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June 8, 2009
Members of the Miami City Commission
Angel Gonzalez
Marc Sarnoff
Joe M. Sanchez
Tomas P. Regalado
Michelle Spence-Jones
Dear Commissioners,
We write to urge that you reject the proposed amendments to Chapter 11.5, which sets forth the Civilian Investigative Panel (CIP), pursuant to the Charter of the City of Miami. As you will recall, the Charter provision creating an independent civilian CIP as a permanent part of City government was overwhelmingly approved by the voters in 2001.
The proposed amendments to the Ordinance are on the Commission agenda for June 11, 2009.
These proposed amendments would reduce the number of members of the CIP from 13 to 9 and significantly alter the appointment process. At present, except for a direct appointee to the CIP from the Chief of Police, all other members of the CIP are nominated by the CIP and submitted to the City Commission for approval from the names submitted.
The current appointment process set forth in the Ordinance creating the CIP was approved by the Commission to ensure that, as much as possible, members of the CIP would be appointed based on qualifications and not political connections.
“Independent” and “civilian” oversight of our police department were the two most important values that shaped the concerns of former Commissioner Arthur Teele and the several civic community groups who crafted the CIP Charter amendment and Ordinance in 2001 – 2002 for approval by the voters, and subsequently the City Commission. The civic community groups who worked with Commissioner Teele and the City Commission to create the CIP were, primarily, the National Association for the Advancement of Colored People/NAACP, People United to Lead the Struggle for Equality/ P.U.L.S.E., the American Civil Liberties Union/ACLU, Brothers of the Same Mind and the Spanish American League Against Discrimination/S.A.L.A.D.
The proposed amendments would convert the independent citizens panel to one composed entirely of representatives of public officials, thereby totally politicizing the CIP. (Of the 9 members of the proposed reduced CIP, City Commissioners would appoint 5 members, the Mayor would appoint two members, the City Manager would appoint one member and the Chief of Police would continue to appoint one member.)
Ending the independence of the CIP jeopardizes the necessary confidence that the public needs to have in the process of civilian oversight of law enforcement. Whether investigations of alleged police misconduct exonerate police officers or sustain the concerns of those alleging misconduct, the public needs to have confidence in the integrity of the process. And integrity requires a fair process before an independent an impartial body, not a political one.
It is unlikely that the citizens of Miami will have confidence in the outcome of a process by a body that is entirely composed of representative of elected and appointed officials.
It is not only the people of Miami who have come to rely on independent civilian oversight of the police department; the City Commission does so as well. Recently, in the extraordinary circumstance in which it became necessary to investigate allegations of misconduct involving the Chief of Police, the Commission thought it advisable -- correctly in our view -- that the matter be removed from politics. Such a sensitive matter could easily have become mired in politics had the investigation been conducted by the Commission or by a panel directly appointed by the Commission. Instead, the Commission referred the investigation of the Chief of Police to the non-political, independent Civilian Investigative Panel. And, by all accounts, the public accepted and trusted the results of that investigation.
Let us be clear: Does the current membership of the CIP adequately represent the rich ethnic and racial diversity of Miami? No. Can there be more done to enhance the diversity of the CIP, including more effective outreach to the community to solicit nominees and more nominees recommended by members of the City Commission? Of course there can – and should – be more effective recruitment. But will the proposed amendments to the size and selection process enhance the needed diversity of the CIP? It will not.
Please do not allow the legitimate concern about the diversity of the membership of the Civilian Investigative Panel to be used as a justification to end the independent oversight function that was created for the CIP by the Ordinance – and the independent role that was intended for it when the voters of our City amended the Charter to create the CIP.
Sincerely,
Carlene Sawyer, President Howard L. Simon
Greater Miami Chapter Executive Director
American Civil Liberties Union of Florida American Civil Liberties Union of Florida
cc: Mayor Manual A. Diaz
City Manager Pedro G. Hernandez
Chairperson Thomas J. Rebull, Civilian Investigative Panel (CIP)
About the ACLU of Florida
The ACLU of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our web site at: www.aclufl.org.
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