIVILIAN (INVESTIGATXVE7 PANEL as Independent Counsel-{-TY subject to City Attorney and) the authority of the City Attorney to remove the Independent Counsel from employment. Submitted into the public record in coe ectio with item -L--- Alkfatterfourtran 12188 C,tty Clerk Sec. 11.5-10. Review and approval of annual budcret. (1) Effective immediately, the CIVILIAN [INVESTIGATIVE] PANEL shall establish a fiscal year that coincides with that of the City. The CIVILIAN (INVESTIGATIVEI PANEL shall submit to the City Commission, in a form acceptable to the City Manager, and no later than April 1 preceding the commencement of each fiscal year, a CIVILIAN [INVESTIGATIVE] PANEL budget request pertaining to its functions. The City Manager shall assign appropriate personnel to assist in the preparation of the budget for the CIVILIAN [INVESTIGATIVE] PANEL and provide administrative support to the CIVILIAN (INVESTIGATIVE] PANEL. The City Manager shall present the total estimated dollar appropriations necessary to cover expenses incurred by the CIVILIAN [INVESTIGATIVE] PANEL during the execution of its duties to the City Commission for its review and consideration in the annual budget of the City of Miami. Nothing contained herein shall be construed to prohibit the CIVILIAN LINTESTIGATIVE] PANEL from submitting a supplemental budget and appearing before the City Commission to request approval. (2) No expenditure shall be made in any given year without approval by the City Commission of the CIVILIAN (INVESTIGATIVE] PANEL, budget for that year and all expenditures shall comply with City procedures for acquisition of goods and services. (3) No provision contained in this Chapter shall be construed to violate the Anti -Deficiency Act, as set forth in Sections 18-500 through 18-503 of this Code. this Chapter, the) [4) The] members of the CIVILIAN (INVESTIGATIVE] PANEL {may) [shall] appoint an executive director of the CIVILIAN [INVESTIGATIVE] PANEL(. Cuch appointmcnt and ) [and approve] the terms and conditions of the (director's employment shall be sub• • The- director shall take an oath before entering upon any duties.) [executive director's employment. The executive director may hire or engage such additional personnel as necessary to provide for the efficient functioning of the CIVILIAN INVESTIGATIVE PANEL.] Sec. 11.5-11. Notices and filino of records. Notice of meetings shall be posted by the City Clerk at City Hall and other appropriate locations after being apprised by the CIVILIAN [INVESTIGATIVE] PANEL of an upcoming meeting(s). Advertisements of meetings shall be placed in newspapers of general circulation no less than ubmittao Into the public record in connection with item /017 on watterfteman 1, 2 1 8 8 city Cterk seven (7) days prior to the meeting. It shall be the duty of the City Clerk to comply with applicable laws related to filing of records. Sec. 11.5-12 Annual Retoorts. The CIVILIAN (INvrSTITIVEj PANEL shall, at least annually, provide a report in writing to the City Manager, the City Commission, the Chief of Police and the Mayor, to include statistics and summaries of citizen complaints, a comparison of the CIVILIAN LIATZW2TGATIVE1 PANEL's findings and conclusions with the actions taken by the Chief of Police, recommendations related to changes in policies and procedures and any recommended changes to this Chapter. Sec. 11.5-13 - 11.5-100. Reserved.„ Section 2.All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3.If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4.This Ordinance shall become effective thirty (30) days after final reading and adoption [thereof./)(hereof. 2/1 PASSED ON FIRST READING BY TITLE ONLY this day of , 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 2002. 2/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Submitted into the public record in connection with item / S on -1-/9- wetittr..peernao 12 1 S City Clerk MANUEL A. DIAZ, MAYOR ATTEST: SYLVIA SCHEIDER ACTING CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY W1103 2-6-02 [MIA\81743.11 Jubmitted into the public record in connection with item , /67 . on WalterFoerrren I 2 j 8 8 City Clerk • 1... AN PRRINANC •PP M A AI OITV 11t11$S$ON:CFtEAT,- IN( NgW AP i4t,6OFTkfEQFTHE+ Iiti'OPt ' •AMI, FLOR A, AS ' AMENDED, .ENTITLED *CIVILIAN COM- itAINT INV;ii 01443'AWD EVIL f'.': TO. CHEATS AND ESTABLISH THE CIVILIAN INVESTIGATIVE .PANEL ,I!OIP . • T.O.Srof3VEAS INDEPENDENT CITIZENS' OVEPi kT ., W13r AUTHORITY: ALLEGATION ' 'CEO UU ERATED r _130 NEL; FORWARD COMPLAINTS A LEGl ' ITV� TOREiS SFOR POLICE 'N1 ,ABULTA• TION WITH: ,.S .1'E A ,• P 0VIDJPM 44:rA0 IMMLJN!T' /3 ;' REVlLV i U• . MENTATIpN R'DI ELATED TQSQ1P 1 Y.AO:C9PN. F CER Trh#P'0TH E ENF0 NT.. 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Saki prdp Ordirt i be iris J fife 01,0141 the ,ay Office 'of the City y Clerk, j'3 ,Pan Ati�,�e/�r'i 'Or�l�l"rli';' 1\ l�f�atit Floc da, Monday ibro lgh Ff dak,] !?{f!`ucik holi!la s, betwaert the k. if • AN indite r ; a' y �ai,arr Y' Tay h® with�'t; 1d i a tlW�' et�sah desire tb' „peal any decision of the City Corrxnlaslon with respect to any matter to' considered at tneetthp, that oahid of ttie P4 that vatba r i. ei ti' +�y ` � aif .testirrK y e • ` rorw.; r0 THE d rY