Loading...
HomeMy WebLinkAboutMemo - Civilian Investigative PanelMAITHE GONZALEZ Chairperson civilian investigative pan& CRISTINA BEAMUD Executive Director TO: The Honorable Mayor and Members of the City Commission FROM: Cristina Beamud, Executive Director g.), DATE: July 27, 2021 SUBJECT: City of Miami Civilian Investigative Panel Proposed Budget 2021- 2022 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. CIVILIAN INVESTIGATIVE PANEL 970 S.W. 1st Street, Suite #305/ Miami, Florida 33130 (305) 960-4950 / Fax: (305) 400-5011 www.miamigov.com/cip 1 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. The Civilian Investigative Panel is located at the Artime Community Center and currently has five 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 Assistant Director v an Investigative Panel Executive Director Independent Counsel Investigator 11 CIP Analyst Administrative Aide II 1, 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 conceming but not limited to training, recruitment, and disciplinary procedures; 3 (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. Priorities for 2021-2022: 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. Given the events of 2020, the Civilian Investigative Panel is committed to working closely with the City Administration to improve relationships and ties in the community. It also plans to expand its analysis of policy and complaints in order to provide more substantive recommendations to the Chief of Police. The CIP will continue working with MPD to maintain and bolster the CIP/MPD Community Police Mediation program. This, alone, will serve to promote more understanding between the citizens of the city and members of the police department. 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 2020-2021: 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 been working with the Police Chief and the Fraternal Order of Police in order to establish a mediation program that will be acceptable to both the police and members of the community. Complaint Intake and Investigation Statistics: During the 2020 calendar year, the CIP handled 128 complaints. These 128 complaints, represented 200 allegations of misconduct, shown in the graph below.: Allegations Count Percent of total Damaged Property 26 13% Discourtesy 21 10% Excessive Force 13 7% 4 Harassment 3 2% Improper Procedure 103 51% Misconduct 21 10% Missing Property 8 4% Negligence of Duty 5 3% Total Priorities: 200 100% 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. 5