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File ID: #1832
Ordinance
Second Reading
Sponsored by: Francis Suarez, Commissioner, Ken Russell, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
11.5/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF
MIAMI CIVILIAN INVESTIGATIVE PANEL", MORE PARTICULARLY BY AMENDING
SECTION 11.5-27, ENTITLED "PURPOSES, POWERS AND DUTIES", TO PROVIDE
FOR ADDITIONAL AUTHORITY; AMENDING SECTION 11.5-28, ENTITLED
"MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND
VACANCIES; APPOINTMENT OF THE CITY OF MIAMI CIVILIAN INVESTIGATIVE
PANEL ("CIP") NOMINATING COMMITTEE", TO PROVIDE FOR REVISED
QUALIFICATIONS, APPOINTMENT, AND NOMINATIONS OF MEMBERS;
AMENDING SECTION 11.5-31, ENTITLED "PROCEDURES", TO PROVIDE FOR
PROCEDURES FOR THE INVESTIGATION OF DIRECT FILED CASES,
INVESTIGATION, OR REVIEW OF INTERNAL AFFAIRS CLOSED CASES,
TIMEFRAMES FOR AND COMPLETION OF INVESTIGATIONS AND REVIEWS,
REVIEW OF POLICE POLICIES, PROCEDURES, AND PRACTICES, AND ISSUANCE
OF REPORTS; AMENDING SECTION 11.5-32, ENTITLED "SUBPOENA POWERS",
TO PROVIDE FOR THE REVISED PROCESS IN ISSUING SUBPOENAS; AMENDING
SECTION 11.5-34, ENTITLED "ADMINISTRATIVE ASSISTANCE; INDEPENDENT
COUNSEL", TO PROVIDE FOR THE SELECTION AND DUTIES OF THE EXECUTIVE
DIRECTOR, INDEPENDENT COUNSEL, AND ASSISTANCE FROM CITY OFFICIALS;
AMENDING SECTION 11.5-35, ENTITLED "REVIEW AND APPROVAL OF ANNUAL
BUDGET", TO PROVIDE FOR AN ANNUAL BUDGET NO LESS THAN ONE
PERCENT (1%) OF THE APPROVED PERSONNEL BUDGET OF THE MIAMI POLICE
DEPARTMENT WITH EXCEPTIONS AND BUDGET REQUEST REQUIREMENTS;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 1832 (Revision: B) Printed On: 3/21/2025
City of Miami
Legislation
Ordinance
Enactment Number: 13688
File Number: 1832 Final Action Date: 6/8/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
11.5/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF
MIAMI CIVILIAN INVESTIGATIVE PANEL", MORE PARTICULARLY BY AMENDING
SECTION 11.5-27, ENTITLED "PURPOSES, POWERS AND DUTIES", TO PROVIDE
FOR ADDITIONAL AUTHORITY; AMENDING SECTION 11.5-28, ENTITLED
"MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND
VACANCIES; APPOINTMENT OF THE CITY OF MIAMI CIVILIAN INVESTIGATIVE
PANEL ("CIP") NOMINATING COMMITTEE", TO PROVIDE FOR REVISED
QUALIFICATIONS, APPOINTMENT, AND NOMINATIONS OF MEMBERS;
AMENDING SECTION 11.5-31, ENTITLED "PROCEDURES", TO PROVIDE FOR
PROCEDURES FOR THE INVESTIGATION OF DIRECT FILED CASES,
INVESTIGATION, OR REVIEW OF INTERNAL AFFAIRS CLOSED CASES,
TIMEFRAMES FOR AND COMPLETION OF INVESTIGATIONS AND REVIEWS,
REVIEW OF POLICE POLICIES, PROCEDURES, AND PRACTICES, AND ISSUANCE
OF REPORTS; AMENDING SECTION 11.5-32, ENTITLED "SUBPOENA POWERS",
TO PROVIDE FOR THE REVISED PROCESS IN ISSUING SUBPOENAS; AMENDING
SECTION 11.5-34, ENTITLED "ADMINISTRATIVE ASSISTANCE; INDEPENDENT
COUNSEL", TO PROVIDE FOR THE SELECTION AND DUTIES OF THE EXECUTIVE
DIRECTOR, INDEPENDENT COUNSEL, AND ASSISTANCE FROM CITY OFFICIALS;
AMENDING SECTION 11.5-35, ENTITLED "REVIEW AND APPROVAL OF ANNUAL
BUDGET", TO PROVIDE FOR AN ANNUAL BUDGET NO LESS THAN ONE
PERCENT (1%) OF THE APPROVED PERSONNEL BUDGET OF THE MIAMI POLICE
DEPARTMENT WITH EXCEPTIONS AND BUDGET REQUEST REQUIREMENTS;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, seventy-three percent (73%) of the electorate of the City of Miami ("City")
approved the creation of the Civilian Investigative Panel ("CIP") by a referendum vote in 2001;
and
WHEREAS, the City Commission adopted Ordinance No. 12188 on February 14, 2002
establishing the CIP with the objective of providing the City with independent and impartial
oversight of the Miami Police Department ("MPD"); and
WHEREAS, pursuant to Resolution No. 14-0196 adopted on May 8, 2014, an
Independent Review Committee appointed by the City Commission issued a report on
September 11, 2014, which made various findings and recommendations, including that
Chapter 11.5 of the Code of the City of Miami, Florida, as amended ("City Code"), undergo
major revisions and that a committee be formed, involving stakeholders, in order to recommend
said revisions to the City Commission; and
WHEREAS, pursuant to Resolution No. 15-0116 adopted on March 12, 2015, the City
Commission established the City's Charter Review and Reform Committee ("Committee"),
City of Miami File ID: 1832 (Revision: B) Printed On: 3/21/2025
which met fifteen (15) times in order to propose revisions to the Charter of the City of Miami,
Florida ("Charter"); and
WHEREAS, the Committee made seventeen (17) recommendations regarding changes
to the Charter including changes to the section regarding the CIP; and
WHEREAS, the City Commission approved the proposed amendment to the Charter
regarding the CIP for placement on the November 2016 ballot; and
WHEREAS, the CIP Charter amendments were designed to promote independence,
transparency, and accountability and were approved by a referendum vote of seventy-eight
percent (78%) of the electorate; and
WHEREAS, proposed revisions to the City Code are necessary to make the current
ordinance comply with the Charter as recently amended and to address the findings and
recommendations of the Independent Review Committee;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 11.5/Article II of the City Code is further amended in the following
particulars:'
"CHAPTER 11.5
CIVILIAN COMPLAINT INVESTIGATION AND REVIEW
ARTICLE II
THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL
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 officers of the City's police
department;
(2) Exercise its powers so as to not interfere with any ongoing pending or potential criminal
investigations or prosecutions and conduct its activities consistent with applicable law,
including but not limited to 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 proccdurcs and providc input to the chicf of policc bcforc
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.
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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 reg iirec ci,nh change•
Engage the services of trained investigators and secure adequate training for its
members, including training in police policies and practices;
Conduct investigations consistent with the procedures set forth in Section 11.5-31,
reviews, inquiries, audits, and public hearings to make factual determinations, facilitate
resolutions and propose recommendations as to disposition or other outcome to the
city manager and police chief, City Manager, or, where appropriate, other City officials
regarding allegations of misconduct by any sworn officer of the city police department:
(a) allegations of misconduct by officers of the City's Police Department;
(b) incidents of uses of force by officers of the City's Police Department resulting in
death or great bodily harm to a person, with the mandatory duty to
automatically investigate police shootings or other uses of force resulting in the
death of a person; and
(c) incidents, events, or systemic problems involving officers of the City's Police
Department that affect the community.
Eleventh Judicial Circuit, (Miami Dade County) and approval of CIP independent
counsel, for therpurpose of
obtaining evidence�+�from witnesses and production of
books, pel '�, Pth� OidTenGe Ich subpoena shalGll be s fined, ser\ fd
CIP;
Enhance Promote community understanding and utilization of the process of -by which
complaints are submitting, processing aid responding to citizen complai is regarding
misconduct by police officers submitted and reviewed or investigated by the CIP and/or
the City's Police Department;
{8) Issue reports to the mayor, city commission, city attorney, city manager, chicf 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;
Forward complaints alleging criminal activity to the city's police department and other
relevant agcncico;
(7) Request issuance of subpoenas after consultation with the State Attorney of the
Eleventh Judicial Circuit in and for Miami -Dade County 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, and further, that no actions of the CIP may
interfere with any pending or potential criminal investigation or prosecution;
(8) Make written recommendations to the Police Chief as to current and proposed City
Police Department policies, procedures, and practices concerning but not limited to
training, recruitment, and disciplinary procedures;
(9) Issue reports, requests, and recommendations to the Mayor, City Commission, City
Attorney, City Manager, Police Chief, and the public concerning any matter within the
CIP's authority;
{11)(j Promulgate Establish, in collaboration with the Executive Director, written rules and
standard operating procedures for internal governance and standards for training of -for
CIP members and staff.-; and
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(11) Evaluate the performance of the Executive Director and of the Independent Counsel
annually pursuant to written criteria established by the CIP.
Sec. 11.5-28. Membership; qualifications; nomination of members; nominating committee;
appointment and filling vacancies; terms of office and vacancies; appointment of the CIP
nominating committee.
{a}(1) Membership. The CIP shall consist of thirteen 13) members who shall should 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�ose districts.
The CIP These thirteen (13) members shall be selected, approved, and appointed as
follows:
{-14 The city commissioners shall select approve the appointment of ten (10)
members from the names a pool of nominees selected and submitted by the
CIP nominating committee;. These ten (10) members shall include at least two
(2) members from each of the five (5) City Commission districts who
permanently reside in, own real property in, or work or maintain a business in
that City Commission district.
{2) The mayor shall recommend two (2) members from the names a pool of
nominees selected and submitted by the CIP nominating committee for
consideration for approval and appointment by the city commission. These
two (2) members shall permanently reside in, own real property in, or work or
maintain a business in the City;
(3) The chief of police Chief of the city shall appoint one (1) member; who shall
serve at the will of the chief of police Chief.
(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
appointmcnts to thc 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
comma inity and throe gh the media and city DIET Offices In addition applications
niay be submitted to the CIP directly by members of the city commission and
comma unity based civic and social sorvine groi me Ieagu es and organizationC
{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, cxccpt as
set forth in subsection (2)a. CIP nominating committee members shall be
approvcd by a majority vote of the CIP.
{2) The CIP nominating committee shall reflect the racial, gcndcr, cthnic, rcligious
linguistic, sexual orientation and cultural diversity of the city.
a. In thc cvcnt thc CIP dots not include at least one member
representing each of the five commi"lion districts, then the CIP shall fill
vacancies on the CIP nominating committee with members of the general
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rma o re€ide 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,
service groi me leagues and organizations
b. When the composition of the CIP includes at least two members from
each of Oho five commission districts appointor! by the commission any
member of the CIP nominating committee who serves pursuant to
subsection (2)a. shall be replaced by a CIP member representing the
came commission district.
{3) No CIP nominating committee member shall serve on more than two consecutive
nominating committees.
(d)2 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 Chief, 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 Chief, shall be currently
employed by the city nor be a sworn former employee of the city's police
department. No appointee may be person who is currently, or has been
previously, a party or party's legal representative in litigation against the city
may serve on the CIP for at least two (2) years from the conclusion of such
litigation, including any appeals. The filing of a complaint legal claim or lawsuit
against the city alleging liability of the city through actions of any police or
other sworn or enforcement personnel shall immediately disqualify any
appointee person 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 their duties,. of CIP membership all members of the CIP
shall complete training in ethics, conflicts of interest, and the Florida Sunshine
Law, and. All members of the CIP, except the appointee of the Police Chief,
shall also commit to complete Citizens Police Academy Training or approved
training through NACOLE (National Association of Citizens' Oversight of Law
Enforcement) or equivalent programs, unless the member has completed
such training within one (1) year prior to appointment to the CIP.
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 thc individual's
appointment to thc CIP, such individual is exempt from the requirement for such law
enforcement training only.
(3)
Nomination of members to fill vacancies.
(a) The CIP shall appoint a CIP nominating committee to solicit and screen
applications for vacancies, interview candidates, and select nominee(s) to
submit to the CIP, which shall, upon majority vote, submit nominations to the
City Commission for approval and appointment to fill vacancies on the CIP
pursuant to Section 11.5-28(1) of the City Code.
(b) The CIP nominating committee shall solicit applications for vacancies on the
CIP by disseminating public notices in English, Spanish, and Creole
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throughout the community and through the media and the City's 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, provided that any such application shall be
evaluated without regard to the individual or entity that solicited or submitted
the application.
(4) Appointment of the CIP nominating committee.
(a) The CIP nominating committee shall be composed of five (5) members of the
CIP, with one (1) member representing each of the five (5) City Commission
districts, except as set forth in subsection (b)(i) below. The nominating
committee shall be appointed annually by the Chairperson, subject to approval
by a majority vote of the CIP, to serve a one (1) year term, which term may be
extended if necessary to permit completion of the process described in
subsection (3)(b) with respect to a given set of vacancies.
(b) The CIP nominating committee shall reflect the diversity of the City.
(i) In the event the CIP does not include at least one (1) member
representing each of the five (5) City Commission districts, then the
CIP shall fill vacancies on the 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 by disseminating
public notices in English, Spanish, and Creole throughout the
community and through the media and the City's 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.
(ii) When the composition of the CIP includes at least two (2) members
from each of the five (5) City Commission districts, any member of
the nominating committee who is serving pursuant to subsection
(b)(i) shall be replaced by a CIP member representing the same City
Commission district.
(c) No CIP member shall serve on more than two (2) 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 busine-s in the city, except for the appointee of
and shall havc no rccord of a felony conviction.
{2) No appointee to the CIP, nor any member of the appointee's immediate family,
cxccpt for thc appointcc of the chicf of policc, shall be currcntly cmployed by the city nor
be a sworn former employcc of thc city policc dcpartmcnt. No appointcc 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 prohibitcd from scrving on thc CIP for two y ars from the
conclusion of such litigation.
{3) Upon assuming the duties of CIP membership members shall complete training in
Citizens Police Academy Training or approved training through NACOLE (National
Association of Citizens' Ovcrsight of Law Enforccmcnt) or cquivalcnt programs. If thc
individual appointed by the chief of police is a former police officer or if any of the other
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(f)
{g }&i
through NACOLE or equivalent programs within one year prior to the individual's
appointmcnt to the CIP, such individual is exempt from the requirement for such law
enforcement training only
[Appointment and filling vacancies by majority vote.] The city commission shall approve
and make all appointments all members of to fill any vacancies on the CIP (except the
appointee of the chief of police chief) by majority vote exclusively from the nominations
submitted to it by the nominating committee CIP.
[Vacancies.] Vacancies (other than the position to be filled by the city police chief) in the
rnembership of the CIP shall be filled by the city commission by majority vote exclusively
from names submitted to it by the CIP.
Terms of office. The terms of office of the members of the CIP appointed by the city
commission shall be for three (3) years. The terms of the members appointed by the city
commission and shall be unaffected by the terms of the mayor and city commissioners.
No CIP members shall continue to serve more than two (2) consecutive three (3) year
terms, provided that such CIP members may 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 sha compose a nominating committee that reflects the requirements
herein• and ci ibmit nominations of proposed new CID members consistent with the
der shall serve but in no event for more than six consecutive years on the CIP two
(2) additional months.
Sec. 11.5-29. 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, with the approval by majority vote of the CIP, all members serving on the various
committees that the CIP may establish from time to time.
Sec. 11.5-30. Meetings, quorum and voting; attendance requirements; parliamentary
procedures and rules of procedure; recordation.
{a-}L1 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 (7) days prior to the meeting date and
pursuant to the provisions set forth in section 11.5-36. A quorum shall consist of
seven (7) members of the CIP. An affirmative vote of not less than 54 fifty-one
percent (51 %) 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.
{baj Attendance requirements. The provisions set forth in section 2-886 of this Code
shall apply to all members of the CIP.
{Egj 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.
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(d)(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. 11.5-31. Procedures for investigation of direct filed cases, investigation, or review of
Internal Affairs' closed cases; timeframes for and completion of investigations and reviews;
review of police policies, procedures, and practices; and issuance of reports.
The following procedures shall be followed:
(1) Directly filed cases. Complaints concerning allegations of police misconduct, police
uses of force, or other matters pertaining to repeated issues of police misconduct may
be submitted to directly filed with the CIP by anyone, including a member of the CIP or
its staff.
(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 (2) working days;
(c) All complaints must be submitted within a year of the date of the incident or event,
or within one (1) year of the complainant becoming aware of the systemic problem,
giving rise to the complaint. Complaints filed after more than one (1) year of the
alleged misconduct thereafter may, however, be reviewed accepted 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) Investigation or review of CIP cases. The review or investigation of complaints shall
proceed as set forth herein.
(a) Investigation of directly filed cases. Investigation of complaints related to policc
rnisconduct received by directly filed with 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 48 hours permitting the agency
to obtain such judicial order; shall proceed as follows:
(i) Where a directly filed complaint involves potentially criminal conduct by a police
officer, the CIP may proceed with an investigation upon receipt of a written
determination by its Independent Counsel, who shall be required to consult with
the appropriate prosecutorial agencies, that such an investigation will not
interfere with any pending or potential criminal investigation or prosecution. A
decision of the CIP to proceed with such an investigation may be challenged by
any prosecutorial agency engaged in investigating or prosecuting the same
matter by seeking a judicial order. Written notification of such a legal challenge
shall stay the CIP's investigation for forty-eight (48) hours permitting the
prosecuting agency to obtain such a judicial order.
(ii) Upon determination by the Executive Director, in consultation with the
Independent Counsel as needed, that a directly filed complaint does not involve
potentially criminal conduct by a police officer, or upon the Independent
Counsel's written determination that a CIP investigation will not interfere with
any pending or potential criminal investigation or prosecution, the CIP may
proceed with an independent investigation of the complaint in accordance with
the time frames specified in subsection (3) below.
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(b) Internal affairs reports. At the conclusion of the internal affairs invcstigation, thc
internal affairs report prepared for the Chief of Police shall be transmitted to the
CIP within three working days;
(b) Police use of force involving death or great bodily harm to a person. Upon a
written determination by the Independent Counsel that an investigation will not
interfere with any pending or potential criminal investigation, and without waiting
for the conclusion of any Internal Affairs' investigation, and, further, regardless of
whether any allegation of misconduct is made, the CIP must automatically
commence an independent investigation into any incident in which a police
shooting or other uses of force resulted in death of a person and may commence
an independent investigation into any use of force resulting in great bodily harm to
a person.
{c) Upon written determination by its independent counsel that an investigation of
allega+ionc of police miccond ic+ magi 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 rlocumen+c 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
of police;
(c) Investigation or review of Internal affairs closed cases. The close-out reports of all
investigations of police misconduct conducted by Internal Affairs of the City's
Police Department shall be transmitted to the CIP within three (3) working days of
the Police Chief's final decision. Thereupon, Internal Affairs shall make its entire
investigative file available to CIP staff for inspection and copying. The CIP may
then proceed to conduct either an independent investigation of the matter or a
review of the Internal Affairs' file, in accordance with the time frames specified in
subsection (3) below.
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;
c. The CIP chairperson may a -sign a mcmbcr or committcc to review Internal Affairs
reports and make a recommendation that the CIP take one of thc actions
cnumcratcd in subsection c. above;
f,(d) Notice of commencement. Affected officers; and complainants, to the extent
permitted by law, shall receive copies of CID reports to the police department and
be notified of the commencement of the CIP's requests for information
investigation or review.
{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.
(3) Timeframes for investigations and reviews. The following timeframes shall govern the
investigation or review process:
(a) Upon determination that a directly filed complaint does not involve potentially
criminal conduct by a police officer, the CIP's investigation must commence within
ten (10) working days of the filing of the complaint and must be completed and
presented to the members of the CIP for their final consideration at a regular or
special meeting within one hundred eighty (180) days of the investigation's
commencement.
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(b) With respect to directly filed complaints that involve potentially criminal conduct by
a police officer, the following timeframes shall apply:
(i) Within three (3) working days of the filing of such complaint, the CIP shall
forward the complaint to the City's Police Department.
(ii) Within three (3) working days of the filing of such complaint, the CIP shall
forward the complaint to its Independent Counsel.
(iii) The Independent Counsel shall, within ten (10) working days of receiving the
complaint, provide the CIP with a written determination as to whether its
independent investigation of the complaint will interfere with a pending or
potential criminal investigation or prosecution.
(iv) If the Independent Counsel's written determination is that the CIP's
independent investigation will not interfere with a pending or potential criminal
investigation or prosecution, the CIP's investigation must commence within
seven (7) working days of the receipt of that determination and must be
completed and presented to the members of the CIP for their final
consideration at a regular or special meeting within one hundred eighty (180)
days of the investigation's commencement.
(c) With respect to Internal Affairs' closed cases, the following timeframes shall apply:
(i) The Executive Director must decide within ten (10) working days of receipt of
the Internal Affairs' close-out report and access to the Internal Affairs'
investigative file whether to conduct an independent investigation of the matter
or a review of that file.
(ii) Where the Executive Director's decision is to independently investigate the
matter, such investigation must be completed and presented to the CIP for its
final consideration at a regular or special meeting of the CIP within one
hundred eighty (180) days of the investigation's commencement.
(iii) Where the Executive Director's decision is to review the file, such review must
be concluded and presented to the CIP for its final consideration at a regular
or special meeting of the CIP within sixty (60) days of the review's
commencement.
(d) If the CIP fails to aGt complete its investigation or review within the these
timeframes, the CIP's file on periods specified in subsection (3) herein below, the
complaint file shall be closed without a finding as out -of -time. However, in the case
of a directly filed complaint, the CIP may extend the timeframe for the investigation
to be completed and presented to the CIP for its final consideration by sixty (60)
days after receipt of the Internal Affairs' investigative file.
At the conclusion of ach rcvicw or invcstigation, thc CIP shall rcndcr one of the
following findings based on the preponderance of the evidence:
a. Unfounded whcrc thc rcvicw or invcstigation shows that thc 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 whcrc, for cxamplc, thc rcvicw or invcstigation fails to disclosc
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;
c. No finding whcrc, for cxamplc, thc complainant failcd to produce information to
further the investigation, the review or investigation revealed that another agency
was responsible and the nervmplaint has been referrer! to that agency the
a -
complaint withdrew the complaint, the complainant is unavailable to clarif„ the
complaint, or the officer is no longer employed by the city, or the CIP did not
reach a conclusion.
(4) Standards for CIP consideration of completed investigation or review. In its
consideration of a completed investigation or review, the CIP's proceedings shall be as
City of Miami File ID: 1832 (Revision: B) Printed On: 3/21/2025
informal as is compatible with the essential requirements of law, and shall not be
governed by courtroom rules and procedures. Further, strict rules of evidence, as in
courts of law, shall not apply and evidence is to be admitted at the discretion of the
Chairperson. However, fundamental due process shall be observed and shall govern
the proceedings and pertinent information shall be considered for the purposes of
providing substantial justice for all parties.
(5) Results of investigation or review. Upon presentation to the CIP of the results of an
investigation or review, the CIP may:
(a) Remand the matter to the Executive Director for further investigation or review,
the results of which are to be presented to the CIP for its consideration at its next
regular meeting.
(b) Render one (1) of the following findings based on the preponderance of evidence:
(i) Unfounded where the investigation or review shows that the act or acts that
provide the basis for the complaint did not occur or were misconstrued;
(ii) Exonerated where the act or acts that provide the basis for the complaint
occurred, but the investigation or review shows that such acts were proper;
(iii) Not sustained where the investigation or review fails to disclose sufficient facts
to prove or disprove the claim(s) made in the complaint;
(iv) Sustained where the investigation or review discloses sufficient facts to prove
the claim(s) made in the complaint;
(v) No finding where the Executive Director recommends summary disposition of
the complaint for such reasons as the complainant failed to produce
information to further the investigation; the investigation or review 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.
(c) Formulate recommendations to the Police Chief as to disposition, including
recommendations as to training of police officers, revision of City Police
Department policies or procedures, or where a complaint has been sustained,
consequences for the subject officer(s).
(d) Place an officer who has been the subject of three (3) or more complaints within
the past year on a monitoring list accessible to the public.
(5)(6)
Notification of results of investigation or review. At the conclusion of its review or
investigation or review, the CIP shall forward its written findings and conclusions
to the chief of recommendations in writing to the police Chief, an -ate -all affected
officers, and, to the extcnt permittcd by law, to the complainants and, where
appropriate, to the Mayor, City Manager, and/or City Commission, to which a
timely written response shall be received from the chief of police the Police Chief
must respond to the CIP in writing within 30 forty-five (45) days, explaining why
the CIP's recommendations were or were not accepted.
(7) Review of police policies, procedures, and practices.
(a) The CIP may, at any time, review and make written recommendations to the Police
Chief as to current City Police Department policies, procedures, and practices
concerning but not limited to training, recruitment, and disciplinary procedures to
which the Police Chief must respond to the CIP in writing within forty-five (45) days
explaining why the CIP's recommendations were or were not accepted.
(b) Whenever the Police Chief proposes to revise established City Police Department
policies, procedures, or practices, the Police Chief must transmit the proposed
revisions to the CIP forty-five (45) days prior to implementation, except if an
emergency requires a more expeditious implementation. Within thirty (30) days of
City of Miami File ID: 1832 (Revision: B) Printed On: 3/21/2025
the receipt of the proposed revisions, the CIP may make written recommendations
to the Police Chief as to those revisions, to which the Police Chief must respond to
the CIP in writing within forty-five (45) days, explaining why the CIP's
recommendations were or were not accepted.
(8) Issuance of reports. The CIP may, when appropriate, issue reports, which may contain
requests and recommendations, concerning any matter within the CIP's authority, to
the Mayor, City Commission, City Attorney, City Manager, Police Chief, and the public,
to which the appropriate official must respond in writing within forty-five (45) days,
explaining why the CIP's requests or recommendations were or were not accepted.
Sec. 11.5-32. Subpoena power.
(a)LU The CIP may subpoena witnesses and documents when conducting an as part of any
independent investigation, of allegations of police misconduct review, inquiry, audit, or
public hearing it conducts, as follows:
(1) A request for a subpoena must be presented to and reviewed by the CIP
independent counsel; for compliance with legal requirements and the
appropriateness of issuance of the subpoena. Further, in cases that involve
criminal conduct by a police officer, the Independent Counsel must consult with the
State Attorney of the Eleventh Judicial Circuit in and for Miami -Dade County as to
whether the issuance of the subpoena will interfere with any pending criminal
investigation or prosecution.
(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, After receiving advice from its
Independent Counsel as to whether a requested subpoena complies with legal
requirements and is appropriate to issue, and in cases that involve potentially
criminal conduct of a police officer, after receiving the Independent Counsel's
advice as to whether the subpoena will interfere with any pending or potential
criminal investigation or prosecution, the CIP may issue the subpoena with an
affirmative vote of seven upon approval of a majority of its seated members.
(baj 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.
Sec. 11.5-33. Procedures related to city employees and witnesses.
{a-}L1 1
(b)gj
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.
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.
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.
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(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--I5j Policies and procedures shall be established to ensure compliance with Chapters 112
and 119 of the Florida Statutes and any other applicable laws.
Sec. 11.5-34. Administrative Executive Director; Independent Counsel; assistance from City
officialsindependent counsel.
When requested the ft city m-anager, cr y attorne,� rcy nE1-cit„ clerk shall
provide full cooperation and assistance, howcvcr, the city manager and city attorncy arc
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
the CIP of the aforementioned laws and regulations. An attorney at law admitted to
counsel, subject to the approval of the city attorney and the authority of the city attorney
to remove the independent counsel from employment.
(1) Executive Director.
(a) The CIP office shall be headed by a full-time professional Executive Director with
education or experience in criminal justice who is appointed by and subject to removal
by the CIP, with the approval of the City Commission. The Executive Director, serving
as the CIP's chief executive officer, shall oversee the operations of the CIP and shall
perform the following specific duties:
(i) recruit, hire, supervise, terminate, and make all other employment decisions
regarding investigators and administrative staff;
(ii) ensure that all members of the CIP receive training in ethics, conflicts of
interest, the Florida Sunshine Law, and the opportunity to attend a police
policies and procedures program as set forth in Section 11.5-28(2)(c);
(iii) establish priorities and objectives for the CIP;
(iv) manage the implementation and evaluation of the CIP's functions;
(v) in collaboration with the members of the CIP, establish written rules and
standard operating procedures for internal governance and standards for
training for CIP members and staff; and
(vi) in collaboration with the members of the CIP, promote community
understanding and utilization of the process by which complaints are
submitted and reviewed or investigated.
(b) The Executive Director's performance shall be evaluated annually by the CIP pursuant
to written criteria established by the CIP.
(2) Independent Counsel.
(a) The CIP shall hire an experienced and competent attorney -at -law in good standing
admitted to the practice of law in the State of Florida for at least seven (7) years and
generally knowledgeable in municipal law as Independent Counsel with the approval of
the City Commission. The CIP shall have the power to remove the Independent
Counsel with the approval of the City Commission. The Independent Counsel shall
provide legal advice and assistance to the CIP as requested and shall perform the
following specific duties:
(i) Issue written determinations, after consulting with the appropriate
prosecutorial agencies, as to whether an investigation by the CIP of a directly
filed complaint involving potential criminal conduct will interfere with any
pending or potential criminal investigation or prosecution;
(ii) Review CIP requests for subpoenas for compliance with legal requirements
and the appropriateness of issuance of the subpoena; in cases that involve
potentially criminal conduct by a police officer, issue written determinations
City of Miami File ID: 1832 (Revision: B) Printed On: 3/21/2025
after consultation with the appropriate prosecutorial agencies as to whether
the issuance of the subpoena will interfere with any pending or potential
criminal investigation or prosecution; and advise the CIP of the results of such
review and consultation.
(iii) Prepare subpoenas as directed by the CIP in accordance with Section 11.5-
32(2).
(b) The Independent Counsel's performance shall be evaluated annually by the CIP
pursuant to written criteria established by the CIP.
(3) Assistance from City officials. When requested by the CIP, the City Manager, City Attorney,
and City Clerk shall provide full cooperation and assistance to the CIP, but are not required
to attend its meetings. The City Clerk and the City Attorney may conduct annual workshops
to advise the CIP of the procedural laws and regulations related to public records, the
Sunshine Law, and any other requirements.
Sec. 11.5-35. Review and approval of annual budget.
{a}j Effective immediately, the CIP shall establish a fiscal year that coincides with that of
the city. The CIP shall be operated on an annual budget that shall be no less than one
percent (1 %) of the approved regular salaries and wages line item of the City's Police
Department general fund budget except as otherwise required by the City Manager's
declaration of a fiscal emergency, financial urgency, or financial emergency. 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 pertainits functions detailing how the CIP will spend its budgeted
allotment. 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.
{baj 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.
{-}0j 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 appointmcnt and the tcrms
and conditions of the dircctor's cmployment shall be subject to approval by the city
commission. The director shall take an oath before entering upon any duties.
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 posted on the City's website 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. 11.5-37. Annual reports.
The CIP shall, at least annually, provide a report in writing to the city manager, the city
commission, the chief of police Chief and the mayor, to include statistics and summaries of
citizen complaints the results of the CIP's investigations and reviews, a comparison of the CIP's
City of Miami File ID: 1832 (Revision: B) Printed On: 3/21/2025
findings and conclusions those results with the actions taken by the chief of police Chief, any
recommendations related to changes in policies and procedures and any recommended
changes to this chapter.
*„
Section 3. If any section, part of a 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.2
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby I_. Min, Deputy City Attorney 4/19/2017 Barnaby I_. Min, Deputy City Attorney 5/2/2017
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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.
City of Miami File ID: 1832 (Revision: B) Printed On: 3/21/2025