HomeMy WebLinkAboutO-13688opCity of Miami
1 i.RR cl
Legislation
�a�lldl 1 l +
try Ordinance 13688
File Number: 1832
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/8/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
11.5/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND
REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL", MORE
PARTICULARLY BY AMENDING SECTION 11.5-27, ENTITLED "PURPOSES,
POWERS AND DUTIES", TO PROVIDE FOR ADDITIONAL AUTHORITY;
AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF
MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE
CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL ("CIP") NOMINATING
COMMITTEE", TO PROVIDE FOR REVISED QUALIFICATIONS, APPOINTMENT,
AND NOMINATIONS OF MEMBERS; AMENDING SECTION 11.5-31, ENTITLED
"PROCEDURES", TO PROVIDE FOR PROCEDURES FOR THE
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; AMENDING
SECTION 11.5-32, ENTITLED "SUBPOENA POWERS", TO PROVIDE FOR THE
REVISED PROCESS IN ISSUING SUBPOENAS; AMENDING SECTION 11.5-34,
ENTITLED "ADMINISTRATIVE ASSISTANCE; INDEPENDENT COUNSEL", TO
PROVIDE FOR THE SELECTION AND DUTIES OF THE EXECUTIVE
DIRECTOR, INDEPENDENT COUNSEL, AND ASSISTANCE FROM CITY
OFFICIALS; AMENDING SECTION 11.5-35, ENTITLED "REVIEW AND
APPROVAL OF ANNUAL BUDGET", TO PROVIDE FOR AN ANNUAL BUDGET
NO LESS THAN ONE PERCENT (1 %) OF THE APPROVED PERSONNEL
BUDGET OF THE MIAMI POLICE DEPARTMENT WITH EXCEPTIONS AND
BUDGET REQUEST REQUIREMENTS; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, seventy-three percent (73%) of the electorate of the City of Miami ("City")
approved the creation of the Civilian Investigative Panel ("CIP") by a referendum vote in 2001;
and
WHEREAS, the City Commission adopted Ordinance No. 12188 on February 14, 2002
establishing the CIP with the objective of providing the City with independent and impartial
oversight of the Miami Police Department ("MPD"); and
WHEREAS, pursuant to Resolution No. 14-0196 adopted on May 8, 2014, an
Independent Review Committee appointed by the City Commission issued a report on
September 11, 2014, which made various findings and recommendations, including that
Chapter 11.5 of the Code of the City of Miami, Florida, as amended ("City Code"), undergo
major revisions and that a committee be formed, involving stakeholders, in order to recommend
said revisions to the City Commission; and
WHEREAS, pursuant to Resolution No. 15-0116 adopted on March 12, 2015, the City
Commission established the City's Charter Review and Reform Committee ("Committee"),
City of Miami Page 1 of 16 File ID: 1832 (Revision: 8) Printed On: 10/6/2017
File ID: 1832
Enactment Number: 13688
which met fifteen (15) times in order to propose revisions to the Charter of the City of Miami,
Florida ("Charter"); and
WHEREAS, the Committee made seventeen (17) recommendations regarding changes
to the Charter including changes to the section regarding the CIP; and
WHEREAS, the City Commission approved the proposed amendment to the Charter
regarding the CIP for placement on the November 2016 ballot; and
WHEREAS, the CIP Charter amendments were designed to promote independence,
transparency, and accountability and were approved by a referendum vote of seventy-eight
percent (78%) of the electorate; and
WHEREAS, proposed revisions to the City Code are necessary to make the current
ordinance comply with the Charter as recently amended and to address the findings and
recommendations of the Independent Review Committee;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 11.5/Article II of the City Code is further amended in the following
particulars:'
"CHAPTER 11.5
CIVILIAN COMPLAINT INVESTIGATION AND REVIEW
ARTICLE II
THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL
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 eRgGi+ -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 law and labor contracts;
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832
Enactment Number: 13688
{4}LL Engage the services of trained investigators and secure adequate training for its
members, including training in police policies and practices;
{5}LL 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
Gity manager Anal police chief, City Manager, or, where appropriate, other City officials
regarding allegatinnc of micnnnrli v++ her anv GWG-.Fn nffir ter of the pity nnliGe depaF+mon+:
(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.
Clogon+h li ldinial Girri ii+ , (Miami_DaGle GG Rty) and appreyal of GID independent
r+ni mcol , i fnr the n,rpese of ebtaininn ovideapr ea fromyAtpoccoc and nrndi lGtinn of
becks, papers, aRGtheF e'/idemnce WhiGh G6lupveAuGae�Red, SterVed aAd
�12-11
q4LQ Cnh�'nr"ce Promote community understanding and utilization of the process af-by which
complaints are a ihmi++inn nrnnoccinn anrl roc nnnrlinn +n ni+iron r+mmplain+c ronarrlinn
micnnnrli ir++ by r,nliGe nffir+ors submitted and reviewed or investigated by the CIP and/or
the City's Police Department;
Forward complaints alleging criminal activity to the city's police department apA-^ref
roleya Rt ageRGies;
0
(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;
City of Miami Page 3 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832
Enactment Number: 13688
(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;
4�4(10) Premulgate Establish, in collaboration with the Executive Director, written rules and
standard operating procedures for internal governance and standards for training ef-for
CIP members and staff -.Land
(11) Evaluate the performance of the Executive Director and of the Independent Counsel
annually pursuant to written criteria established by the CIP.
Sec. 11.5-28. Membership; qualifications; nomination of members; nominating committee;
appointment and filling vacancies; terms of office Anrl „a`+an^ioc; nnnnin+mon+ of +ho CID
nnmin�4inn ^nmmi4400
¢a4LLMembership. The CIP shall consist of thirteen 131 members who shall should reflect
the raGial, geRder, et i^ reA9;e616IRgHiSt+s, sex ial eTentatien diversity of
the city. The momhorship shall in^L irlo a4 loac4 bye mombeN from oa^h of the fide G#
rnmmiccinn rlostri^4c whe permanently FeSide in0 GWR real nrnnor4y in nr ninrL nr
0
ThT#e-CTP These thirteen (13) members shall be selected, approved, and appointed as
follows:
{4}Lg� The city commissioners shall Geleet-approve the appointment of ten
members from th�ameTa pool of nominees selected and submitted by the
CIP nnmORatinn ^nmmi#ee;. These ten (10) members shall include at least two
(2) members from each of the five (5) City Commission districts who
Permanently reside in, own real property in, or work or maintain a business in
that City Commission district.
R4L!?j The mayor shall recommend two members from thTa pool of
nominees selected and submitted by the CIP nnr IORatinn ^nmrni++oo fpr
for approval and appointment by the city commission. These
two (2) members shall permanently reside in, own real property in, or work or
maintain a business in the City;
{-2}L!�j The chief of police Chief ef the Gity shall appoint one member, who shall
serve at the will of the ^h�„e of olice Chief.
City of Miami Page 4 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832 Enactment Number: 13688
{d}� Qualifications for members of the C/P.
{4}Lg� 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 s-h+ef efpolice Chief, and shall have good reputations for
integrity and community service and shall have no record of a felony
conviction.
q4LI21 No appointee to the CIP, nor any member of the appointee's immediate
family, except for the appointee of the chief of police Chief, shall be currently
employed by the city nor be a sworn former employee of the city's police
department. No appGiRtee rna y be 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 (2) years from the conclusion of such
litigation, including any appeals. The filing of a GGFFlplai-legal claim or lawsuit
against the city alleging liability of the city through actions of any police or
other sworn or enforcement personnel shall any
appe+Rtee- person from serving on the CIP. ARy appeiRtee who has boor the
-81 IFlg E)R the GID fE)F +\I a yeaF C ftem the GE)RGII IG OGR Gf CI Gh litiga+I/1N
k24LgI Upon assuming t#e-their duties, of GID mombeFs4 + all members of the CIP
shall complete training in ethics, conflicts of interest, and the Florida Sunshine
Law e 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 (1) year prior to appointment to the CIP.
City of Miami Page 5 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832
iippp
. . - - - -
Enactment Number: 13688
(3) Nomination of members to fill vacancies.
(a) The CIP shall appoint a CIP nominatina 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 CIP
pursuant to Section 11.5-28(1) of the City Code.
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.
(4) Appointment of the CIP nominating committee.
(a) The CIP nominating committee shall be composed of five (5) members of the
CIP. with one (1) member representina each of the five (5) Citv Commission
districts. except as set forth in subsection (b)(i) below. The nominatin
committee shall be appointed annually by the Chairperson, subject to approval
by a majority vote of the CIP, to serve a one (1) year term, which term may be
extended if necessary to permit completion of the process described in
subsection (3)(b) with respect to a given set of vacancies.
b) The CIP nominatina committee shall reflect the diversitv of the Cit
(i) In the event the CIP does not include at least one (1) member
representing each of the five (5) 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 unrearesented 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,
aoalications may be submitted by community based. civic. and social
service groups, leaques, and organizations.
(ii) When the composition of the CIP includes at least two (2) members
from each of the five (5) City Commission districts, any member of
the nominating committee who is serving pursuant to subsection
(b)(i) shall be replaced by a CIP member representing the same City
Commission district.
(c) No CIP member shall serve on more than two (2) consecutive nominating
committees.
City of Miami Page 6 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832
Enactment Number: 13688
.............
- - - - ------------------
MI NOM -1-
-1211 Hill g.
..AMA. .
{e4LQ {Appointment and filling vacancies by majority vote.] The city commission shall approve
and make all appointments _11 members of to fill any vacancies on the CIP (except the
appointee of the eh+ef efpolice chief) by majority vote exclusively from the nominations
submitted to it by the nnmin4inn nnmmi44ee CIP.
from S& hmi44er! 4n it by the (`ID
04LQ Terms of office. The terms of office of the members of the CIP appointed by the city
commission shall be for three JaLyears. The terms of the momhorc appeiRted by the Gity
GGMMiccieR and shall be unaffected by the terms of the mayor and city commissioners.
No CIP members shall GeRtiFlue te serve more than two (2) consecutive three (3) year
terms, provided that such CIP members may continue to serve until their successors
have been appointed and qualified. Te effectthe tFaRSitiGR of the exst+agFnembehQf
the GIP, as effeEtive date of QFd. nye 13186, the FI at+FFg-settee-Cha�f
member shall seFve but in no event for more than SOX GGRseG Live „ears erg the Cao two
(2) additional months.
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.
City of Miami Page 7 of 16 File ID: 1832 (Revision: B) Printed on: 101612017
File ID: 1832 Enactment Number: 13688
Sec. 11.5-30. Meetings, quorum and voting; attendance requirements; parliamentary
procedures and rules of procedure; recordation.
(a4LL 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 54 fifty-one
percent5( 1 %) 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.
(b4LQ Attendance requirements. The provisions set forth in section 2-886 of this Code
shall apply to all members of the CIP.
(s-}jaj 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.
04(4) 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.
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 ofop lice misconduct, police
uses of force, or other matters pertaining to repeated issues of police misconduct may
be s bmi++orl +n 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 2Lworking days;
(c) All complaints must be submitted within a year of the date of the incident or event,
or within one (1) year of the complainant becoming aware of the systemic problem,
giving rise to the complaint. Complaints filed after =more than one yearef the
alleged miSGGFIdHGt thereafter may, however, be rovd-accepted by the CIP
only if approved by a majority vote of its members;_
date of the pity Ghar4or ameRdmeRt PFE)VidiR r fGr thiG nhap4or
(2) Investigation or review of CIP cases. The review „r iRvestigatien Of GOmplaints shall
PFGGeed as cot fe Fth horoiR
(a) Investigation of directly filed cases. Investigation of complaints related +„ PGliGe
mi6GE)FI li lGt Fe Geiyed b directly filed with the CIP. The GID may PFGGeed with aR
with aR OFIVestigatiO 1 may be nhallenged by aRy age FIGy engaged OR 661
City of Miami Page 8 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832
Enactment Number: 13688
0Ryestigat'!Gn nr PFGSeni ltinn by seekiRg ii ldinial errlor nr eq lity in 7 nni A of
shall proceed as follows:
(i) 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 forty-eight (48) hours permitting the
prosecuting agency to obtain such a judicial order.
(ii) 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.
Aterpal affairs repeFt prepared fnr Chief of Dnlino shall he transmitted 4n the
r r-arrair yr r ar �vr
(`ID within throo wArkiRg days;
(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.
e
c) Investiaation or review of Internal affairs closed cases. The close-out reaorts of all
investigations of police misconduct conducted by Internal Affairs of the City's
Police Department shall be transmitted to the CIP within three (3) working days of
the Police Chief's 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
City of Miami Page 9 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832
Enactment Number: 13688
review of the Internal Affairs' file, in accordance with the time frames specified in
subsection (3) below.
e+� a ted sHh-sertien ^tee;
Notice of commencement. Affected officers; and complainants, to the exteR+
permitted by law, shall ronoiVe nnnioc of GID ronnrFS 4n the nnliGe depaF4mon4 and
be notified of the commencement of the CIP's roni jests for inform +inn
investigation or review.
3) Timeframes for investiaations and reviews. The followina timeframes shall aovern the
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 (10) 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 one hundred eighty (180) days of the investigation's
commencement.
b) With respect to directiv filed complaints that involve potentially criminal conduct b
a police officer, the following timeframes shall apply:
(i) Within three (3) working days of the filing of such complaint, the CIP shall
forward the complaint to the City's Police Department.
(ii) Within three (3) working days of the filing of such complaint, the CIP shall
forward the complaint to its Independent Counsel.
(iii) The Independent Counsel shall, within ten (10) 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.
(iv) 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 (7) 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 one hundred eighty (180)
days of the investigation's commencement.
(c) With respect to Internal Affairs' closed cases, the following timeframes shall apply:
(i) The Executive Director must decide within ten (10) 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.
(ii) 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 one
hundred eighty (180) days of the investigation's commencement.
City of Miami Page 10 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832
Enactment Number: 13688
(iii) 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 sixty (60) days of the review's
commencement.
(d) If the CIP fails to ast complete its investigation or review within tie these
timeframes, the CIP's file on neriGGIG Spe`+ifierl in ci 1hceGtinn (3) heroin heIG)W the
complaint #+le 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 sixty (60)
days after receipt of the Internal Affairs' investigative file.
4) Standards for CIP consideration of completed investiaation 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 (1) of the following findings based on the preponderance of evidence:
(i) 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;
(ii) Exonerated where the act or acts that provide the basis for the complaint
occurred. but the investiaation or review shows that such acts were aroaer:
(iii) Not sustained where the investigation or review fails to disclose sufficient facts
to prove or disprove the claim(s) made in the complaint;
(iv) Sustained where the investigation or review discloses sufficient facts to prove
the claim(s) made in the complaint;
(v) No finding where the Executive Director recommends summary disposition of
the complaint for such reasons as the complainant failed to produce
City of Miami Page 11 of 16 File ID: 1832 (Revision: B) Printed on: 101612017
File ID: 1832
Enactment Number: 13688
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 (3) or more complaints within
the past year on a monitoring list accessible to the public.
(9}(6) Notification of results of investigation or review. At the conclusion of its
investigation or review, the CIP shall forward its findings and r-epd-sieps
+n the nhiof Af recommendations in writing to the police Chief, aA4 gall affected
officers,. and, +„ the eXteR+ PeRnitted by law, +„ the complainants and, where
appropriate, to the Mayor, City Manager, and/or City Commission, to which a
tiMely WFitteR Fe6Pv^rSt-Q chill ho ronoi"orl from +ho nhiof of pelino the Police Chief
must respond to the CIP in writing within forty-five(45) days, explaininq why
the CIP's recommendations were or were not accepted.
(7) Review of police policies, procedures, and practices.
a) The CIP may. at anv 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 forty-five (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 forty-five (45) days prior to implementation, except if an
emergency requires a more expeditious implementation. Within thirty (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 forty-five (45) days, explaining why the CIP's
recommendations were or were not acceated.
8) Issuance of reports. The CIP may. when appropriate. issue reports. which mav 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 forty-five (45) days,
explaining why the CIP's requests or recommendations were or were not accepted.
Sec. 11.5-32. Subpoena power.
{a3LL The CIP may subpoena witnesses and documents when GeRd GtiRg ,R as part of any
independent investigation, of allegatiORS Of r,r,liGe FFliGGE)F1d Gt review, inquiry, audit, or
public hearing it conducts, as follows:
-(4-)Lga A request for a subpoena must be preseRted to and reviewed by the CIP
independent counsel; for compliance with legal requirements and the
aDDrogriateness 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
City of Miami Page 12 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832
Enactment Number: 13688
whether the issuance of the subpoena will interfere with any pending criminal
investigation or prosecution.
tic4�4o �44nrno"�c nffino•
vci state -a G)FRey'S G)#iGe;
34L!?l if appFeyed by the GID iRdepeRdeRt GE) 1RSel 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 with aA
affirmatoye vete of se". upon approval of a majority of its seated members.
{b4LQ 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.
Sec. 11.5-33. Procedures related to city employees and witnesses.
(a4LL 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.
(b4LQ 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.
kG4LL 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.
04LL 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.
{e4LQ Policies and procedures shall be established to ensure compliance with Chapters 112
and 119 of the Florida Statutes and any other applicable laws.
Sec. 11.5-34. AdFniFlistFatil Executive Director; Independent Counsel; assistance from City
officialSoRdepeR eRt GG Rsel
City of Miami Page 13 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832 Enactment Number: 13688
(1) Executive Director.
(a) 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:
(i) recruit, hire, supervise, terminate, and make all other employment decisions
regarding investigators and administrative staff;
(ii) 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 Section 11.5-28(2)(c);
(iii) establish priorities and objectives for the CIP;
(iv) manaae the implementation and evaluation of the CIP's functions:
(v) 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
NO 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.
b) The Executive Director's performance shall be evaluated annuallv by the CIP pursuant
to written criteria established by the CIP.
(2) Independent Counsel.
(a) 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 (7) vears 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:
(i) 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;
(ii) Review CIP requests for subpoenas for compliance with legal requirements
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 investiaation or Drosecution: and advise the CIP of the results of such
review and consultation
(iii) Prepare subpoenas as directed by the CIP in accordance with Section 11.5-
32(2).
(b) The Independent Counsel's performance shall be evaluated annually by the CIP
pursuant to written criteria established by the CIP.
3) Assistance from Citv officials. When reauested by the CIP. the Citv Manaaer. Citv Attorne
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 Drocedural laws and reaulations related to Dublic records. the
Sunshine Law, and any other requirements
Sec. 11.5-35. Review and approval of annual budget.
City of Miami Page 14 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832 Enactment Number: 13688
�a4LL F_=fft_Qr__t0,.4t_Q immediately, the GIP Gh;_311 fisGal year that with that A
toe-n'�The CIP shall be operated on an annual budget that shall be no less than one
percent (1 %) 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 pertaining +n its fi ing+innc 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.
GGVer eXpe RS86 inns erred by the GID d firing the evens i4inn of i4c rli ,4iec to the gigs
rnmmiccinn fel: its re'iie�ei and gnncirleratinn in Oho arms gal hi ldget of the G 4� 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}LQ 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.
(s-}J�j 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.
rl�nn�n�i �C Af. r1ireGtGF'6 PInYmeRTshall be s lh eGt 4n appFeyal by the pity
�mrrmmTrv�. n The d-oregtnr shall to Le an oath hefnre entering i,nnn an i d6ltiec
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 plaged in newspapers of general girgi dating 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.
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 chief of police Chief and the mayor, to include statistics and summaries of
gitizeR ggmr,lairA the results of the CIP's investigations and reviews, a comparison of the GIP's
fiRdiRgs aril GORGIi sie those results with the actions taken by the chief-ef police Chief, any
recommendations related to changes in policies and procedures and any recommended
changes to this chapter.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.z
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
City of Miami Page 15 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017
File ID: 1832
APPROVED AS TO FORM AND CORRECTNESS:
1
orla endez, City Attorney) 8/1/2017
Enactment Number: 13688
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 16 of 16 File ID: 1832 (Revision: B) Printed on: 10/6/2017