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The Civilian Investigative Panel convened Tuesday night to discuss administrative staffing
needs and to review CIP independent counsel hopefuls but first
scheduled what may be the last public hearing regarding matters of
FTAA-related police misconduct.
A final public hearing has been set
for Monday, March 1, at 5 p.m. at Miami City Hall, and because panel
members feel as though CIP resources are being over-taxed investigating
complaints by FTAA (Free Trade Area of the Americas) demonstrators, they
want the issue resolved soon.
CIP Chair Larry Handfield made it
clear to the panel that because the public and the media have taken so
seriously what happened during the FTAA last November, the CIP is
obligated to investigate complaints. But that it can’t go on doing so
forever.
“The amount of letters we have
received are many, and we have to, within reason, give the people a
chance to feel as though their voice is being heard,” said Handfield.
CIP member Thomas J. Rebull agreed
that thoroughly investigating FTAA complaints is a priority. However, he
stressed that FTAA issues are not the only ones before the panel, and
he doesn’t like that other misconduct incidents, filed prior to the
November demonstrations, have taken a backseat.
“I’m really concerned this panel is
spending way too much time on the FTAA. Someone who filed a complaint a
year ago shouldn’t have to wait behind an FTAA complaint,” said Rebull.
CIP member Barbara Shapiro agrees: “If we allow the FTAA events to set our agenda, we will be behind before we can get ahead.”
Vice Chair Janet McAliley doesn’t want to see FTAA complaints swept under the rug, though.
“The fact that we had a major police
action here and all the things that happened as a result, I don’t
think we can ignore that. We’re elected by the people, and work for the
people,” McAliley said.
Budget Constraints
“Appropriate budget and finance
arrangements should have been made before this panel was formed,” said
Handfield. “We’re understaffed and under-budgeted. The initial CIP
budget plan did not take into consideration the FTAA or the
after-action,” Handfield said.
There are 17 FTAA complaints
currently being investigated by the CIP, “and growing,” said Handfield.
According to CIP Executive Director Shirley Richardson, “There are still
a handful of cases coming down from Internal Affairs.”
It has yet to be seen if the annual
$674,000 CIP budget will hold out. There are two investigators currently
under CIP contract, but according to Handfield, two isn’t enough. He’d
like to see one more full-time and one more part-time investigator written into next year’s budget, and he’s willing to pay $135,000 and $80,000 respectively for quality help.
Handfield said unless the budget can
provide for the hiring of a support staff that can handle the entire CIP
workload, he will personally make the public aware of the CIP’s
inability to do the job.
“I’ve got no problem telling the people what the real deal is,” said Handfield.
Independent Counsel
Lawyers Jay Levine and Christopher
Kurtz vied for the CIP’s independent counsel contract Tuesday night as
they presented their qualifications to the panel and engaged in a brief Q
& A.
Jay Levine, principal representative
of the firm Levine & Finger, boasted that his firm has experience in
all aspects of civil rights litigation and police misconduct, including
but not limited to use of excessive force, false arrest and abuse of
process. Levine’s biggest concern seemed to be the size of the workload.
“Just how many hours are you looking for… ten, twenty?” Levine asked the panel.
Levine is confident that his firm can
commit resources on a limited basis. He said the 17 complaints
currently under review by the CIP are manageable. His hourly rate is
$250 and includes expenses excluding travel costs and bulk
photocopying.
“Levine & Finger will refrain
from undertaking any employment involving litigation on behalf of or
against the City of Miami should the firm be selected to serve as
independent counsel,” read the firm’s proposal.
Kurtz’s firm, Weiss Serota Helfman
Pastoriza Guedes Cole & Boniske, P.A, currently represents the City
of Miami in a parking surtax litigation. This drew concern from vice
chair McAliley.
“The opinions of the CIP could assist
on bringing actions against the city, in turn involving the City
Attorney’s Office, who you now work for,” said McAliley.
After addressing McAliley’s concerns,
Kurtz presented an army of lawyers all pledging their support and
assistance should he need it. Day to day, Kurtz’s firm handles municipal
and constitutional law, criminal and police procedure. His firm also
charges $250 an hour for attorneys within the firm, but that includes
only CIP consultations and attorney time, not administrative costs.
Kurtz claims his firm can meet CIP demands.
“We can devote as many hours as it takes to get the job done for the IRP,” said Kurtz.
Throughout the entire presentation
Kurtz addressed the CIP as the IRP (Independent Review Panel a
Miami-Dade County board tasked with dealing with complaints against
county employees and the Miami Dade Police Department.)
The CIP will decide on independent
counsel in the next few weeks. Should the panel decide against hiring
either of the two firms currently being considered, appropriate
advertising measures will be taken to solicit new applicants.
One source of confusion for CIP
member Rudy de la Guardia is whether or not the panel should consider
the attorney’s team when making a hiring decision.
“Aren’t we looking to hire just one attorney, and if so, to what extent should we count on their team?” said de la Guardia.
In closing the meeting, the panel
decided to advertise the position vacated by Paul Roulhac, who stepped
down in January after being severely criticized for publicly praising
Miami Police Chief John Timoney on his “outstanding performance” in
handling FTAA demonstrators on behalf of the Greater Miami Chamber of
Commerce. (Roulhac is the chairman of the Greater Miami Chamber of
Commerce.) Handfield assured the panel that advertisements would target
diverse communities so that board membership would reflect the community
as a whole.
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