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HomeMy WebLinkAboutBack-Up Documentscity of mlami IML EILEEN DAMASO Chairperson ( Vill -in investigative panel CRISTINA BEAMUD Executive Director TO: The Honorable Mayor and Members of the City Commission FROM: Cristina Beamud, Executive Director DATE: August 13, 2018 SUBJECT: City of Miami Civilian Investigative Panel Proposed Budget 2018- 2019 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 in order to confirm the Panel's ability to investigate and review policies and practices of the Miami Police CIVILIAN INVESTIGATIVE PANEL 970 S.W. 1st Street, Suite #305/ Miami, Florida 33130 (305) 960-4956 / Fax: (305) 400-5013 www.miamigov.com/cip Department. 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 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 concerning but not limited to training, recruitment, and disciplinary procedures; (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. 3 Priorities for 2018-2019: 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. The staff will also continue to support the Community Advisory Board. The Community Advisory Board was organized and authorized in order to comply with the United States Department of Justice agreement with the Miami Police Department. They meet monthly to provide feedback to the Miami Police Department and the Independent Reviewer. The Civilian Investigative Panel is currently seeking to hire a new Senior Policy Analyst in order to expand its capabilities regarding policy to the Miami Police Department. This person will be adept at maintaining and interpreting data in order to lend support to any recommendations made. The data maintained is related to complaint investigations and provides a deep foundation of community concerns that can be utilized and analyzed to provide valuable and quantifiable feedback. 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 2017-2018: Nominations: The Civilian Investigative Panel is required by Article Il, Section 11.5-28 to appoint a nominating committee to solicit and screen applications for vacancies. They interview candidates and select nominees which then require approval by vote of the entire Panel. The nominations then must be approved by a vote of the City Commission. The members are term limited to 6 years (2 three year terms). During 2017-2018 fiscal year, there were five candidates that required re -appointment for their second term and five vacancies created by either term limits or resignation. In November and December of 2017, the Nominating Committee met, screened and interviewed 16 candidates. All of the nominations were appointed by the City commission in January 2018. This is the first time in many years that the CIP has 13 appointments who meet all of the qualifications and are not serving beyond the allowable number of years. 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 also partnered with the Miami Police Department to provide a forum to discuss the implementation of body cameras. The website is now up to date and includes all of the cases considered and adjudicated by the CIP. We strive to assist in the provision of first class public safety services, foster a sense of safety in Miami's communities and promote the health and well-being of city residents. Complaint Intake and Investigation Statistics: During the 2017 calendar year, the CIP handled 277 complaints. Of these 277 complaints, 48 were directly filed with the CIP and 2 were self -initiated by the Panel in response to incidents that were reported in the media. The following is a breakdown by classification of the complaint: Classification Count Percent of total Abusive Treatment 28 10% Bias Based Profiling 5 2% Discourtesy 66 24% Harassment 5 2% Improper Procedure 112 40% Misconduct 29 10% Missing or Damaged Property 11 4% Negligence of Duty 19 7% Police Involved Shooting 2 1 % Total 277 Complaint Classifications 2017 Police Involved Shooting Negligence of Duty Missing or Damaged Property Misconduct Improper Procedure Harassment Discourtesy Bias Based Profiling Abusive Treatment 0 20 40 60 80 100 120 Complaints by District District 1 27 10% District 2 81 29% District 3 31 11% District 4 17 6% District 5 105 38% No Address Provided 6 2% Out of Jurisdiction 10 4% Total 277 2 Complaints By District 2017 Out of Jurisdiction M No Address Provided M District 5 District 4 - District 3 - District 2 District 1 - 0 20 40 60 80 100 120 Departmental Budget Highlights for FY 2018-2019 The current budget has been set by ordinance. It includes an additional position of Senior Policy Analyst. This will allow the CIP to propose more robust and detailed policy recommendations. This process was begun in FY 2017-2018 and was delayed by negotiations with labor organizations. Priorities: 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.