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Lawyers for the Civilian Investigative Panel (CIP) said they
intend to take the Miami Police Department to court after the agency
refused to give the panel its operational security plan during last
year’s Free Trade Area of the Americas summit.
The CIP, formed in 2003, is a 13-member board that oversees the
Miami Police Department (MPD). The panel is authorized to investigate
police misconduct, issue subpoenas, conduct hearings, and review police
polices and procedures. The CIP is best known for their inquiries into
alleged police misconduct during the November 2003 FTAA summit.
The main focus of Tuesday’s CIP meeting revolved around the MPD’s
refusal to provide the panel with the “Operational Plan” set in place by
police to protect FTAA ministers while in Miami.
The “plan,” still not yet viewed by the public, allegedly contains
details pertaining to where officers were stationed, the types of
weapons used by police, training policies, restraining and arrest
procedures, and prisoner processing.
According to CIP counsel Jay Levine, the MPD will not reveal its operational plan to the public.
“The department claims that exposing the plan will jeopardize
national security and they’re concerned that in the future officers may
be put in harms way,” Levine said.
In addition to requesting operations information, CIP subcommittees
have been assigned to oversee officer testimony and to efficiently
catalogue investigation findings.
Rudy de la Guardia, whose subcommittee has been delegated to
extract individual testimony from MPD officers, explained it’s like
pulling teeth.
“The chief seems to be speaking for everybody,” de la Guardia said.
According to police officials, the Operational Plan is not FTAA
specific and is being considered for use at future sizeable functions,
such as political conventions or other events that may be prone to
terrorist attack. Officials told the CIP a major departmental concern in
releasing the Operational Plan to the public is that it may fall into
the hands of anarchists and be published on the Internet.
Demonstrators and police from 35 different law enforcement agencies
clashed on the last two days of the FTAA summit after some
demonstrators attempted to take down a protective fence surrounding the
Hotel Intercontinental with grappling hooks. Demonstrators,
including representatives from the AFL-CIO, have insisted police were to
blame for the disruptions and have accused officers of falsely
arresting protesters, confiscating belongings, and wantonly beating or
firing non-lethal weapons at anti-FTAA picketers. A report from the MPD
itself acknowledged that many law enforcement personnel did not have
badges on their body armor.
Miami police, in turn, have called the FTAA a security success,
insisting that anarchist elements threw everything from rocks to urine
at officers.
CIP Vice Chair Janet McAliley said that because those who filed
complaints could not identify what agency they were responding to, her
subcommittee has requested
jurisdiction maps from the MPD. Although many believe Miami Police
Chief John Timoney commanded all FTAA police operations, an after action
report from the Miami-Dade Police Department clearly states, “There was
no unified FTAA command.” Also, of the 20 items identified in the
Miami-Dade report relating to legal matters, demonstrators’ rights went
unmentioned.
Some panel members said police officials have expressed resentment regarding their information inquiries.
“Police are under the impression that we are not doing our homework
and we’re not reviewing our materials,” said McAliley. “We are looking
like a many-headed hydra.”
McAliley instructed the CIP to check with other members prior to
submitting further MPD requests to ensure that the information isn’t
already in CIP hands.
Despite the lengthy process and the MPD’s resistance, board members say they are determined to get answers.
“The public has the right to expect from us a well-researched, well-documented report,” said board member Brenda Shapiro.
Although the CIP does have subpoena power, Levine is not convinced
issuing officers subpoenas to testify about the FTAA Operational Plan is
in the best interest of the investigation.
“There are broad parameters where [the MPD is] claiming privilege,” said Levine.
He explained that because the panel is only interested in examining
specific aspects of the Operational Plan, the CIP’s subpoena power
could backfire and disqualify officer testimony down the road should the
panel uncover a criminal action by the MPD.
“The inference from the ordinance is that subpoena power is limited to discreet investigations,” Levine said.
The ordinance states in part, “any comprehensive policies or plans
compiled by a criminal justice agency pertaining to the mobilization,
deployment, or tactical operations involved in responding to
emergencies… are exempt.”
Ed Griffith of the Miami-Dade State Attorney’s Office said once an
officer is subpoenaed for a specific incident, they are immune from any
criminal prosecution should their testimony be self-incriminating.
“Any potential issue that could have an overflow into the criminal arena could damage the investigation,” Griffith said.
Levine’s plan is to get a judge to order a writ of mandamus
demanding the MPD produce the Operational Plan for judicial scrutiny.
The judge will then decide what information is pertinent to the CIP
investigation.
“They drew the line in the sand and said ‘go ahead take your
action,’” said Levine. “We’re going to get as much as we are entitled to
and the 3rd District Court of Appeals will review it.”
In Other Business
The CIP will ask the city to approve a $200,000 budget increase
over last year bringing the 2005 operational budget request to
$831,657. The increase provides for the hiring of four investigators
(two more than last year), which members agree will greatly assist the
panel with what has become an overwhelming caseload. However, it was
noted by board member Donald Bierman that of the ten investigators who
vied for the four positions, few had law enforcement experience.
In closing the budget talks, de la Guardia suggested the CIP pursue
federal and state law enforcement grants and mentioned the possibility
of receiving a stipend from the U.S. Department of Homeland Security to
supplement city dollars.
Also, by popular demand, Miami city officials will be requiring
that CIP meetings be televised from City Hall. The matter will go before
the city commission for a vote on June 24.
CIP Chairman Larry Handfield also cautioned board members to watch their attendance.
“Otherwise you will find yourself removed from the panel,” Handfield said.
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