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
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