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HomeMy WebLinkAboutComposite Exhibit ACOMPOSITE EXHIBIT A 1. Civilian Investigative Panel ("CIP") Resolution No. 19-02, adopted July 16, 2019; and 2. CIP Budget Memorandum of July 16, 2019; and 3. CIP Budget Template for Fiscal Year 2019-2020. EILEEN DAMASO Chairperson (flan investigative p r. CIVILIAN INVESTIGATIVE PANEL RESOLUTION RESOLUTION TO APPROVE BUDGET PROPOSAL FOR FISCAL YEAR 2019-2020 CRISTINA BEAMUD Executive Director CIP RESOLUTION 19-02 A RESOLUTION OF THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL ("CIP") REQUESTING THAT THE CITY OF MIAMI COMMISSION APPROVE THE ATTACHED PROPOSED BUDGET IN THE AMOUNT OF $1,174,000. WHEREAS, the City of Miami ("City") Civilian Investigative Panel ("CIP") was created pursuant to City Commission Ordinance No. 12188 on February 14, 2001 and amended by City Commission Ordinance No. 13688 on June 8, 2017; and WHEREAS, the CIP serves as an independent citizens' oversight panel with authority to conduct investigations and propose recommendations regarding allegations of misconduct by any sworn officer of the City police department, make written recommendations related to City police department policies and procedures, and subpoena witnesses and documents when conducting independent investigations of allegations of police misconduct; and WHEREAS, Section 11.5-35 of the Code of the City of Miami, Florida, as amended, provided that the CIP shall be operated on an annual budget that shall be no less than 1% of the approved personnel budget for the City police department at the time the ordinance approval ($1,174,000) on June 8, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CIVILIAN INVESTIGATIVE PANEL OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The CIPS's Fiscal Year 2019-2020 budget, in the amount of $1,174,000, attached and incorporated, for the Fiscal Year commencing October 1, 2019 and ending September 30, 2020, is approved. Eileen Damaso Chairperson Approved by the Civilian Investigative Panel July 16, 2019 CIVILIAN INVESTIGATIVE PANEL 970 S.W. 1st Street, Suite #305/ Miami, Florida 33130 (305) 960-4956 / Fax: (305) 400-5013 www.miamigov.com/cip EILEEN DAMASO Chairperson TO: FROM: s n investigative CRISTINA BEAMUD Executive Director The Honorable Mayor and Members of the City Commission Cristina Beamud, Executive Director DATE: July 16, 2019 SUBJECT: City of Miami Civilian Investigative Panel Proposed Budget 2019- 2020 Introduction: The City of Miami strives to promote integrity, accountability, commitment and teamwork. Civilian oversight of law enforcement can transform organizational culture in a positive way. The Civilian Investigative Panel ("CIP") involves people from outside the police, taking a role in the provision of public safety services. We help build community trust with law enforcement which increases cooperation that results in the community engaging and sharing information with the police. This makes neighborhoods safer. Mission Statement: The Civilian Investigative Panel serves the public and police by providing fair and impartial assessments regarding concerns about sworn police officers. The CIP provides a truthful balanced judgment of issues and complaints and provides a safe, open environment to express grievances, concerns and solutions. The facts are assessed by community members in order to reflect the values of the community, improve understanding and public safety. Departmental Description: The CIP was established as a result of a November 2001 referendum that was supported by over 76 percent of the electorate. The referendum was in response to the demand of the citizens of Miami for independent civilian oversight over the sworn members of the police department. As a result of the Charter amendment, Chapter 11.5 of the Code of the City of Miami and Ordinance No. 12188 was enacted. The electorate, again, supported changes to the City Charter in 2016 to make the Civilian Investigative Panel more independent, clarifying membership composition, and confirming its right to hire and fire an executive director and attorney. Seventy-eight percent (78%) of the electorate agreed to amend the Charter to confirm the Panel's ability to investigate and review policies and practices of the Miami Police Department. Shortly after the Charter amendments were approved, the City Commission adopted changes to the ordinance to comply with the charter and to clarify the Panel's authority. CIVILIAN INVESTIGATIVE PANEL 970 S.W. 1st Street, Suite #305/ Miami, Florida 33130 (305) 960-4956 / Fax: (305) 400-5013 www.miamigov.com/cip 1 The Civilian Investigative Panel is located at the Artime Community Center and currently has six full-time employees. They accept complaints from the public and receive completed complaints from Internal Affairs, as well as review the policies and procedures of the Miami Police Department. The staff supports thirteen volunteer citizens, who meet monthly to review the work produced by staff. Additionally, at the request of the City Manager, the CIP staff supports the Community Advisory Board. Table of Organization: CIVILIAN INVESTIGATIVE PANEL TABLE OF ORGANIZATION ivi Ian Investigative Panel r Executive Director Assistant Director Independent Counsel Investigator II CIP Analyst Administrative Aide II 2 Departmental Functions: The Civilian Investigative Panel is authorized by Miami City Ordinance 11.5-27 to perform the following functions: (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 pending or potential criminal investigations or prosecutions and conducts its activities consistent with applicable law, including but not limited to the Florida Government in the Sunshine Law and with applicable labor contracts; (3) Engage the services of trained investigators and secure adequate training for its members, including training in police policies and practices; (4) 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 police chief, city manager, or, where appropriate, other city officials regarding: (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. (5) Promote community understanding and utilization of the process by which complaints are submitted and reviewed or investigated by the CIP and/or the city's police department; (6) Forward complaints alleging criminal activity to the city's police department; (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) Establish, in collaboration with the executive director, written rules and standard operating procedures for internal governance and standards for training for CIP members and staff; and (10)Evaluate the performance of the executive director and of the independent counsel annually pursuant to written criteria established by the CIP. 3 Priorities for 2019-2020: The Civilian Investigative Panel seeks to continue to accept and investigate complaints against the police from members of the public. This will allow the Panel to make factual determinations, facilitate resolutions and report recommendations to the City Manager and the Chief of Police. The Panel will continue to build relationships within the community and will continue to participate in community events especially related to public safety. The staff will also continue to support the Community Advisory Board. The Community Advisory Board was organized and authorized to comply with the United States Department of Justice agreement with the Miami Police Department. They meet monthly to provide feedback to the Miami Police Department and the Independent Reviewer. The Civilian Investigative Panel hired a new Senior Policy Analyst in fiscal year 2018- 2019 in order to expand its capabilities regarding policy to the Miami Police Department. This person maintains and interprets data in order to lend support to any recommendations made. The data maintained is related to complaint investigations and provides a deep foundation of community concerns that can be utilized and analyzed to provide valuable and quantifiable feedback. It is the goal of the Civilian Investigative Panel to provide feedback that is well informed, constructive and ultimately improves the quality of life for the visitors and residents of the City of Miami. Departmental Accomplishments 2018-2019: Nominations: The Civilian Investigative Panel is required by Article II, Section 11.5-28 to appoint a nominating committee to solicit and screen applications for vacancies. They interview candidates and select nominees which then require approval by vote of the entire Panel. The nominations then must be approved by a vote of the City Commission. The members are term limited to 6 years (2 three year terms). During 2018-2019 fiscal year, there were two vacancies. The Nominating Committee recruited applicants, interviewed and nominated candidates to fill these positions. One, Jason Bloch, was confirmed by the City Commission. Community Outreach: The Panel has conducted significant community outreach in hopes of ensuring that the community is aware of the services we provide. We have also partnered with the Miami Police Department to provide a forum to discuss the implementation of body cameras. The website is now up to date and includes all of the cases considered and adjudicated by the CIP. We strive to assist in the provision of first-class public safety services, foster a sense of safety in Miami's communities and promote the health and well-being of city residents. 4 Complaint Intake and Investigation Statistics: During the 2018 calendar year, the CIP handled 223 complaints. Each complaint encompassed 299 different allegations of misconduct for City of Miami Police Officers. The following is a breakdown by allegations, findings and City district of the complaint and its contents: Complaints by Allegations 2018 Negligence of Duty, 41 Misconduct, 18 Improper Prcedure, 117 I' Abusive Treatment , 18 Discourtsey, 62 Complaints by District 2018 Out of Jurisdiction, 19 No Address, 11 District 4, 15 District 1, 29 District 2, 49 District 3, 23 5 Findings by Allegation 2018 Unfounded, 6 Policy Failure, 6 Exonerated, 16 No Finding, 141 Sustained, 74 Not Sustained, 56 Departmental Budget Highlights for FY 2018-2019 The current budget has been set by ordinance. It includes an additional position of Senior Policy Analyst. This will allow the CIP to propose more robust and detailed policy recommendations. Priorities: The Civilian Investigative Panel strives to improve public safety in the City of Miami. It contributes to the provision of public safety services, fosters a sense of safety in the community and promotes the health and well-being of city residents. It helps build community trust with law enforcement, which increases cooperation that results in the community engaging and sharing information with the police. This makes neighborhoods safer. 6 Civilian Investigative Panel Budget Template FY 2019-20 Proposed Budget FY 2015-16 Actual FY 2016-17 Actual FY 2017-18 Actual FY 2018-19 Budget FY 2018-19 Projection FY 2019-20 Proposed ad Difference Notes Number of Full -Time Positions 5 5 6 6 6 6 0 Are any positions funded in other budgets? No No No No No No If so, how much Is In this budget? If so, how much is in the other budget? Revenues $ - $ - $ - $ - $ - $ - $0 439000 Pmts Other Local $ 549,800 $ 659,400 $ 1,124,000 $ 1,174,000 $ 1,174,000 $ 1,174,000 $0 Per City Commission Ordinance #13688, File #1832 489900 Other Carryout $ - $ 58,395 $ - $ - $ 43,000 $ - $0 469000 Other Miscellaneous Rev $ 127,700 $ - $ - $ - $ - $ - $0 Includes Retirement, Life/Health, and Worker's Comp, included in 439000 FY 18-19 Revenue 5 Revenue 6 Revenue 7 Revenue 8 Revenue 9 Revenue 10 Revenue Grand Total $678,000 $718,000 $1,124,000 $1,174,000 $1,217,000 $1,174,000 $0 Expenditures Executive Salaries $114 $63'". ,,��_� -,�Ii- Regular Salaries and Wages $288,481 $333,193 $396,634 $471,000 $462,000 $532,000 Baseline ($502,000), 29 per AFSCME ($5,000), 5% Anniversary ($25,000) Fringe Benefits ! $3,274 $13,112 $13,000 $13,000 $11,000 -$2,000 Long Term Disability Supplement, Car and phone allowances for Director ($8,000), Car and phone allowance for Asst. Dir ($5,000) FICA Taxes $21,034 $24,820 $29,561 $36,000 $35,000 $40,000 +$4,000 Baseline ($38,000), 5% (2,000) Retirement Contributions $71,600 $76,300 $91,000 $95,000 $95,000 $137,000 +$42,000 Cost Allocation common to all Departments Life and Health Insurance $45,800 $62,100 $67,000 $78,000 $78,000 $90,000 +$12,000 Cost Allocation common to all Departments Workers' Compensation $10,300 $9,800 $11,000 $12,000 $12,000 $12,000 $0 Cost Allocation common to all Departments Professional Services - Legal $43,085 f 1 Professional Services $9,411 $11,315 $9,017 $10,000 $10,000 $10,000 $0 Accounting and Auditing $12,725 $13,500 $13,000 $35,000 $13,000 $0 Other Contractual Services $159,940 $103,395 $84,141 $169,000 $90,000 $163,000 -$6,000 Travel and Per Diem $15,443 $11,468 $10,751 $19,000 $22,000 $19,000 $0 Training j ..__ $8,591 $60000 $10,000 $60,000 $0 (N.A.C.O.L.E.) Communications and Related Services $151 $317 $1,698 : 1 Postage $173 $188 $193 Rentals and Leases $1,157 $564 $29,278 $3,000 $1,000 $3,000 $0 Re. air and Maintenance Services $834 i $1,690 $3,000 $1,000 $3,000 $0 Printing and Binding $2 4 $2,000 $0 Advertising and Related Costs $144 $3,503 $2,995_ Other Current Charges and Obligations $16,936 $12,927 $10,136 $14,000 $10,000 $14,000 Office Supplies $1,959 $3,795 $6,673 $3,000 $6,000 $3,000 $0 intQhead B#233.431es56AM $745 $1,463 $710 $2,000 S2,000 $0 Paxe 1 f2 Civilian Investigative Panel Budget Template FY 2019-20 Proposed Budget FY 2015-16 Actual FY 2016-17 Actual FY 2017-18 Actual FY 2018-19 Budget FY 2018-19 Projection FY 2019-20 Proposed Difference Notes Number of Full -Time Positions 5 5 6 6 6 6 0 Are any positions funded in other budgets? No No No No • No No howmuch is in this budget? ; - • '.-W 3 u a 4 Iso, so, how much is in the other budget? t Motor Fuel •:�e'i ;, $2,000 .;,,�"��'.°� $2,000 $0 Public Safety Supplies s z: :s. r� s:_ .�.k .. � . _� ...._ ww .. t)v ° n•11:ne, t � w.=.7,7-7: ' Subscriptions, Memberships, and Licenses $3,270 $1,756 $2,542 $3,000 $2,000 $3,000 $0 ir lnterfund Transfer m `""aKs" Machinery and Equipment 52,878 $7,010 $3 000 7-70,T . t $3,000 Capital Projects and Purchases ° M ., i __.-,_::F $3,000 Wf` $3,000 $0 Other Grans and Aids a y .__ .. .. $1,222 $668 $20,000 $2,000 $20,000 $0 Support for Community Advisory Board All Other Expenditures p .. $29,000 $29,000 $29,000 $0 Leasing of Office Space from DREAM Budget Reserve w�...e,....;:.:...u.. • ...a..,ws�....kr.: 111,000 $ � �: t ,' + .M ` �,aaa - 111,000 $ Expenditure Grand Total $706,000 $675,000 $785,000 $1,174,000 $913,000 $1,174,000 -$61,000 Revenues Minus Expenditures -$28,000 $43,000 $339,000 so $304,000 $0 $61,000 Printed: 7/23/2019 11:56 AM Page 2 of 2