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HomeMy WebLinkAboutMemo - CIPTO: The Honorable Mayor and the City Commission PKON1- CriSt|naBeamud/Executive Director DATE: August 13,2015 Subject: City of Miami Civilian Investigative Panel 201.5-2016 Budget Proposal RECOMMENDATION OR0frINABEAMUQ Executive Director It is respectfully requested that the City Commission consider and adopt the attached budget proposal inthe amount of$717/5OOtnbapresented bvthe Civilian Investigative PBOe|/"tha<]P"\8tth8 September 2O15Budget Hear|ng(s). C|PBA[KGROUND As a result of a November 2001 referendum that was supported by over 76% of the electorate, the Civilian Investigative Panel was created in 2001 under Charter Section 51 and Chapter 11,5 of the Code ofthe City 0fMiami and Ordinance No. 1218O("theOrd|nmDne"). The referendum was |Dresponse to the demand of the citizens of Miam! for Independent civilian oversight over the sworn members of the police department by an agency ernpowered with the authority to issue and enforce subpoenas for testimony and or documents, and for such agency to be comprised of professional staff, including independent counsel, The Ordinance requires a thirteen member voluntary panel, Section 11,5-27 of the Ordinance sets forth the below listed purpose, powers and duties of the CIP-, Act as independent civilian oversight of the sworn police department; * Exorcise its powers soaatonot interfere with any ongoing (crininaUinvestigations enconduct its activities consistent with applicable law, Including the Florida Government inthe Sunshine Law and with applicable law and labor contracts; * Make written recommenclations related to the city police department policies and procedures coDoarDiOQ but not limited to training, recruitment and notification system torcorrective disciplinary procedures and provide input tothe chief ofpolice before changes inpolice * Department policies or procedures are implemented, which proposed changes shall be transmitted to the CIP 30 days prior to implementation, except if an emergency requires such change; CIVILIAN INVESTIGATIVE B7OGW1etStreet, 8ulteA06/Miami, Florida 3313O (085)A60-4Qs6/Fax: (3804O0 -6U13 wwwm|omigcw.mom/o|p Engage the services of trained investigators and secure adequate training for its members, including training in police policies and practices; ^ Conduct investigations, |DquideoaDdpVb|icheuhngs1VmakmhartU@|detenn|Oetions,fad|itate resolution and propose recornmendations to the city manager and police chief regarding allegations of misconduct byasworn officer ofthe city police department; * Request issuance of subpoenas, after consultation with the state attorney of the Eleventh Judicial Circuit and approval of CIP independent counsel for the purpose of obtaining evidence from witnesses and production ofbooks, papers, and other evidence, which subpoenas shall besigned, served and enforced pursuant to applicable law, provided that no immunity be conferred by the CIP; Enhance understanding of the process of submitting, processing and responding to citizen complaints regarding misconduct bypolice officers, public; Issue reports tothe mayor, city commission, city attorney, city manager, chief Vfpolice and the 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 police department and other relevant agencies; Promulgate rules and procedures for internal governance and standards for training of CIP members and staff, |naddition tothe foregoing, the C|P|arequired to submit annually for (the) City Commission approval g budget request pertaining to its functions to cover expenses associated with the execution of its duties. The values and benefits of police oversight in general include the protection of civil rights, greater accountability, help tomanage risk, support effective policing, build bridges and increase confidence in the police. BUDGET REQUEST The(]Prespectfu|k/oUbmKsforadopt|onbvtheChxCnmrM|ss|on,theattachedFY2O16budgetpmposal iDthe amount of$717,50U. FY 2015 Accomplishments Public Access and Participation During the last fiscal year, the Civilian Investigative Panel has conducted monthly regular meetDgS|n order to receive and consider testimony about complaints of alleged police misconduct, to address C|P administrative issues and offer opportunities for citizen input, There are two more meetings scheduled before the end ofthe fiscal year oDSeptember 30,201S. These meetings are well attended by 2 members ofthe public and provideaforUnnforthe Community tocomment on -the policies and work of the C|Pand police misconduct issues. There has been lively engagement |nthe work and judgments made bvthe C|R This |sanotable achievement, Kprovides panel members and staff with important perspective into the work they perform, The meetings also provide aforum for members nfthe Miami Police Department to educate and inform the Panel members and the public on plans, policies and procedures and new developments. For example, members ofthe Miami Police Department internal Affairs Unit and Police Chief Lianes have attended Panel meetings in order to address questions from the Panel and toclarify policies and procedures. The C/PComplaints Committee holds public meetings monthly, These meetings are attended h« complainants, witnesses, officers and concerned nlen0be[s ofthe public, This committee meets to review investigations conducted by the CIP investigators, hear testimony from the complainants, witnesses, and police officers, and make adjudication recornmenclations to the full Panel, This is designed to ensure thoroughness of the investigation and to develop thoughtful recommendations for the Panel, the Chief ofPolice and the City Manager, The[|P provides web access for general information, including applications for C|Pmembership, complaint forms, annual reports, public meeting schedules and agendas, meeting minutes, tri -lingual brochures and complaint forms, The Executive Director has spent considerable tirne rneeting with internal and external stakeholders in order tobetter understand the needs Ofthe community. The internal stakeholders include department heads, City Commissioners and the Mayor's office, The external stakeholders include the NAACP, the ACLU, PULSE, Brothers of the Same Mind, and various non-governmental organizations, Case Management The C|Popened 239cases during the completed fiscal year of2Ol3. AsofJuly 1LZD14(during fiscal year 2O1S\,the C|Phas opened 199cases, Ofthe 239cases inFY2U15,27complaints 0r1196were filed directly with the C1P. Internal Affairs forwarded the remainder ofthe cases for C|PReview or Investigation, This represents 8 1896 increase in the number ofcases opened bythe C|P and an 8096 increase (from 15to27\inthe number 0fcases that came directly from the public -to the C|Pduring FY 2013, Panel Membership The C|Pcurrently has twelve duly appointed members, There isonly one vacancy. This vacancy will be filled bvthe Chief ofPolice shortly, All members are within their six year terms, Training The ordinance requires that new members ofthe C|PoomD|eietraining in ethics, conflict ofinterest, and the Florida Sunshine Law, and shall commit to complete the Citizens Police Academy or approved training through NACOLE(National Association ofCitizens' Oversight ofLmVVEnforCenl8nt\orequivo|ant programs. The ethics training was provided by Miami Dade Ethics Commission, Additionally, -the C|Pig 91 sending three staff members and four panel mernbers to the NACOLE Annual meeting in September 2015. The program includes training on subjects such as Oversight's Role in Police Training, Legal Updates onFourth Amendment Law, Use ofForce: Development ofEffective, Constitutional Policies and Examining Contemporary Issues, 'Training represents asignificant expense, especially when there are four tOfive new members oUthe Panel, Additionally, staff members have attended the City's mandatory tro|n|DgSincluding, Diversity Training, Ethics Training, and Procurement Training, This investment ensures that staff complies with City requirements and has the necessary skills to use the programs that will make this office more efficient Fiscal Year 2O16 Goals Achieve operational Savings The Panel and staff will review and manage all processes, contracts and expenditures with the goal of minimizing costs and maintaining the highest level of service, The Panel will strive to reduce costs and provide more timely results, Provide Accountability and Transparency Last year atthis time there was abacklog of about thirty (30) cases, The staff and the Panel have worked tVeliminate the backlog and have achieved compliance with the ordinance's time standards, requiring that the case becompleted within 12Odays, Improve the Quality of Public Safety Services The ordinance authorizes the CIP to investigate and review complaints and review policies,Itmay make recommendations tothe Chief ofPolice and the City Manager, The current proposal bythe city t0hire one hundred new officers will result in more complaints and investigations. The ability and resources to conduct thorough investigations and establish good policies should improve the quality ofpublic safety services tothe citizens ofthis community, Provide Value to the City of Miami by Limiting Legal Fees Previously, the CIP contracted with Independent Counsel for $133,000,00 per year plus $7000.00 for malpractice insurance, The contract was finalized onJanuary 15,2Q14for three years, The Civilian Investigative Panel agreed to pay the former independent Counsel $140,000 over the course oftwo budget years and will hire a law firm to provide the services required bythe ordinance governing the work ofthe C|P. The City will realize savings and recuperate its payments within three years, Questions or concerns regarding information contained in this report may be directed to Cristina Beamud,Executive Director ofthe C|Pat3OG'9OO-4952,OrtokloraC|nAguirre, C|PChair at305~GlS- 58O0. 21 Citizen complaint incidents recelved between Jul 1, 2014 - Jun 30, 20 OV Class Pol I ice involved Shootings: .1 0.36% Harassment: 10 3,64% Improper Procedure: 89 32.: Discourtesy: Property: 20 7.27% of Duty: 28 10.18%