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Frequently Asked Questions (FAQs)
Civilian Investigative Panel
1. What is the purpose of the Civilian Investigative Panel?
Everyone in this richly diverse city – residents, elected officials and police officers alike – appreciates the need to overhaul the police department's citizen complaint process. Certainly, following the indictment of 13 Miami Police officers by the U.S. Government, everyone should be aware of the need to improve the Miami Police Department and make it accountable to the community it serves. After many hours of hard work and dedication on the part of both civilians and police officers, the Miami City Commission, by a unanimous vote of the Commission, approved a charter amendment outlining a Civilian Investigative Panel for the November 6, 2001 ballot.
The Civilian Investigative Panel is designed to accomplish three goals:
- Provide for civilian oversight of City of Miami Police through the creation of an independent, unbiased and broadly representative panel that can investigate police misconduct, review police policies and practices, and make recommendations to the Chief of Police;
- Create an unbiased forum for citizens to file complaints alleging police misconduct and Police officers to report misconduct by fellow officers;
- Re-establish and strengthen the community's confidence in the men and women sworn to protect them.
2. How will the Civilian Investigative Panel be composed?
The CIP will be composed of civilians, nominated by the public and approved by the City Commission. Membership on the Panel will be open to all; nominations will be made by the public and approved by the Miami City Commission. The CIP also will have one member who is a professional law enforcement officer – a non-City of Miami Police Officer who will be appointed by the Miami Police Chief. The screening process and other elements of the nomination process will be outlined in an ordinance that Miami City Commission will adopt once the Charter Amendment is approved by voters.
3. What will be the powers of the CIP?
The CIP will 1) have the authority to conduct timely investigations in consultation with appropriate authorities, but independently of the Miami Police Department's division of Internal Affairs, 2) review policies of the Police Department, and 3) make recommendations to the City Manager and/or directly to the Police Chief, one of whom is required to provide a response within 30 days.
4. Will the CIP have subpoena power?
Yes. The CIP will have the authority to issue a subpoena that will compel the participation of witnesses, including police officers, to appear before the board. This authority may only be used upon the approval of the Independent Counsel and in consultation with the State Attorney's Office. All actions by the CIP must take into consideration, and the CIP shall not interfere with, any pending or potential criminal investigation or prosecution. The CIP also will have the power to subpoena relevant documents and other items to conduct investigations related to complaints of police misconduct. These powers will be detailed in an ordinance enacted by the City Commission following the amendment to the Charter. Enforcement of CIP subpoenas will be by order of an appropriate court.
5. Who will oversee the CIP?
The Miami City Commission will oversee the CIP through its power of approving appointments. Additionally, the Panel will be advised by an Independent Legal Counsel, and the CIP's use of subpoena power can only be exercised with the approval of the Independent Counsel. The CIP will appoint the Independent Counsel, who will be subject to approval and removal by the Miami City Attorney.
6. How will the CIP affect the rights of police officers?
No witness, including a police officer who may be in jeopardy of criminal prosecution, will be compelled to appear before the CIP against his/her state or federal rights to be free from self-incrimination. Such a witness will NOT be required to testify before the CIP. Other witnesses, who are not personally in jeopardy of criminal prosecution, can be compelled to testify.
Officers who provide testimony pursuant to a CIP subpoena will NOT be granted immunity from future prosecution. If a police officer testifies before the CIP, he/she will not thereby evade potential prosecution later on.
Subpoenaing a Miami City police officer to testify before the CIP will not interfere with his/her "one- statement" rights under the existing collective bargaining and union agreements. The "one-statement" provision does not apply to statements made to agencies such as the CIP.
7. Will the CIP have sanctioning powers?
No. However, it will have the authority to make recommendations about disciplining officers, in addition to recommendations about changes in police policies and procedures, to the City Manager and/or directly to the Miami Police Chief. The Police Chief and/or City Manager must provide a response within 30 days to the CIP's recommendations.
8. Will the CIP have law enforcement expertise?
Yes. The CIP will have law enforcement expertise through its professional staff and the training of CIP members. While the members of the Panel will be comprised primarily of citizens, its Executive Director will be authorized to hire professional staff, including law enforcement and criminal justice experts, investigators, and other personnel in order to fulfill the CIP's mission. The members of the CIP will also undergo training to familiarize themselves with the procedures for conducting an investigation, confidentiality issues, police practices, standards and procedures, and the working conditions of police officers. Additionally, there will be one non-City of Miami police officer who will be appointed to the Panel by the Miami Police Chief.
9. Will the CIP have adequate funding?
Yes. The Charter Amendment requires that the City Commission establish a budget and professional staff to support all the functions of the CIP. Following the adoption of the Charter Amendment, the Commission will approve the budget allocation
