HomeMy WebLinkAboutCIP CCMemo 2014-10-09CITY OF MIAMI
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members Date: September 23, 2014
of the City Commission
Subject: Civilian Investigative Panel
From: Todd B. Hannon References: Agenda for October 9, 2014
City Clerk
Enclosures: List of members, Memo and
Resumes
The Civilian Investigative Panel (CIP) was established to: (1) act as independent civilian oversight
of the sworn Police Department; (2) exercise its powers so as to not interfere with any ongoing
investigations and conduct its activities consistent with applicable law, including the Florida
Government in the Sunshine Law and with applicable law and labor contracts; (3) make written
recommendations related to the Miami Police Department policies and procedures concerning but not
limited to training, recruitment and notification system for corrective disciplinary procedures and
provide input to the Chief of Police before changes in police department policy or procedure are
implemented, which proposed changes shall be transmitted to the CIP 30 days prior to implementation
except if an emergency requires such change; (4) engage the services of trained investigators and
secure adequate training for its members, including training in police policies and practices; (5)
conduct investigations, inquiries and public hearings to make factual determinations, facilitate
resolution and propose recommendations to the City Manager and Police Chief regarding allegations
of misconduct by any sworn officer of the City of Miami Police Department; (6) request issuance of
subpoenas, after consultation with the State Attorney of the Eleventh Judicial Circuit, (Miami -Dade
County) and approval of CIP Independent Counsel, 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;
(7) enhance understanding of the process of submitting, processing and responding to citizen
complaints regarding misconduct by police officers; (8) issue reports to the Mayor, City Commission,
City Attorney, City Manager, Chief of Police and the public; (9) make recommendations as to the
disposition of alleged incidents of police misconduct, to which the Police Chief is required to respond
in writing within thirty (30) days; (10) forward complaints alleging criminal activity to the City of
Miami Police Department and other relevant agencies; (11) promulgate rules and procedures for
internal governance and standards for training of CIP members and staff.
As per ordinance 13186 (Sec 11.5-28), effective July 24, 2010, the CIP shall consist of 13 members
who shall reflect the racial, gender, ethnic, religious, linguistic, sexual orientation and cultural
diversity of the City of Miami. The membership shall include at least two members from each of the
five City of Miami commission districts who permanently reside in, own real property in, or work or
maintain a business in, each of those districts. The City commissioners shall select ten (10)
members and the mayor shall recommend two (2) members from the names submitted by the
CIP nominating committee and the Chief of police of the city shall appoint one (1) member.
Pursuant to Sec. 11.5-28(2) No CIP member shall serve more than six consecutive years on the
CIP. Members shall continue to serve until their successors have been appointed and qualified.
The CIP has nominated the following individuals for consideration and confirmation by the
Commission. Vacancies (other than the position to be filled by the Police Chief) in the membership
of the CIP shall be filled by the Mayor and Commissioners exclusively from names submitted to it by
the CIP.
1. Daniel Suarez, District 3, incumbent, whose term expires on October 13, 2014.*
2. Ducosse Delva, District 5, incumbent, whose term expired on June 9, 2014, is a full-time
employee of Miami -Dade County Public Schools and a City resident, and will require a waiver
of employment restriction of Section 2-884(e) by a 4/5ths affirmative vote of the
Commission.
The following seat requires an attendance waiver:
1. William Alvarez, incumbent, whose term expires on January 31, 2015, has exceeded the
number of allowed absences (4 in 2014) and the number of allowed consecutive absences (3 in
2014 and 3 in 2013), and would require a 4/5ths waiver of attendance.*
For your convenience, we have included a copy of the current membership list of the CIP. By copy of
this memorandum, we are requesting that the Agenda Office place this issue on the October 9, 2014,
Commission agenda.
TBH:ne
c: Barnaby L. Min, Deputy City Attorney
Cristina Beamud, Executive Director
Charles C. Mays, Independent Counsel
Manuel Orosa, Chief of Police
Julia D. Hernandez, Agenda Coordinator
. This item was continued from September 11, 2014, Commission meeting.
t This item was continued from June 12, 2014, July 10, 2014, and September 11, 2014, Commission meetings.
I This item was continued from April 10, 2014, May 8, 2014, June 12, 2014, July 10, 2014, and September 11, 2014, Commission
meetings.