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HomeMy WebLinkAboutBack-Up from Law DeptCity of Miami Charter 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: (i) twelve (12) civilian members who shall be nominated by the civilian investigative panel and approved by the city commission and (ii) a thirteenth (13th) member who shall be an appointee of the Chief of Police who is not a City of Miami Police Officer; (B) Staffed with professional personnel, including but not limited to: (i) an executive director who shall serve as chief executive officer and (ii) an independent legal counsel who is an experienced and competent member of the Florida Bar with at least seven years membership in the Florida Bar and is generally knowledgeable in municipal law, both of whom shall be appointed by and subject to removal by the panel with the approval of the City Commission; (C) Operated on an annual budget established by the City Commission, by ordinance, that will allow the panel to maintain its independence and perform its Charter mandated functions, with sufficient professional staff, while taking into account the City Manager's declaration of a fiscal emergency, a financial urgency, or financial emergency in the City; (D) Authorized by vote of the CIP and in "consultation" with the state attorney of Miami -Dade County, to issue subpoenas for allegations which are criminal in nature, provided that the CIP may not confer immunity and must advise all city employees appearing before it that no adverse employment consequences will result from the valid exercise of their right to be free from self- incrimination, and, further, that no actions of the CIP may interfere with any pending or potential criminal investigation or prosecution; and (E) Authorized to: (1) Conduct independent investigations of allegations of police misconduct and police uses of force resulting in death or great bodily harm to a person; (2) Conduct independent investigations of other matters pertaining to repeated issues of conduct by City of Miami Police Officers; (3) Review police department policies and practices; and (4) Make written requests and recommendations regarding the CIP's reviews and investigations to the city manager and the police chief, to which the Police shall issue a written response within forty-five (45) days. (Res. No. 01-844, § 2, 8-9-01; Res. No. 16-0351, § 2, 7-29-16) • City of Miami Code, As Amended • Chapter 11.5 - CIVILIAN COMPLAINT INVESTIGATION AND REVIEW] Footnotes: --- Editor's note— Ord. No. 12188, § 1, adopted February 14, 2002, enacted provisions intended for use as §§ 11.5-1-11.5-12. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as §§ 11.5-25-11.5-37. • ARTICLE I. - IN GENERAL • Secs. 11.5-1-11.5-25. - Reserved. • 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 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 conduct 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) 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; (10) 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 (11) Evaluate the performance of the executive director and of the independent counsel annually pursuant to written criteria established by the CIP. (Ord. No. 12188, § 1, 2-14-02; Ord. No. 13688, § 2, 6-8-17) • Sec. 11.5-28. - Membership; qualifications; nomination of members; nominating committee; appointment and filling vacancies; terms of office. (a) Membership. The CIP shall consist of 13 members who should reflect the diversity of the city. These 13 members shall be selected, approved, and appointed as follows: (1) The city commissioners shall approve the appointment of ten members from a pool of nominees selected and submitted by the CIP. These ten members 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 that city commission district. (2) The mayor shall recommend two members from a pool of nominees selected and submitted by the CIP for approval and appointment by the city commission. These two members shall permanently reside in, own real property in, or work or maintain a business in the city; (3) The police chief shall appoint one member, who shall serve at the will of the police chief. (b) 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 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 police chief, shall be currently employed by the city nor be a sworn former employee of the city's police department. No 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 years from the conclusion of such litigation, including any appeals. The filing of a legal claim or lawsuit against the city alleging liability of the city through actions of any police or other sworn or enforcement personnel shall disqualify any person from serving on the CIP. (3) Upon assuming their duties, all members of the CIP shall complete training in ethics, conflicts of interest, and the Florida Sunshine Law. 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 year prior to appointment to the CIP. (c) Nomination of members to fill vacancies. (1) 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 CI P pursuant to subsection 11.5-28(a) of the City Code. (2) The CIP nominating committee shall solicit applications for vacancies on the CIP by disseminating public notices in English, Spanish, and Creole 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. (d) Appointment of the CIP nominating committee. (1) The CIP nominating committee shall be composed of five members of the CIP, with one member representing each of the five city commission districts, except as set forth in subsection (2)a. 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-year term, which term may be extended if necessary to permit completion of the process described in subsection (c)(2) with respect to a given set of vacancies. (2) The CIP nominating committee shall reflect the diversity of the city. a. In the event the CIP does not include at least one member representing each of the five 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. b. When the composition of the CIP includes at least two members from each of the five city commission districts, any member of the nominating committee who is serving pursuant to subsection (2)a. shall be replaced by a CIP member representing the same city commission district. (3) No CIP member shall serve on more than two consecutive nominating committees. (e) Appointment and filling vacancies by majority vote. The city commission shall approve and make all appointments to fill any vacancies on the CIP (except the appointee of the police chief) by majority vote exclusively from the nominations submitted to it by the CIP. (f) Terms of office. The terms of office of the members of the CIP appointed by the city commission shall be for three years and shall be unaffected by the terms of the mayor and city commissioners. No CIP member shall serve more than two consecutive three-year terms, provided that such CIP members may continue to serve until their successors have been appointed but in no event for more than two additional months. (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; Ord. No. 13688, § 2, 6-8-17) • 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. (Ord. No. 12188, § 1, 2-14-02; Ord. No. 13688, § 2, 6-8-17) • 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; Ord. No. 13688, § 2, 6-8-17) • 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 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 working days; c. All complaints must be submitted within a year of the date of the incident or event, or within one year of the complainant becoming aware of the systemic problem, giving rise to the complaint. Complaints filed more than one year thereafter may, however, be accepted by the CIP only if approved by a majority vote of its members. (2) Investigation or review of CIP cases. a. Investigation of directly filed cases. Investigation of complaints directly filed with the CIP shall proceed as follows: 1. 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 48 hours permitting the prosecuting agency to obtain such a judicial order. 2. 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. 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. Investigation or review of internal affairs closed cases. The close-out reports of all investigations of police misconduct conducted by internal affairs of (3) the the city's police department shall be transmitted to the CIP within three working days of the police chiefs 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. Notice of commencement. Affected officers, and complainants shall be notified of the commencement of the CIP's investigation or review. Timeframes for investigations and reviews. The following timeframes shall govern 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 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 180 days of the investigation's commencement. b. With respect to directly filed complaints that involve potentially criminal conduct by a police officer, the following timeframes shall apply: 1. Within three working days of the filing of such complaint, the CIP shall forward the complaint to the city's police department. 2. Within three working days of the filing of such complaint, the CIP shall forward the complaint to its independent counsel. 3. The independent counsel shall, within ten 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. 4. 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 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 180 days of the investigation's commencement. c. With respect to internal affairs' closed cases, the following timeframes shall apply: 1. The executive director must decide within ten 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. 2. 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 180 days of the investigation's commencement. 3. 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 60 days of the review's commencement. d. If the CIP fails to complete its investigation or review within these timeframes, the CIP's file on the complaint shall be closed 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 60 days after receipt of the internal affairs' investigative file. (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 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 of the following findings based on the preponderance of evidence: 1. 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; 2. 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; 3. Not sustained where the investigation or review fails to disclose sufficient facts to prove or disprove the claim(s) made in the complaint; 4. Sustained where the investigation or review discloses sufficient facts to prove the claim(s) made in the complaint; 5. 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 or more complaints within the past year on a monitoring list accessible to the public. (6) Notification of results of investigation or review. At the conclusion of its investigation or review, the CIP shall forward its findings and recommendations in writing to the police chief, all affected officers, and complainants and, where appropriate, to the mayor, city manager, and/or city commission, to which the police chief must respond to the CIP in writing within 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 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 45 days prior to implementation, except if an emergency requires a more expeditious implementation. Within 30 days of 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 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 45 days, explaining why the CIP's requests or recommendations were or were not accepted. (Ord. No. 12188, § 1, 2-14-02; Ord. No. 13688, § 2, 6-8-17) • Sec. 11.5-32. - Subpoena power. (a) The CIP may subpoena witnesses and documents as part of any independent investigation, review, inquiry, audit, or public hearing it conducts, as follows: (1) A request for a subpoena must be reviewed by the CIP independent counsel; for compliance with legal requirements, including but not limited to federal and state statutes and prevailing case law, 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) 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 upon approval of a majority of its seated members. (3) However, nothing herein authorizes the CIP to issue a subpoena to a law enforcement officer(s) who is the subject of an investigation, review, inquiry, audit, or public hearing. (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; Ord. No. 13688, § 2, 6-8-17; Ord. No. 13719, § 2, 12-14-17) • 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; Ord. No. 13688, § 2, 6-8-17) • Sec. 11.5-34. - Executive director; independent counsel; assistance from city officials. (a) Executive director. (1) 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: a. Recruit, hire, supervise, terminate, and make all other employment decisions regarding investigators and administrative staff; b. 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 subsection 11.5-28(b)(3); c. Establish priorities and objectives for the CIP; d. Manage the implementation and evaluation of the CIP's functions; e. 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 f. 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. (2) The executive director's performance shall be evaluated annually by the CIP pursuant to written criteria established by the CIP. (b) Independent counsel. (1) 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 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: a. 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; b. Review CIP requests for subpoenas for compliance with legal requirements, including but not limited to federal and state statutes and prevailing case law, and the appropriateness of issuance of the subpoena; in cases that involve potentially criminal conduct by a police officer, issue written determinations 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. c. Prepare subpoenas as directed by the CIP in accordance with subsection 11.5-32. (2) The independent counsel's performance shall be evaluated annually by the CIP pursuant to written criteria established by the CIP. (c) 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. (Ord. No. 13688, § 2, 6-8-17; Ord. No. 13719, § 2, 12-14-17) Editor's note— Ord. No. 13688, § 2, adopted June 8, 2017, amended section 11.5-34 in its entirety to read as herein set out. Formerly, section 11.5-34 pertained to administrative assistance; independent counsel, and derived from Ord. No. 12188, § 1, adopted February 14, 2002. • Sec. 11.5-35. - Review and approval of annual budget. (a) The CIP shall be operated on an annual budget that shall be no less than one percent 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 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. 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. (Ord. No. 12188, § 1, 2-14-02; Ord. No. 13688, § 2, 6-8-17) • 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 posted on the city's website 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; Ord. No. 13688, § 2, 6-8-17) • 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 police chief and the mayor, to include statistics and summaries of the results of the CIP's investigations and reviews, a comparison of those results with the actions taken by the police chief, any recommendations related to changes in policies and procedures and any recommended changes to this chapter. (Ord. No. 12188, § 1, 2-14-02; Ord. No. 13688, § 2, 6-8-17)