Miami - Miami commissioners will soon vote on a proposal to change how members of Miami's police civilian oversight panel are selected. By JENNIFER LEBOVICH jlebovich@MiamiHerald.com A push to hand Miami commissioners more power over a police review panel's makeup is drawing the ire of community groups and panelists.
The Civilian Investigative Panel, created eight years ago to soothe citizen concerns after several questionable police involved shootings, reviews complaints against officers and makes recommendations on police policies.
But now Miami commissioners are weighing cutting the panel in size, from 13 to 9, and handpicking five of the appointees from their respective districts. The mayor would pick two others.
Community activists said they fear the changes would undercut the panel's autonomy and undermine the very reason it was created. Yet supporters say the changes are intended to create diversity on the board.
"Obviously there's more need for diversification, but we need to figure out the best way to do it, without compromising the independence aspect," said City Manager Pete Hernandez.
Instead of having the panel interview and propose new members to the commission for approval, each commissioner would appoint a member from their district from those who apply.
Commissioner Michelle Spence-Jones -- who supports the change -- said she was concerned there wasn't enough of a cross section on the board, saying some districts have more members than others.
"I think that you're going to get even more people participating now, and you'll be getting people from a cross section of the city. That's extremely important," Spence-Jones said.
The item, which had been scheduled for last Thursday, was pushed back until July amid debate over just how much control commissioners should have.
In 2001, following several officer-involved shootings, voters overwhelmingly approved creating a panel to review allegations of police misconduct. A cluster of community groups, including the American Civil Liberties Union and National Association for the Advancement of Colored People, helped commissioners craft the board.
"The CIP was hammered out by the community for the purpose of protecting the rights ... Now the commission wants to politicize it," said Rudy De La Guardia Jr., the CIP vice chairman.
LESSEN CONFIDENCE
The suggested changes "destroy the independence of the civilian review board, and by destroying the independence it will lessen the confidence of the community in the decisions of the board," said Howard Simon, executive director of Florida's ACLU.
Spence-Jones said the proposal will not affect the board's independence. "There is nothing in the legislation that compromises the decision-making process of the board," she said.
Yet political support is not unanimous. "I don't think the charter allows for the kind of politicization to allow commissioners to appoint people directly," said Commissioner Marc Sarnoff.
The panel has subpoena power, conducts investigations into police conduct and offers recommendations on policy and procedures. The board makes recommendations, but does not have power to punish officers.
The CIP has reviewed some high profile cases, most recently Police Chief John Timoney's use of a free SUV from Lexus of Kendall.
The panel subpoenaed him twice to testify, but the chief said it lacked jurisdiction. He agreed to testify while an appeal was pending, and the CIP ruled Timoney violated multiple department rules. The Third District Court of Appeal ruled the panel had the right to investigate.
Chief Timoney said he was not aware of the proposed changes until receiving a call from a reporter. Through a department spokesman, he declined to comment further.
Currently, the CIP interviews people, picks nominees and presents them to the City Commission for final selection. The police chief, who has one appointment, can choose whomever he wants.
The new proposal would have each commissioner select one person from their district who was nominated by the public. The mayor would pick two members and the city manager and chief would each appoint one.
CIP members objected to changes in the process at a recent meeting called by Miami Neighborhoods United. Neighborhoods United President Grace Solares said the change violates the city's charter and strips the board of power.
Chair Thomas Rebull said criticism that the board doesn't represent the city is false, as it includes three black and two Hispanic members. He said the board repeatedly asked commissioners for lists of people to volunteer, with little success.
`BAD POLICY'
"The City Commission will always have power over the CIP because they control its budget," said Rebull. ``We think it's simply bad policy to give them even more power."
Adding to the uncertainty over the CIP's structure, a recent appeals court ruling in Daytona Beach found that such a citizens' panel lacks authority to investigate complaints against officers.
The board does not have the power to subpoena deputies, the court said, saying the county could create a board ``with more limited power."
Armando Aguilar, Miami's police union president, said the court decision makes the city's board ``null and void."
"We don't believe right now, in light of this court decision, they have the right to investigate us," he said. ``As far as I'm concerned, whenever they call one of our officers in, that will start the ball rolling."
CIP attorney Charles Mays said the ruling has no bearing on Miami's panel. "It has no implications so far as the city of Miami is concerned and the oversight of the investigative panel," he said.
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