AI Summary

Whereas, The Independent Review Panel (Irp) Was Created In 1980 After Substantial Unrest In The Community; And Whereas, The Irp Is Empowered To Hold Public Hearings, Prepare Reports, And Propose Recommendations Regarding Serious Complaints Or Grievances Made Against Employees, Agencies, Or Instrumentalities Of Miami-Dade County And To Provide Such Services To Municipalities Throughout The County; And Whereas, The Irp Was Last Funded During The 2008-2009 Fiscal Year; And Whereas, In 2009, The County Commission Did Not Provide Funding For The Irp Because Of The Economic Downturn, And Funding For The Irp Has Not Been Recommenced Since; And Whereas, On November 1, 2016, This Board Adopted Resolution No. R-1075-16, Which Created The Miami-Dade County Independent Review Panel Working Group (Working Group) And Charged It With 1) Reviewing Article Ic Of The Code Of Miamidade County, Relating To The Irp; 2) Analyzing The History And Effectiveness Of The Irp; 3)Reviewing And Analyzing Similar Entities From Other Jurisdictions; 4) Obtaining Input From The Community; 5) Reviewing Relevant Literature Relating To Citizens Review Panels, Such As The Irp; And 6) Providing The Board With A List Of Recommendations For Proposed Amendments To The Irp Ordinance; And Whereas, The Working Group Presented Its Initial Report To This Board On July 6, 2017, And Its Final Report On October 17, 2017, And The Board Accepted The Working Groups Findings In Both The Initial And Final Reports; And Whereas, Thereafter, Through The Fall Of 2018, This Board Considered, But Did Not Adopt The Recommendations Made By The Working Group As Well As Statements Made At Publicly Noticed Meetings During Which Proposed Amendments To The Irp Ordinance Were Discussed; And Whereas, Since That Time, The Community Has Continued To Demand The Reinstatement Of The Irp And Has Implored This Board To Authorize An Entity That Could Provide Independent Oversight Of The Miami-Dade Police Department; And Whereas, Such An Entity Could Ensure That The Miami-Dade Police Department And Its Officers, As Well As Other Police Departments Within The County That Opt To Utilize The Panel, Would Be Accountable To The Community For Any Transgressions Or Behavior That Violate Miami-Dade County Policies And Procedures; And Whereas, Unfortunately, Since The Irp Was Defunded, The Nation Has Witnessed The Deaths Of Numerous Men, Women, And Children Of Color At The Hands Of Police Officers; And Whereas, Currently, People Across The World Are Decrying The Deaths Of And Demanding Justice For George Floyd And Breonna Taylor And Numerous Other Individuals Who Were Killed By Rogue Police Officers; And Whereas, Specifically, Protests, Marches, And, In Some Cases, Riots Have Occurred In Cities Throughout The U.s. And Worldwide; And Whereas, Irrespective Of Location And The Manner Of Expression, The Protestors Are United In The Message That Racial Discrimination Is Insidious And Repugnant And Individuals Who Display And Act On Racial Biases, Including Police Officers, Must Be Held Accountable For Their Actions; And Whereas, This Board Denounces All Forms Of Racism And Bias; And Whereas, By Reinstating Funding And Amending The Irp Ordinance, This Board Will Provide The Community With Increased Transparency As It Relates To Reported Allegations Of Police Misconduct Or Questionable Behavior Or Interactions Involving Officers From The Miami-Dade Police Department And Other Police Departments Throughout The County; And Whereas, In Response To The Communitys Demands For Further Oversight Of The Miami-Dade Police Department, This Board Wishes To Amend The Ordinance Establishing The Irp And Reinstate Funding, Be It Ordained By The Board Of County Commissioners Of Miami-Dade County, Florida Section 1. Article Ic Of Chapter 2 Of The Code Of Miami-Dade County, Florida, Is Hereby Amended To Read As Follows1 Article Ic. Independent [[Review]] >>Civilian Sec. 2-11.41. - Legislative Intent And Purpose; Liberal Construction. The Purpose Of This Article Is To Create A Mechanism For External Community Fact-Finding And Dispute Resolution. It Is The Intent Of The Board [[Of County Commissioners]] That The Impartial Review Panel Created By This Article Conduct Independent >>Investigations And>Sworn Officers Of (I) The Miami-Dade Police Department Or Any Successor Agency, Or (Ii) Any Other Law Enforcement Agency Established By The Board. Further, It Is The Intent Of The Board That, To The Extent Permitted By Law, All County Employees Shall Cooperate With Requests From And Participate In Investigations Conducted By The Independent Civilian Panel (Panel).>Hearings>Chapter>Article>Related To Matters Investigated Or Reviewed By The Panel Sec. 2-11.42. - Created, Established. There Is Hereby Created And Established An Independent [[Review]] >>Civilian>5.08(A) Sec. 2-11.43. - Composition; Appointment And Terms Of Office; Compensation; Oath; Attendance At Meetings, Vacancies. [[(A)]] >>(A) Composition.>13>,>Each County Commissioner Shall Appoint One Person To Serve On The Panel As Set Forth Below. Panel Members Should Have Diverse Backgrounds. Consideration Should Be Given To Appointing A Retired Law Enforcement Officer And Retired Member Of The Judiciary, Judge, Or Magistrate, And Retired Or Active Individuals In The Following Fields (1) Human Resources; (2) Faith-Based; (3) Social Justice; And (4) Civil Rights Law. No Panel Member Or Any Panel Members Immediate Family Shall Be A Sworn Law Enforcement Officer. (B) Appointments. (1) Nominating Committee. There Shall Be A Nominating Committee Consisting Of Nine Members To Make Recommendations To Each County Commissioner For His Or Her Appointment To The Panel. The Office Of Community Advocacy Shall Request That Each Of The Following County Advisory Boards Submit The Name Of One>Member Appointed To Each Board To Serve As A Member Of The Nominating Committee A. Asian-American>Advisory Board; B. Black Affairs Advisory Board; C. Commission For Women; D. Community Relations Board; E. Elderly Affairs Advisory Board; F. Hispanic Affairs Advisory Board; G. Interfaith Advisory Board; H. Lgbtq Advisory Board; And I. Military Affairs Advisory Board. (2) Appointment Of The Panel. After The Nominating Committee Is Empaneled, The Office Of Community Advocacy Shall Advertise The Open Panel Seats And Provide Applications Through Public Notices, Which May Be Published On Social Media, Print Media, And The Countys Website. After Considering All Applicants As Directed By The Board, The Nominating Committee Shall Provide Each County Commissioner With The Names Of No Less Than Two Applicants From His Or Her District. Each Commissioner May, But Is Not Required To, Select His Or Her Appointment To The Panel From The Applicants Submitted By The Nominating Committee. In The Event The Nominating Committee Does Not Receive Applications From At Least Two Qualified Candidates Or Upon Any Commissioners Request, The Office Of Community Advocacy Shall Readvertise The Open Seat And Repeat The Process Until The Seat Is Filled. (3) Representation On The Panel. The Panel Shall Be Limited To Two Members With The Same Or Similar Professions Or Backgrounds. During The Initial Appointment Of The Panel, If More Than Two Prospective Panel Members Have The Same Or Similar Professions Or Backgrounds, The Executive Director Of The Office Of Community Advocacy Shall Utilize A Random Selection Process To Identify Two Of The Prospective Applicants For Consideration To Be Appointed To The Panel. If Necessary, This Process Shall Be Repeated Until A Maximum Of Two Members With The Same Or Similar Professions Or Backgrounds Have Been Appointed To The Panel. (C) Terms Of Office. The Nominating Committee Shall Stagger The Terms Of Initial Panel Members As Follows (1) Five Members Shall Be Appointed To Serve For Three Years; (2) Four Members Shall Be Appointed To Serve For Two Years; And (3) Four Members Shall Be Appointed To Serve For One Year. The Nominating Committee Shall Utilize A Random Selection Process To Determine The Applicable Term For Each Commission District. Subject To The Initial Staggered Terms Above, But Notwithstanding Any Other Provision Of The Code Including, But Not Limited To, Section 2-11.38.2, Each Member Shall Serve For A Period Of Three Years. The Board May Extend This Term If Necessary To Complete Any Pending Investigations. The Initial Panel Members May Be Eligible To Serve For One Additional Term Of Three Years After Their Initial Terms Expires. [[(1) Members (A) In Order To Secure Representative Membership On The Panel, Each Of The Following Five (5) Community Groups Or Organizations Shall Submit A List Containing The Names Of Three (3) Qualified Persons The Board Of County Commissioners Shall Select One (1) Panel Member From Each Of The Five Lists (I) The Community Relations Board. (Ii) The Community Action Agency. (Iii) The Miami-Dade County League Of Women Voters. (Iv) The Miami-Dade County Bar Association. (V) The Miami-Dade County Association Of Chiefs Of Police Chiefs' Association. Each Nominee By The Miami-Dade Police Chiefs Association Shall Be An Association Member. In The Event The Panel Is Investigating An Incident Involving The Jurisdiction Employing This Appointee, The Miami-Dade County Association Of Chiefs Of Police Chiefs' Association Shall Submit The Names Of Three (3) Different Members For An Appointment As A Substitute Until The Conclusion Of The Investigation. In The Event That None Of The Three (3) Nominees Meets With County Commission Approval, The Nominating Entity Shall Submit Another And Entirely Different List For Commission Consideration. This Process Shall Continue Until A Member Has Been Appointed. (B) In Addition To The Five (5) Panel Members Selected In Accordance With The Preceding Subparagraph (A) Of Paragraph (1) Of This Subsection, Four (4) Members Shall Be Appointed By The Panel Based On Consensus Of Integrity And Community Representation, Considering Ethnocultural And Gender Balance. The Foregoing Appointments Shall Constitute The Membership Of The Panel, And Each Member Shall Serve For A Period Of Three [[(3)]] Years. The Board Of County Commissioners May Extend This Term If Necessary To Complete Any Pending Investigation(S).]] [[2]] Nonpermanent Members. In Addition To The Foregoing, Former Panel Members May Serve As Substitute Panel Members Given Advanced Notice Of Absence Of Current Members Or Vacancy Pending Appointment. >>The Selection Of Nonpermanent Members Will Be Specified In An Implementing Order Pertaining To The Panel. [[(B)]] >>(D) Compensation. >>(E) Oath.>Board [[(C)]] >>(F) Attendance At Meetings. >>(G) Vacancies. In The Event Of A Vacancy On The Panel, The Chair Of The Panel Shall Appoint At Least Five Panel Members To Serve As A Nominating Committee. The Nominating Committee Shall Advertise The Open Seat On The Panel As Provided In Subsection (B)(2) Above And Interview Candidates. Said Advertisement Shall Include The Professions Or Backgrounds Of The Existing Panel Members And Expressly Provide That No More Than Two Members With The Same Or Similar Professions Or Backgrounds May Be Appointed To The Panel. The Panel Shall Then Submit The Names Of At Least Two Applicants To The County Commissioner Who Appoints The Open Seat For Selection And Appointment To The Panel. * * * Sec. 2-11.45. - Authority And Powers Generally. (A) >>The Panels Authority And Powers Shall Relate To Matters Involving Sworn Officers Of (I) The Miami-Dade Police Department Or Any Successor Agency Or (Ii) Any Other Law Enforcement Agency Established By The Board. (B) The Panel Shall Have The Authority To Investigate Or Review The Following Matters (1) Allegations Of Misconduct; (2) Use Of Force Incidents Resulting In Death, Permanent Disability, Permanent Disfigurement, Or Other Great Bodily Harm To A Person; (3) All Files That Have Been Closed By The Miami-Dade Police Department, Professional Compliance Bureau, Internal Affairs Section Or Any Successor Entity. The Miami-Dade Police Department Shall Transmit Such Files To The Panel Within Three Days Of The Date The Miami-Dade Police Department Director Signs The File; (4) Upon Request For Inspection And Copying, All Documents And Records In Any Medium Supporting Or Relating To A Closed Investigation Conducted By The Professional Compliance Bureau, Internal Affairs Section Or Any Successor Entity; And (5) Other Matters Relating To Policing. (C) The Panel Shall Have The Authority To Make Recommendations Regarding Current And Proposed Police Department Policies, Procedures, And Practices On Matters Including, But Not Limited To Training, Recruitment, And Disciplinary Procedures. (D)>Conduct Alternative>Dispute Resolution, >>(E)>,>Chapter>Article>For Matters Related To Those Investigated Or Reviewed By The Panel. (F)>Sufficient Merit Has Been Established For>Or Investigative [[(B)]] >>(G)>, [[(C)]] >>(H)>,>Chapter [[(D) The Panel May Enter And Inspect Any Premises Under The Jurisdiction Or Control Of Miami-Dade County Or Any Of Its Agencies Or Instrumentalities. (E)]] >>(I)>, To The Extent Permitted By Applicable Law [[(F)]] >>(J)>, In Whole Or Part,>, [[(G)]] >>(K)>The Panels>, [[(H)]] >>(L)>, Miami-Dade County Commission On Ethics And Public Trust, Miami-Dade County Office Of Inspector General, Miami-Dade Police Department, Or Any State Or Federal Agency That Has Jurisdiction Over Matters Investigated By The Panel, When The Panel Is Expressly Notified>By Representatives From Said Entities That The Panels Investigation May Interfere With An Investigation. (M) Upon A Majority Vote, The Panel Shall Have The Authority To Request The Issuance Of Subpoenas For Witnesses, Documents, And Other Potential Evidence For All Matters Within Its Jurisdiction, Except As May Be Prohibited By Applicable Law Or If Notified By Representatives Identified In Subsection (L) Above That The Panels Investigation Would Be Interfering In An Investigation. Said Subpoenas Shall Be Signed, Served, And Enforced Pursuant To Applicable Law. Ten Days Prior To The Issuance Of Any Subpoena, The Executive Director Shall Notify The State Attorney, Miami-Dade County Commission On Ethics And Public Trust, Miami-Dade County Office Of Inspector General, Or Miami-Dade Police Department Of The Panels Intention To Issue The Subpoena. (N) The Panel Shall Establish Bylaws Or Procedures Or Both For Its Governance And Training Standards For Panel Members And Staff. (O) The Panel Shall Establish Evaluation Criteria To Assess The Executive Directors Performance. (P) The Panels Executive Director Shall Ensure Staff And Panel Members Receive (I) Ethics Training From The Miami-Dade County Commission On Ethics And Public Trust, And (Ii) Police-Based Perception Training Or Other Civilian Police Training That Simulates Police Encounters, And (Iii) Training On Police Policies, Procedures, And Practices From The Miami-Dade Police Department Or Another Entity That Trains Civilian Panels That Provide Oversight To Law Enforcement Agencies. Panel Members Shall Receive All Required Training Prior To Investigating Or Reviewing Any Matter. Sec. 2-11.46. - Panel Proceedings. >>The Panel>The Executive Director (1) To Consider The Countys Complaint Review Processes And Investigatory Activities Designed To Serve The Public; And (2) To Consider Whether >>Sufficient Merit Has Been Established For>Warrant Investigation Or Full [[Panel]] >>Panel * * * Sec. 2-11.48. - Final Reports On Matters Reviewed; Referral For Further Proceedings. The Panel Shall Publish A Final Report With Regard To Each Matter >>Investigated Or>Mayor Or County Mayors Designee,>Miami-Dade Police Department Or Any Successor Agency. Within 45 Days Of Receipt Of The Panels Final Report, The County Mayor Or County Mayors Designee Shall Transmit A Report To The Board And The Panel, Which Shall Provide All Actions Taken In Response To The Panels Final Report And Any Related Recommendations. The County Mayor Or County Mayors Designee Shall Place Such Report On An Agenda Of The Board Pursuant To Ordinance No. 14-65.>, * * * Sec. 2-11.51. Physical Facilities And Staff. (A) Office Space, Etc.; Auditorium. The County Shall Provide The Panel With Appropriately Located Office Space And Auditorium Facilities Together With Necessary Office Supplies, Equipment>>, (B) Executive Director. [[The Board Of County Commissioners Shall Appoint An Executive Director]] >>Subject To Approval By The Board, The Panel Shall Appoint A Full-Time Independent Executive Director, Who Shall Be Employed At Will And Under The Supervision And Direction Of The Panel. The Executive Director Shall Have An Educational Background Or Professional Work Experience In Fields Including, But Not Limited To Social Work, Social Justice, Civil Rights, And Criminal Justice. The Panel Shall Have The Authority To Remove The Executive Director, Subject To Approval From The Board.>An Open>Board>The Salary And Benefits>The Executive Directors Salary And Benefits Shall Be Consistent With Policies And Salary Ranges Established By Miami-Dade County Human Resources Department, Or Its Successor Department. (C) Staff. The Executive Director May Hire >>, Terminate,>At A Minimum, Subject To Budget Allocations By The Board, Staff Shall Consist Of The Following Positions (1) Senior Investigator/Mediator. (2)>Other Investigative Personnel. (3) Office Administrator. (4) Policy Analyst. (D) Legal Counsel. The County Attorney Shall Provide The Panel With Necessary Legal Counsel. (E) Research >>Personnel>, And Outside Counsel>Personnel>, And Outside Counsel Sec. [[2-11.51]] >>2-11.52. At The Request Of Any Municipality, On A Case-By-Case Basis Or For A Time Certain, The Panel May Assume Jurisdiction To Consider >>All Matters Authorized Herein On Behalf Of Said Municipality>Sworn Police Officers The Municipality Employs.>Sworn Officers Of (I) The Miami-Dade Police Department Or Any Successor Agency, Or (Ii) Any Other Law Enforcement Agency Established By The Board, As Applicable,>, Municipal Employees,>Sworn>Police Section 2. This Board Directs The County Mayor Or County Mayors Designee To Identify A Funding Source For The Operation Of The Independent Civilian Panel, Established By Article Ic Of Chapter 2 Of The Code Of Miami-Dade County, As May Be Amended From Time To Time, During The Current Fiscal Year, To Include Such Funding In The Fiscal Year 2020-21 Budget And Future Annual Budgets. Section 3. If Any Section, Subsection, Sentence, Clause Or Provision Of This Ordinance Is Held Invalid, The Remainder Of This Ordinance Shall Not Be Affected By Such Invalidity. Section 4. It Is The Intention Of The Board Of County Commissioners, And It Is Hereby Ordained That The Provisions Of This Ordinance, Including Any Sunset Provision, Shall Become And Be Made A Part Of The Code Of Miami-Dade County, Florida. The Sections Of This Ordinance May Be Renumbered Or Relettered To Accomplish Such Intention, And The Word Ordinance May Be Changed To Section, Article, Or Other Appropriate Word. Section 5. This Ordinance Shall Become Effective Ten (10) Days After The Date Of Enactment Unless Vetoed By The Mayor, And If Vetoed, Shall Become Effective Only Upon An Override By This Board. 1 Words Stricken Through And/Or [[Double Bracketed]] Shall Be Deleted. Words Underscored And/Or >>Double Arrowed

• 7/21/2020: Veto Sustained (Action By: Board Of County Commissioners)

• 7/17/2020: Vetoed (Action By: Mayor)

• 7/17/2020: Assigned (Action By: County Attorney)

• 7/8/2020: Adopted As Amended (Action By: Board Of County Commissioners)