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Meeting Agenda - Final City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda - Final Tuesday, April 20, 2010 5:30 PM Regular Meeting City Hall Chambers Civilian Investigative Panel Thomas Rebull, Chairperson Thomas Cobitz, Vice Chair Susan Weintraub, Secretary Fred St. Amand, Treasurer Michelle Delancy, Rudy de la Guardia, Raymond Hart Janet McAliley, Bess McElroy, Timothy Moore Brenda Shapiro Civilian Investigative Panel Meeting Agenda - Final April 20, 2010 PLEDGE ROLL CALL APPROVING THE MINUTES of the February 16, 2010 Meeting APPROVING THE MINUTES of the February 23, 2010 Special Meeting A. PUBLC FORUM I (Testimony or Presentations for any properly noticed case or matter may be heard at this time.) *Roderick Harvey, Audit Report: Harvey, Covington & Thomas, LLC *Joseph Simmons, Complainant B. REPORTS B.1 CHAIRPERSON B.2 INDEPENDENT COUNSEL C. CASE MANAGEMENT Case: Melissa Jane Sturgis CIP#: 06-281 IA#: 06-171 Involved Officer(s): Nestor Garcia #02184 Allegations: Misconduct Recommendation(s): Close as No Finding on Misconduct (Summary Disposition). The Complainant claims that on 04-21-06 Officer Garcia arrested her because she asked for his name and badge number. Internal Affairs closed case with a finding of Information Only as the Complainant failed to cooperate. Although the case was reviewed by the CIP, it is beyond the 120-day time frame and presented no underlying concerns related to policies or procedures. Case: Juan Gonzalez CIP # 08-330 IA #Unknown Involved Officer(s): Commander Jose Alfonso #0122 Allegation(s): Improper Proceedure The Complainant, Mr. Juan Gonzalez alleges that on 6/25/08 Cmdr. Jose Alfonso #0122 requested consent to search the home of his Grandmother, Ms. Elda Forcelledo, and that he threatened eviction and arrest when consent was City of Miami Page 2 Printed on 5/12/2010 Civilian Investigative Panel Meeting Agenda - Final April 20, 2010 denied. According to Mr. Gonzalez, there were no independent witnesses to the event. Only Mr. Gonzalez and his brother, Carlos Renteria, witnessed the event. Mr. Gonzalez was not sure whether, his brother, Mr. Renteria would testify. Mr. Gonzalez stated during his interview that the neighbor's kids had been arrested for narcotics violations on the same date that Commander Alfonso wanted permission to search for drugs at the grandmother's residence. Mr. Gonzalez lives at his grandmother's house and he has a prior conviction for marijuana possession. Also, it appears that the brother, Mr. Renteria, has a felony conviction for cocaine possession. This case was a direct file with the CIP. Recommendation(s): Close case as No Finding on Misconduct for the reason that the complainant has failed to produce information to further the investigation. Procedural History: 06-26-08 CIP Received Complaint 06-30-08 CIP Assigned 07-29-08 Called Mr. Gonzalez at his listed phone number, 305-649-1139, and spoke with the grandmother. Ms. Forselledo stated that she did not know Mr. Gonzalez' cell phone number. She stated that she would give him the message to call the CIP. 08-25-08 A 10-Day “Wish to pursue” letter was mailed to Mr. Gonzalez' address as indicated on the CIP complaint form. 09-15-08 Called 305-649-1139 again; the number has been disconnected. 09-15-08 Successfully reached Mr. Gonzalez at new number. He stated he would have Ms. Forcelledo and Mr. Renteria call for interviews. 09-22-08 Both of the above-mentioned witnesses failed to contact this office. 09-22-08 Submitted for Closure 09-22-08 Chief Investigator's Recommendation 09-06-08 Independent Counsel's Concurrence Case: Yolanda Robaina CIP#: 09-361 IA#: 09-335 Involved Officer(s): Unknown Officer Allegation(s): City of Miami Page 3 Printed on 5/12/2010 Civilian Investigative Panel Meeting Agenda - Final April 20, 2010 Discourtesy DOI: September 8, 2009 According to the complainant, Yolanda Robaina, on September 8, 2009, an unknown male officer stopped her at N.E. 2nd Avenue and 29th Street and used the "F" word multiple times when addressing her. A review of the Internal Affairs investigation revealed that Ms. Robaina was unable to identify the officer in question. Internal Affairs rendered a finding of Inconclusive as to the allegation of Discourtesy. Recommendation(s): Close as No Finding as to the allegation of Discourtesy based on the CIP's concurrence with the findings of Internal Affairs. Procedural History: 10-28-09 The Internal Affairs investigative report was received. 11-03-09 Independent Counsel reviewed and classified the complaint/case as a Pre-Panel Closure. 12-10-09 Case Closed. Case: City of Miami (Lt. Lillie Harris) CIP#: 09-348 IA#: 09-184 Involved Officer(s): Lt. Lillie Harris Allegation(s): Misconduct DOI: On-going Lieutenant Lillie Harris routinely failed to work a 10-hour shift without prior authorization or deducting the hours from her time bank. Internal Affairs rendered a finding of Substantiated and on May 21, 2009 Lt. Harris was relieved of duty pending the dispostion of a Criminal/Administrative investigation. Recommendation(s): Close as a Pre-Panel Closure based on the CIP's concurrence with the findings of Internal Affairs. Procedural History: 10-28-09 The Internal Affairs investigative report was received. 11-03-09 Independent Counsel reviewed and classified the complaint/case as a Pre-Panel Closure. City of Miami Page 4 Printed on 5/12/2010 Civilian Investigative Panel Meeting Agenda - Final April 20, 2010 12-10-09 Case Closed. Case: Sonja L. Williams CIP#: 09-360 IA#: 09-205 Involved Officer(s): Officer Melissa Thomas-#7020 Allegation(s): Discourtesy DOI: May 30, 2009 The complainant, Sonja Williams alleged that on the aforementioned date, Officer Thomas responded to her residence and was unprofessional when she flailed her upper extremities. Internal Affairs dispositioned the case as Inconclusive as to the allegation of Discourtesy. Recommendation(s): Close as a Pre-Panel Closure based on the CIP's concurrence with the findings of Internal Affairs. Procedural History: 10-28-09 The Internal Affairs investigative report was received. 11-03-09 Independent Counsel reviewed and classified the complaint/case as a Pre-Panel Closure. 12-10-09 Case Closed. Case: Angel Yune CIP#: 09-324 IA#: 09-206 Involved Officer(s): Officer Cid Fernandez-#1967 Allegation(s): Discourtesy DOI: June 3, 2009 The complainant, Angel Yune alleged that on June 3, 2009 he observed Officer Cid Fernandez stopped his wife, Nancy Ocon at 3482 NW 22nd Avenue for an undisclosed reason and used the "F" word when he inquired about the stop. Officer Fernandez disclosed during his sworn recorded Internal Affairs Recommendation(s): Close as a Pre-Panel Closure based on the CIP's concurrence with the City of Miami Page 5 Printed on 5/12/2010 Civilian Investigative Panel Meeting Agenda - Final April 20, 2010 findings of Internal Affairs. Procedural History: 10-28-09 The Internal Affairs investigative report was received. 11-03-09 Independent Counsel reviewed and classified the complaint/case as a Pre-Panel Closure. 12-10-09 Case Closed. Case: Carlos Reyes CIP#: 09-322 IA#: 09-324 Involved Officer(s): Sergeant David Peraza-#0909 Allegation(s): Discourtesy DOI: August 27, 2009 Mr. Carlos Reyes stated that on August 27, 2009, he was driving behind Sergeant Peraza on Grand Avenue. Mr. Reyes stated after making a right turn, Sergeant Peraza changed lanes and got behind him when he passed him. Mr. Reyes stated after being stopped, Sergeant Peraza asked him, in Spanish, if he thought he was funny (Tu te cres gracioso) and stated that he was going to punch him and slap him three times. Mr. Reyes stated after being asked for the keys to his vehicle, Sergeant Peraza took him out of the vehicle and searched him. Mr. Reyes stated after being given two summonses (0811-RQK 2 and 0812-RQK 3) for Following Too Closely and for No Seat Belt, Sergeant Peraza told him in Spanish, Next time I see you, I'm going to kick you three times and send you to bed warm (Cuando te vea otra vez, te voy a dar tres patadas y te voy a mandar a dormir calientico). Mr. Reyes stated he is not complaining about the summonses, but that Sergeant Peraza had no need to treat him as he did. Internal Affairs rendered a disposition of Inconclusive based on the absence of independent witnesses. Recommendation: Close as a Pre-Panel Closure based on the CIP's concurrence with the findings of Internal Affairs. Case: Mike Hayes CIP#: 09-337 IA#: 09-227 Involved Officer(s): Carlos Mendez-#4714 Allegation(s): Discourtesy DOI: July 23, 2009 City of Miami Page 6 Printed on 5/12/2010 Civilian Investigative Panel Meeting Agenda - Final April 20, 2010 Mr. Mike C. Hayes alleged that on July 23, 2009, City of Miami Police Officer Carlos Mendez told him along with his brother and several friends, "What the fuck are you guys doing here? Everybody get the fuck out of here." Officer Mendez drove by five minutes later and flashed his middle finger and told Mr. Hayes, "Fuck you". Internal Affairs classified the case as Information Only based upon the complainant's failure to cooperate. Recommendation: Close as a Pre-Panel Closure per Independent Counsel. Case: Reynaldo F. Loggin CIP#: 09-353 IA#: 09-274 Involved Officer(s): Marlon Arana-#27876 Allegation(s): Missing Property DOI: July 22, 2009 Mr. Reynaldo Loggin alleged that on July 22, 2009, Officer Marlon Arana falsely arrested him at 1075 Biscayne Boulevard in Bicentennial Park and did not give him back his driver's license and a credit card. Internal Affairs classified as "Information Only" based on the unavailability of the complainant.
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