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Marked Agenda Civilian Investigative Panel Horacio Stuart Aguirre, Chair Rolando Aedo, Vice-Chair Grace Casas, Secretary Barbara Gimenez, Treasurer

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Marked Agenda Civilian Investigative Panel Horacio Stuart Aguirre, Chair Rolando Aedo, Vice-Chair Grace Casas, Secretary Barbara Gimenez, Treasurer City Hall City of Miami 3500 Pan American Drive Miami, FL 33133 Marked Agenda www.miamigov.com Civilian Investigative Panel Horacio Stuart Aguirre, Chair Rolando Aedo, Vice-Chair Grace Casas, Secretary Barbara Gimenez, Treasurer William Alvarez, Rafael Cabrera, Eileen Damaso Deidria Davis, Ducosse Delva, Mairlyn Lightbourn Douglas Mayer, Alvaro Puente, Daniel Suarez Tuesday, March 17, 2015 5:30 PM City Hall Commission Chambers PLEDGE OF ALLEGIANCE Present: Member Aedo, Member Davis, Member Damaso, Member Delva, Member Gimenez, Member Casas, Member Lightbourn, Member Mayer, Member Puente, Member Cabrera and Member Aguirre Absent: Member Suarez and Member Alvarez The Pledge was led by Ms. Lightbourn ROLL CALL Present: Member Aedo, Member Davis, Member Damaso, Member Delva, Member Alvarez, Member Gimenez, Member Casas, Member Lightbourn, Member Mayer, Member Puente, Member Cabrera and Member Aguirre Absent: Member Suarez Roll Call Performed by Executive Director. Mr. Cabrera arrived at 5:55 pm APPROVING THE MINUTES FOR FEBRUARY 17TH, 2015 Motion to APPROVE. PASSED. Minutes approved unanimously. APPROVING THE AGENDA FOR MARCH 17TH, 2015 Motion to APPROVE. PASSED. AGenda approved unanimously. A. REPORTS Chairperson Report DEFERRED Chair waived his time. Independent Counsel Report HEARD Mr. Mays explained that Mr. Alvarez has resigned from the panel. City of Miami Page 1 Printed on 7/27/2015 Civilian Investigative Panel Marked Agenda March 17, 2015 Ordinance Review Committee Report APPROVED CHAIRMAN AGUIRRE: Thank you, Mr. Mays. The Ordinance Review Committee has been meeting for about what, five months now? And I asked Mr. Doug Mayer, member of the panel, to chair that committee. He has done an extraordinary, exemplary job. I was not surprised. Doug, tell us what you are doing and where are you? MS. BEAMUD: Excuse me. Actually, Ms. Gímenez is the chair. And she couldn't make it tonight. Mr. Mayer is the vice-chair. And he too -- they both have done an extraordinary job. CHAIRMAN AGUIRRE: You are absolutely correct. MR. MAYER: Yes. We have been charged with reviewing the ordinance and also charter revisions. And because of the timeliness of the charter revision issues, we took those up first. And there should be a handout, a one page that you should have that is entitled, Proposed Revisions to CIP Provisions of Charter, March 17, 2015. We have met a number of times and refined this. The committee is satisfied with the wording that is before you. And we would like to get a motion to accept these recommendations. CHAIRMAN AGUIRRE: Quick question, were these recommendations published to all members of the panel before today? MR. MAYER: No. CHAIRMAN AGUIRRE: No. Doug, I have got a problem with that idea. Unless it is -- MR. MAYER: Motion for discussion. CHAIRMAN AGUIRRE: Okay. You want to go with a motion for discussion? All right. MR. MAYER: Yes. CHAIRMAN AGUIRRE: Is there a second? MS. CASAS: I will second. CHAIRMAN AGUIRRE: All right. Go ahead and present the items and let's discuss them. MR. MAYER: Do you just want to go through them one-by-one? Is that -- CHAIRMAN AGUIRRE: Go ahead, go ahead, go ahead. MR. MAYER: First item up is A. And this mis, again, just a restatement. You can see the strike outs. It basically says the CIP would be composed of 12 civilian members, who shall be nominated by the Civilian Investigative Panel and approved by City Commission and an appointee of the Chief of Police, who is not a City of Miami police officer. So that is the first one. If there are any comments or? CHAIRMAN AGUIRRE: Well, how do you want to do them? You want to vote on them one-by-one, Mr. Aedo? MR. AEDO: Because they are comprehensive -- and kudos to the committee -- I would like to ask questions on each one of these subsections. CHAIRMAN AGUIRRE: Go ahead. Open discussion. MR. AEDO: So on that -- and I think it is important, especially for the -- is this working? Especially for the public to know where the substantive changes that we are doing. And in some cases, we are re-engineering or reprioritizing some of this. As I understand this, we -- does the Police Chief's appointee become a 13th member; is that my interpretation City of Miami Page 2 Printed on 7/27/2015 Civilian Investigative Panel Marked Agenda March 17, 2015 of this? And because it says-- MR. MAYER: Yes. And it has always been that way. So we are not changing that. Actually, the only thing that changed here really is that the order, initially it said, a police officer appointed by the Chief of Police. We are kind of changing the order a little bit and saying that the 12 civilian members shall be nominated by the CIP and then approved by City Commission and then an appointee of the Chief of Police, who is not a police officer. It is really just a little slightly rewording of the way it has been. MR. AEDO: So there is no substantive change in terms of the appointee by the Chief. What is somewhat of a change is that the nomination starts at the CIP rather than the public, as I read this? MS. BAKER: Perhaps I can be of assistance briefly? Jeanne Baker on behalf of the coalition. MR. AEDO: I don't think your mic is on. MS. BAKER: I will just speak loudly. The change in that first provision is just to update the charter to conform to what now is mand has been operational for about 12-13 years. The very first CIP was not nominated by the CIP. It was nominated by the public. There was a complex process. But that was supplanted in the ordinance. This first provision just updates the charter really to conform to the ordinance that has been in effect for over a decade. MR. AEDO: That helps a lot. And those comments to section A only or to all of the above? MS. BAKER: If you hand me the hand out, I can tell you immediately. MR. AEDO: Because I only had a question on that one and one other section. The other ones seemed to be fairly straight forward. And I am sure my colleagues may have some other questions as well. MS. BAKER: B does make a change. C does make a change. D pairs down what was there. There is no real change but some of the language is removed. E in three and four, it just makes semantic changes and a little bit of clarification. E 2 adds a new concept. MR. AEDO: Let's go through those step-by-step. I don't want to obviously dominate the conversation. So my question has been answered on A. And I will pause on that. MR. AGUIRRE: Keep going. You are on a roll. Keep going. MR. AEDO: And I think it is important for the panel, but even more importantly for the public, both present and viewing, to - MR. MAYER: What are the substantive changes and -- MR. AEDO: And what are those that are basically institutionalizing what, in fact, the practice now is. So point two, which is B, we are saying here staffed with professional personnel, including an Executive Director. It removes the advisement by Independent Counsel. And it also removes the minimum experience, as I interpret this, of that Independent Counsel from seven years. And the fact that the Executive Director and the Independent Counsel are subject to appointment and removal by the panel. MR. MAYER: With the approval -- MR. AEDO: With the approval of the City Commission. I don't have any concerns there. I think that is the direction that I personally would like to see this go. So again, Mr. Mayer, I don't know if you have any additional comments on that? MR. MAYER: No. I was going to say, I think these were debated and discussed at length City of Miami Page 3 Printed on 7/27/2015 Civilian Investigative Panel Marked Agenda March 17, 2015 and -- go ahead Jeanne. MS. BAKER: If I may add something that I hope will be helpful to the committee? You recall that there was an independent review committee that was charged by the Miami City Commission to review, first of all, many complaints that the coalition and others had made about how the CIP was functioning. And the IRC, as it is called, really went even beyond that mandate. And it reviewed, from its own point-of-view, a fresh, so to speak, how the CIP was functioning. And it came out with a report, which I know you have all had and hopefully have read. And that report made very many specific suggestions for change both in the ordinance in the charter. And one of the big -- this provision Breally incorporates proposals that the IRC made. The IRC proposed that the chief executive -- that the Executive Director be part of the chartered core. That the Independent Counsel role be clarified as a legal advisor role. And that the panel be in charge of selecting and hiring both of those positions and have the power to remove the persons from both of those positions subject to approval of the City Commission. And those are changes that the IRC recommended. There is an additional smaller change here, which was as Mr. Mayer just said, subject to a lot of debate in the committee. The smaller change was to remove the at least seven years membership in the Florida bar requirement and just put in its place an experienced and competent member of the Florida Bar, in case there might be a superb candidate from another state, who is moving here and has not been here for seven years, but would otherwise be the choice of this panel.
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