city of miamiegov.ci.miami.fl.us/meetings/2008/6/1692_m... · tuesday, june 17, 2008 6:00 pm...

Tuesday, June 17, 2008

6:00 PM

Meeting Minutes

City of Miami

City Hall

3500 Pan American Drive

Miami, FL 33133

www.miamigov.com

Regular Meeting

City Hall Chambers

Civilian Investigative Panel

Brenda Shapiro, Chairperson

Rudy de la Guardia, Vice Chair

Bess McElroy, Treasurer

Thomas Rebull, Secretary

Thomas Cobitz, Michelle Delancy,

Janet McAliley, Timothy Moore, Hector Schwerert,

Cornelius Shiver, Fred St. Amand, Susan Weintraub

Meeting Minutes June 17, 2008Civilian Investigative Panel

PLEDGE

Present: Chairperson Shapiro, Member McAliley, Member de la Guardia, Member Rebull,

Member McElroy , Member Moore, Member Shiver, Member Weintraub, Member Cobitz and

Member Delancy

Absent: Member St. Amand, Member Schwerert and Member **Vacancy

CHAIRPERSON SHAPIRO: Ladies and Gentlemen, I'm going to call the June meeting of the

Civilian Investigative Panel to order. Will you please rise for the pledge. (Pledge of Allegiance).

ROLL CALL

MS. RICHARDSON: Madam Chair, may I take the roll call?

CHAIRPERSON SHAPIRO: I missed it. missed the roll call, because I was eager to embrace Mr.

Davis. But you can do the Roll Call, and then we'll do the minutes.

MS. RICHARDSON: Yes, ma'am. Thank you, Madam Chair. Thomas Cobitz?

PANEL MEMBER COBITZ: Present.

MS. RICHARDSON: Rudy de la Guardia?

MR. DE LA GUARDIA: Present.

MS. RICHARDSON: Michele Delancy?

PANEL MEMBER DELANCY: Here.

MS. RICHARDSON: Janet McAliley?

PANEL MEMBER McALILEY: Here.

MS. RICHARDSON: Bess McElroy?

PANEL MEMBER McELROY: Here.

MS. RICHARDSON: Timothy Moore?

PANEL MEMBER MOORE: Here.

MS. RICHARDSON: Thomas Rebull?

PANEL MEMBER REBULL: Here.

MS. RICHARDSON: Hector Schwerert? Cornelius Shiver?

PANEL MEMBER SHIVER: Here.

MS. RICHARDSON: Fred St. Amand? Suzanne Weintraub?

PANEL MEMBER WEINTRAUB: Here.

MS. RICHARDSON: Madam Chair, for the record, you do have a quorum. And we did

receive an e-mail notification from Mr. Schwerert as to his absence tonight, and I'll share that

with you later. It's a personal reason. I'll share that with you later, but we did know that he was

not going to be here.

PRESENTATION: MR. OTIS DAVIS

CHAIRPERSON SHAPIRO: Part of the duties and responsibilities of being Chair of the Civilian

Investigative Panel, as much as I enjoy what we do here and our time together, there are

unhappy moments, and this I openly confess is one of them. It is a mixed moment, because I'm

going to ask our colleague, Otis Davis, to come to the podium, where we have to say a formal

goodbye to him. Mr. Davis. I'm going to read the plaque

formally, but informally I want to say to you that sometimes the chief of police gets it right, and

be certain that he was right when he appointed you his representative to this panel. Nobody has

served this panel with more insight and the understanding that you brought to that position. So I

express my gratitude to Chief Timoney, but I especially express my gratitude to you for educating

us, for giving us insight as to how a police

department truly functions. And you are in the best tradition of that department, with the best

possible choice as a first representative of that department on our panel. The plaque reads,

"Presented to Otis Davis in recognition of your dedicated service to the Civilian Investigative

Panel and commitment to ensuring integrity in policing on behalf of the citizens of Miami,

Florida, 2003-2008." And it's presented to you on behalf of your

colleagues on the panel. I know that what brings you away from us is the police museum, and the

museum that will honor the African-American, men and women, who have served the department

City of Miami Printed on 3/24/2009


so well, and its history, which you are such an important part of. So I can't regret you're leaving,

because I know why you're doing it. You said earlier you wish you could cut yourself in half. No

more than I do. Thank you very much.

MR. DAVIS: Thank you. Usually I'm not at a loss of words, but I'm almost out of loss of words at

the moment. I do appreciate the plaque. (Away from the mike). I said, I really want thank you all

for the plaque. I wish I could stay. Half of my passion is with the precinct, as you all know. This

won't be the end. The only thing, I will certainly let you

know of opening day. And any other meetings that you're going to have, I wish you would take

time out to come to the precinct and have some meetings there in that neighborhood. I certainly

appreciate everything, and thank you.

CHAIRPERSON SHAPIRO: We appreciate that.

MR. DAVIS: Thank you.

CHAIRPERSON SHAPIRO: Has everyone received the minutes of the May meeting?

I'll entertain a motion to approve.

PANEL MEMBER REBULL: So moved.

APPROVING THE MINUTES OF THE MAY 20, 2008 MEETING

Motion by Member McAliley, seconded by Member Delancy, to APPROVED PASSED by the

following vote.

Votes: Aye: Weintraub, Shiver, Delancy, Cobitz, Rebull, de la Guardia, Chairperson Shapiro, McElroy ,

Moore and McAliley

Absent: Schwerert, **Vacancy and St. Amand

CHAIRPERSON SHAPIRO: Thank you, Ms. Richardson. I will now entertain a motion to

approve the Minutes of the May 20th meeting.

PANEL MEMBER McALILEY: So moved, Madam Chair.

PANEL MEMBER DELANCY: Second.

CHAIRPERSON SHAPIRO: Hearing no objection, the minutes are adopted as presented.

APPROVING THE AGENDA FOR THE JUNE 17, 2008 MEETING

Motion by Member Rebull, seconded by Member McAliley, to APPROVED PASSED by the

following vote.


Moore and McAliley


I will entertain a motion to approve the Agenda of the June 17th meeting.

PANEL MEMBER REBULL: So moved.

PANEL MEMBER McALILEY: Second.

CHAIRPERSON SHAPIRO: Hearing no objection, the agenda has been adopted and

approved. Mr. Mays.

MR. MAYS: Yes. Yes, Madam Chair, distinguished Panel Members, we have scant

information to report today, but there's some substance to it. Number 1, with respect to the

Timoney matter, we have basically concluded that investigation in that we have taken the

deposition of Chris Roberts. This is the gentleman from Lexus. That's the last person for me to

talk to. And, as you know, we preceded that by taking a deposition of Chief Timoney himself.

Their brief has been filed. We will file our brief by Monday of this week. We anticipate --based

upon the issues that have been presented in their brief, we

anticipate that the appellate court will be affirmed.

CHAIRPERSON SHAPIRO: Thank you, Mr. Mays. Mr. Wolf.

MR. MAYS: I'm sorry, I said appellate court. I meant trial court. Forgive me.

CHAIRPERSON SHAPIRO: I know what you meant. We'll correct it in the minutes.

MR. MAYS: Thank you.

PANEL MEMBER REBULL: Madam Chair.

CHAIRPERSON SHAPIRO: Yes.



PANEL MEMBER REBULL: Something just occurred to me, and I figure I'll disclose it on the

record.

CHAIRPERSON SHAPIRO: Sure.

PANEL MEMBER REBULL: Because I just was there today, that I actually bought my

car at Lexus of Kendall, and had it serviced there today. And I wanted to disclose it. If anybody

thinks it's an issue, please let me know, but I want to disclose that. It just occurred to me right

now.

MR. MAYS: And being the chair of the complaints committee, you did pay for it, didn't you?

PANEL MEMBER REBULL: I've paid for every service or good I've received.

CHAIRPERSON SHAPIRO: We have another disclosure, I think.

PANEL MEMBER McALILEY: Madam Chair, I also purchased my car at Lexus of Kendall and

got no special deals at all, except when I arm wrestled them for it.

MR. MAYS: Well, Ms. McAliley, did you pay a premium so as to make sure that no one suspects

that you --

PANEL MEMBER McALILEY: I don't - I paid a lot. I don't know if it was premium.

CHAIRPERSON SHAPIRO: Lest I sound like a commercial, I just wanted everyone

to know I drive a Hyundai. Mr. Wolf.

MR. WOLF: Well, I also have a disclosure to make. I was going to buy a vehicle from Lexus of

Kendall, but I opted not to. Madam Chair, Members of the Panel, good evening, Chief Wolf,

Chief Investigator. We have 32 cases that we are presenting tonight, all of which have had the

benefit of being discussed in the complaint subcommittee, and it was a very lively discussion on

each case. To give you some statistics for June, we have 132 cases as of tonight presumably that

we will close. We've opened 314 for fiscal year 2008, and we have approximately 83 cases that

are carryover from prior years.

CHAIRPERSON SHAPIRO: Before you begin, Mr. Wolf, I wanted to quickly say,

because I know that there are members of the community who watch us on local television, that I

received an e-mail yesterday from a resident of the City of Miami and she forwarded a complaint

to me. She was concerned about what had happened to this gentleman. I immediately sent it to

the Executive Director, and it's my understanding that was immediately given to you. So that

would become a direct file. But I want the public to understand that that's a perfectly legitimate

way to begin this process, and that it is very quickly responded to. So without further --

MR. WOLF: Noted.

LEGAL UPDATES

CASE MANAGEMENT

08-00654B.1 DISCUSSION ITEM

Case: Juan P. Sanchez CIP# 08-068 IA# 06-038s

Involved Officer(s):

Carl Clarke # 1068

Allegations:

Missing Property

Complainant, Mr. Sanchez claims that on February 19, 2006 he attended the

Columbian Festival at Bayside. During the concert he left and met up with some

friends. After having exited the concert he decided to return but was not allowed

to do so by the officers working the gate. Mr. Sanchez claimed that after having

made several attempts to speak with the officers he was arrested. He claims that

during the arrest his arms were twisted behind his back and then he was forced to



the ground. While on the ground one of the officers tore the silver chain from his

neck. The incident was investigated externally by Upper East Side Supervisor

Sgt. Ibalmea and closed with a finding of Inconclusive on the allegation of

Missing Property.

Recommendation (s):

Close as No Finding. The CIP was unable to establish contact with the

Complainant via phone of mail.

Procedural History:

Motion by Member Cobitz, seconded by Member Rebull, that this matter be CLOSED AS

NO FINDING PASSED by the following vote.


Moore and McAliley


MR. WOLF: First case, 08-068, IA Number 06-038 (sic). The complainant's name is Juan

Sanchez. Our recommendation is to close as no finding on missing property. CIP was unable to

establish contact with the complainant via phone or mail.

PANEL MEMBER COBITZ: So moved.

PANEL MEMBER REBULL: Second.

CHAIRPERSON SHAPIRO: Hearing no discussion, the recommendation is adopted.


Case: Guito Batiste CIP # 06-422 IA # Direct File


Unknown

Allegation(s):

Improper Procedure

On September 14, 2006, Mr. Batiste filed a direct complaint with the CIP stating

that in 2003, he filed lawsuits against the Miami Police Department and the

Miami-Dade Police Department. He alleges that around the 2005 time frame the

City of Miami Police Department has been harassing him by following him in a

police helicopter.

Recommendation(s):

Close as No Finding on Improper Procedure. The CIP was unable to make

contact with the complainant.

Procedural History:

09-14-06 CIP received direct filed complaint.



09-14-06 CIP forwards copy of complaint to Internal Affairs.

03-30-08 CIP received final investigative report from outside investigator

(Horizon Investigations, Inc.)

05-21-08 Chief Investigator's recommendations

05-21-08 Independent Counsel's concurrence

Motion by Member McAliley, seconded by Member Cobitz, that this matter be CLOSED AS



Moore and McAliley


MR. WOLF: Case Number 06-422, IA Number 06-038s (sic). The complainant's name is Guito

Batiste. Our recommendation is to close as no finding on improper procedure. The CIP was

unable to make contact with the complainant. And let me also state that the officer involved is

unknown in this case.

PANEL MEMBER McALILEY: I move the recommendation, Madam Chair.

PANEL MEMBER COBITZ: Second.

CHAIRPERSON SHAPIRO: Hearing no objection, the recommendation is adopted.


Case: Gregory Hinds CIP# 06-438-CIP IA# 02-397S

Stervens Joseph


Saens Dorcely #1502

Lazaro Alvarez #0134

Allegations:

Discourtesy

Missing Property

Complainant, Mr. Hinds stated that on November 12, 2002, he was standing in

front of a building located at 136 NW 56th St. waiting for a friend. Mr. Hinds

states that Officer Dorcely approached and said, "Nobody move." Officer

Dorcely asked Mr. Hinds whether he lived at that address, and misunderstanding

the question, Mr. Hinds said, "Yes". Officer Dorcely looked at his driver's

license and said, "You don't fucking live here". This led to an argument and Mr.

Hinds' arrest. Mr. Joseph stated that, on the same date, he was upstairs in the

building at the above-address, retrieving a bicycle he had loaned a friend.

Officer Dorcely ordered him to come downstairs, and to place his hands against

the wall. Mr. Joseph was unable to comply for fear of his pants falling down.

Mr. Joseph stated that this led to profanity on the part of Officer Dorcely. Mr.

Joseph states further that Officer Alvarez searched him (incident to the arrest)

and threw away the contents of his pockets. The incident was investigated

externally by NDSS Commander Lt. Rojas and closed with a finding of Cleared



on the allegation of Discourtesy and Inconclusive of the allegation of Missing

Property.

Recommendation (s):

1. Discourtesy. Close as Not Sustained; an independent witness, Mr. Jimmie

Prado, stated that he observed the entire incident and that none of the officers

used profanity.

2. Missing Property. Close as No Finding; Mr. Joseph failed to produce

information to further the investigation. Officer Alvarez denied throwing away

any of the Complainant's property. Officer Lazaro Alvarez will be added to

monitor list.

Procedural History:

06-24-05 CIP receives complete Internal Affairs summary.

12-14-06 10-Day letters were sent to each complainant and no response was

ever received.

05-12-08 CIP makes telephone call to Mr. Hind's last known telephone

number. No answer and no voice mail.

05-12-08 CIP makes telephone call to Mr. Sterven's last known telephone

number. Phone was disconnected.



Motion by Member McAliley, seconded by Member Rebull, that this matter be CLOSED AS

NOT SUSTAINED PASSED by the following vote.


Moore and McAliley


MR. WOLF: The next case is 06-438, IA Number 02-397S as in Sam. The complainants --there's

two complainants in this case, Gregory Hinds and Joseph Stervens. The officers involved are

Saens Dorcely, #1502, and Lazaro Alvarez, #0134. Our recommendation is to close as not

sustained on the allegation of discourtesy and no finding on the missing property. We were

unable to locate the complainants. Additionally, we recommend that Officer Alvarez be placed

on the monitoring list.

PANEL MEMBER McALILEY: I move the recommendation, Madam Chair.




Case: Shakeva Fisher CIP# 07-153-CIP IA# 03-352




Unknown

Allegations:

Discourtesy

Abusive Treatment

Complainant, Ms. Fisher stated that on October 9, 2003, she was driving

northbound on N.W. 7th Ave. and 95th Street when she was stopped by a City of

Miami marked unit. (Note: This is outside of the City of Miami jurisdiction.)

Ms. Fisher states that the unidentified male officer called her by a name she

didn't recognize. She responded with her name. Ms. Fisher alleges that the

officer then used a racial epitaph. Ms. Fisher states that the officer sat her on the

floor, took her license, and sat in his vehicle. She further alleges that when he

returned, he pushed her to the ground (causing her to cut her lip), unhandcuffed

her and left. The incident was investigated by Internal Affairs and closed as

“Information Only” as the Complainant failed to cooperate.

Recommendation (s):

Close as No Finding on the allegation of Discourtesy and Abusive Treatment.

Ms. Fisher missed several appointments with IA investigators, and failed to

return several phone messages. An FDLE TAR report requested by Internal

Affairs to determine whether any police officer had checked her driver's license

revealed that no DL check had been performed.

Procedural History:


08-17-07 10-Day letter sent (returned 8/28/07)

05-23-08 CIP makes telephone call to the complainant's last known telephone

number. The number was disconnected.



Motion by Member Rebull, seconded by Member Cobitz, that this matter be CLOSED AS



Moore and McAliley


MR. WOLF: Next case is 07-153, IA #03-352. The complainant's name is Shakeva Fisher. The

officer is unknown. Our recommendation is to close as no finding on the allegation of



discourtesy and abusive treatment.

PANEL MEMBER REBULL: Move the recommendation.





Case: Phillyps Zuniga CIP # 08-067 IA # 06-101s


Maximiliano Valdes #27081

Allegation(s):

Improper Procedure

Discourtesy

On May 27, 2006, Ms. Zuniga complained that Officer Valdes called her a

“whore” when he responded to her residence in response to a domestic

disturbance. The incident was assigned externally and investigated by Sgt.

Angela Chin with a finding of Cleared on the allegation of Improper Procedure

and Inconclusive on the allegation of Discourtesy. Officer Valdes denied calling

the Complainant a “whore.” Officer Vera said that he never heard Officer Valdes

call the Complainant a “whore.” Sgt. Reyes said that the Complainant never

informed him, when he was at the scene, that Officer Valdes called her a

“whore.”

Recommendation(s):

Close as No Finding on the allegation of Improper Procedure and Discourtesy.

The CIP was unable to make contact with the complainant via mail or telephone.

.

Procedural History:

10-10-07 CIP received Internal Affairs Summary

04-24-08 CIP sends 10-day letter to complainant. No response received

05-21-08 CIP makes telephone call to the Complainant's last known telephone

number. Phone is disconnected.






Moore and McAliley




MR. WOLF: Next case is 08-067, IA Number 06-101S as in Sam. The complainant's name is

Phillyps Zuniga, and the officer involved is Maximiliano Valdes, #27081. Our recommendation

is to close as no finding on the allegation of improper procedure and discourtesy. Unable to

make contact with the complainant via mail or telephone.





Case: Latoya Jones CIP # 08-069 IA # 03-227s


Sgt. George Russell #6167

Allegation(s):

Discourtesy

On August 8, 2003, Ms. Jones filed a complaint with Internal Affairs stating that

she was stopped by Sgt. Russell for speeding on 95th street at I-95. According to

Ms. Jones, Sgt. Russell pointed his flashlight into the Complainant's vehicle and

then used profanity toward the Complainant. After a few minutes Sgt. Russell

cleared the scene without issuing any citations.

Recommendation(s):

Close as No Finding on Improper Procedure. The CIP was unable to make

contact with the complainant either by phone or US Mail.

Procedural History:


08-17-07 CIP sends 10-day letter to complainant. No response received.


number. Voice mail left but return call not received.



Motion by Member Rebull, seconded by Member McAliley, that this matter be CLOSED AS



Moore and McAliley


MR. WOLF: Case Number 08-069, IA Number 03-227S as in Sam. The complainant's name is

Latoya Jones, and the involved officer is Sergeant George Russell, #6167. The recommendation

is to close as no finding on improper procedure --I'm sorry, on discourtesy. Unable to make



contact with the complainant.





Case: Curtis Coleman CIP # 08-073 IA # 07-011s


Sgt. Jacqueline Mesidor #4732

Allegation(s):

Discourtesy

Mr. Coleman filed a complaint against Officer Mesidor for discourtesy. He

claims that when he went to the North District Sub Station to file a report against

his girlfriend he waited in the lobby for over an hour and a half. He claims that

despite the fact that he was there first, Officer Mesidor continued to help other

citizens that entered the station after him. When he complained of this to Officer

Mesidor, she reportedly said, "We busy…your ass is just going to have to wait."

The incident was assigned externally and investigated by Sgt. Daniel Kerr with a

finding of Inconclusive on the allegation of Discourtesy. Officer Mesidor stated

in her memo that Mr. Coleman insisted on speaking with a certain detective who

was not available and would contact him at a later time. Reportedly, Mr.

Coleman continued to scream in the lobby. When a supervisor responded to

speak with Mr. Coleman, he refused to speak and said he would respond to

Internal Affairs. Officer Rozier, who witnessed the incident, stated that Officer

Mesidor was professional with Mr. Coleman.

Recommendation(s):

Close as No Finding on the allegation of Improper Procedure and Discourtesy.

The CIP was unable to make contact with the complainant via mail or telephone.

Officer Jacqueline Mesidor will be added to monitor list.

.

Procedural History:




number. Phone is owned by another subscriber.








Moore and McAliley


MR. WOLF: The next case, 08-073, IA Number 07-011S as in Sam. The complainant's name is

Curtis Coleman. The involved officer is Sergeant Jacqueline Mesidor, #4732. Our

recommendation is to close as no finding on improper procedure and discourtesy, with an

additional recommendation to add Sergeant Mesidor to the monitoring list.


PANEL MEMBER McALILEY: I second it. And this officer's history is quite concerning. She's

had 38 citizen complaints, four formal counseling, 11 reprimands, six use of force. And on

October 19th of '07, and 4/15 of '08 and in May 13th of '08, she was formally counseled. It

doesn't say why, but this does make her eligible for our monitoring

list.

MR. WOLF: She's certainly a very good candidate for it.

CHAIRPERSON SHAPIRO: Hearing no objection, the recommendation is accepted.


Case: Katrice Lee CIP # 08-075 IA # 07-037s


Paul James # 3378

Michael Footman #2009

Allegation(s):

Improper Procedure

Ms. Lee filed a complaint against Officer James on behalf of Mr. Milton Major.

Ms. Lee stated that her daughter, Ms. Fergusson, was driving her vehicle and

parked in the handicapped space at Denny's Restaurant. Mr. Major was with Ms.

Lee who only had a learner's permit. Officer James, who was working an

off-duty detail at Denny's, wrote Ms. Fergusson two citations and towed the

vehicle. Ms. Lee stated that Mr. Major, who was with Ms. Lee, was handcuffed

and placed in the back of a police car until Officer James completed the tow of

the vehicle and then Mr. Major was released. The incident was assigned

externally and investigated by Lt. Norberto Blanco with a finding of Cleared on

the allegation of Improper Procedure against Officer James and Inconclusive on

the allegation of Improper Procedure against Officer Footman. Officer James

said that he was not the one that handcuffed Mr. Major. Officer Footman stated

he was dispatched as a back-up to Officer James and that when he arrived he

observed Mr. Major cursing and pacing up and down. He therefore handcuffed

Mr. Major and placed him in the back of his police vehicle until he calmed down

Recommendation(s):

Close as No Finding on the allegation of Improper Procedure. The CIP was

unable to make contact with the complainant via mail or telephone.

.



Procedural History:




number. Voice mail left. No response received.

05-05-08 CIP makes telephone call to Milton Major's last known telephone


05-05-08 CIP makes telephone call to the Diamond Fergusson's last known

telephone number. Female answered informing of wrong number.



Motion by Member Rebull, seconded by Member Delancy, that this matter be CLOSED AS



Moore and McAliley


MR. WOLF: Next case is 08-075. The complainant's name is Katrice Lee. The involved officers is

Paula James and Michael Footman. Paul James' number is 3378, and Officer Footman is 2009.

The recommendation is to close as no finding on the allegation of improper procedure.


PANEL MEMBER DELANCY: Second.



Case: Zulma Flores CIP # 08-087 IA # 07-157


Luis Weinand #7445

Orlando Borges #0489

Daniel Valladares #27892

Allegation(s):

Neglect of Duty

Abusive Treatment

Discourtesy

Ms. Flores stated that on July 7, 2007, Miami Police officers responded to her

home in reference to a family dispute. She said that the officers refused to arrest

her brother, Pedro Flores, for vandalism and did not provide her with a police

report. She claimed that at one point Officer Weinand handcuffed her and used



profanity toward her while threatening to arrest her. Although Mr. Flores was not

arrested, she claimed that she received bruising on her wrists as a result of the

handcuffs. The incident was investigated by Internal Affairs with the finding of

Inconclusive on the allegation of Neglect of Duty, Inconclusive on the

allegation of Discourtesy and Cleared on the allegation of Abusive Treatment.

Officer Weinand denied using profanity toward Ms. Flores and the other officers

confirmed that no profanity was used and that they were professional at all times.

Recommendation(s):

Close as No Finding on Neglect of Duty, Abusive Treatment and Discourtesy.

The CIP was unable to make contact with the complainant either by phone or US

Mail.

Procedural History:




number. Number is disconnected






Moore and McAliley


MR. WOLF: Next case is 08-087, IA Number 07-157. The complainant's name is Zulma Flores.

The involved officers is Luis Weinand, #7445; Orlando Borges, #0489; Daniel Valladares,

#27892. Our recommendation is to close as no finding on improper procedure, abusive

treatment and discourtesy.





Case: Norma Coutin CIP # 08-108 IA # 03-285s


Alberto Perez #5646

Allegation(s):

Missing Property



Ms. Coutin lodged an Internal Affairs complaint against Officer Alberto Perez

claiming that the officer arrested her for “no reason” and that while being

handcuffed, he pinned her against the vehicle. She claimed that she is an

asthmatic and that Officer Perez placed her in the back of the vehicle causing her

discomfort. She further claimed that after her release from custody she went to

pick up her belongings from her vehicle at Downtown Towing and found that her

purse was missing, including $200.00 US currency. The incident was assigned

externally and investigated by Sgt. Jonathan Yavney with a finding of

Inconclusive. Officer Perez stated that he stopped Ms. Coutin because her tag

was not assigned to her vehicle and subsequently arrested her for traffic related

issues. He said that he did see a small cosmetic bag containing miscellaneous

paperwork but that there was nothing of value in the bag. Officer Jennifer Wing

completed the vehicle inventory form and inventoried all items in the vehicle on

the storage receipt. The inventory did not show any of the items that Ms. Coutin

claimed were missing.

Recommendation(s):

Close as No Finding on the allegation of Missing Property. The CIP was unable

to make contact with the complainant via mail or telephone.

.

Procedural History:










Moore and McAliley


MR. WOLF: The next case is 08-108, IA Number 03-285S as in Sam. The complainant's name is

Norma Coutin. The involved officer is Alberto Perez, #5646. Recommendation was --or is to

close as no finding on the allegation of missing property. Just another note, she was also invited

to provide testimony to the complaint subcommittee and she did not do so.



PANEL MEMBER SHIVER: Second for discussion. Apparently, if the complaining party was to

provide testimony to the subcommittee, but here the recommendation is the CIP was unable to

make contact with the complainant. It appears to be a little inconsistency there. Apparently,

there was some contact if we knew she was supposed to come to the subcommittee. My concern

is, this is the 10th case, and apparently each case there's been no contact with the complainant. I



understand if you get garbage in, you get

garbage out if they give you bad information. I'm just very concerned. don't know what else we

can do. I know we're making telephone calls and sending letters. But it just seems to be a

pattern, or it just appears, if the people take the time to file a complaint, and they just walk away,

is there something else we can do? I don't have the answer, but I'm just very concerned. And

each recommendation we're not making contact. And I know you're probably doing all we can

do, but is there something else we can do? Because some of these allegations are very serious.

MR. WOLF: Mr. Shiver, I appreciate your concern, and I share those concerns as well. In this

particular case specifically, we did not make contact with the complainant. We sent an

additional letter inviting her to testify, and maybe the Legistar notice didn't actually say that. In

the other cases, we go to great length to try and make contact with those

complainants in more recent cases. Cases that are back in 2003, up to say perhaps in 2006, we

make a phone call. We attempt to make contact. We send a 10-day letter. In some cases, we do

drive-by's to their last known address, and that's about all we do. The more recent cases, we do

drive-by's on the more compelling cases.

PANEL MEMBER SHIVER: And I'm sure we're doing all we can do. I just -it just appears --I

don't know. I'll give it some thought. Maybe I'll bring it up, Madam Chair, in the subcommittee,

but there's something else we have to do. Maybe we have to verify the information. I don't know.

Maybe we need to contact them before we do anything, something. There's a pattern here. And I

know you share my concern. I'm going to let you

continue with your report, but I'm very concerned.

MR. WOLF: Let me add this, that there probably is a pattern in this particular month of

presentations, because we've been going through all the cases, and you'll notice that many of the

cases are from 2003. And, as I said earlier, we make efforts, but certainly some of the more

compelling cases, we make greater efforts by driving to those residences and

trying to make contact with a complainant.

CHAIRPERSON SHAPIRO: Mr. --

MR. MAYS: May I supplement that, Madam Chair?

CHAIRPERSON SHAPIRO: Yes, please.

MR. MAYS: We hear you loud and clear, Mr. Shiver. What we've noted over the years is that -

-particularly what you'll find in older cases, is that after a person has made a complaint to

Internal Affairs, many times, when Internal Affairs tries to follow-up, they're not in a position of

actually doing so for a couple of reasons: Either A, the person has moved, or, B, the person does

not want to proceed. And what we've discovered is

that sometimes, in the passion of the moment, if you will, that person is anxious and ready to go.

They want to see everything done, et cetera. But after even a relatively short period of time, just

a few weeks sometimes, the ardor has waned, and they want to move on to other issues. What

we're going to do in the office, of course, is that we're going to dispose of these old cases. And

it's an idea that we have that we're going to present to the

complaint subcommittee, you're a member of the complaint subcommittee, and, of course, you'll

be privy to that. And if it's meet with the approval, if this plan meets with the approval of the

complaint subcommittee, it's an issue that will come before the full panel for adoption. But, as

Mr. Wolf indicated, for the more recent cases and the more urgent matters, if you will, additional

efforts are being undertaken from the standpoint

of trying to locate the people, and trying to see if we can get them to go further.

BOARD MEMBER SHIVER: And I appreciate that. I guess I'll make a plea to the complaining

parties and the public to give us a chance to work these cases out, too. When you file these

complaints, give this panel a chance. I was very impressed with last meeting where we had live

testimony. And I just want the complaining parties to stick with the process, if they may. And I'm

sure that staff is doing all they can do. But we

just need the complaining party to just hang in there.

CHAIRPERSON SHAPIRO: I don't think that our research analyst needs another assignment,

but I'll just throw this out for discussion purposes, Mr. March. I'm especially interested in the

difference between the cases we get from Internal Affairs, and the cases that are direct filed. And

if the complainants are more willing and more readily available to us on the cases that are direct



filed. I don't know if they are, or if they're not, but I think it might inform us. And when you have

nothing else to do, Mr. March, in your leisure time --

MR. MARCH: I'll just tell you, I'll do a quick guess for you. What Mr. Wolf was saying is, when

they're going through the backlog, you know, many of these people are not long-time residents in

a certain area, and they've moved and they can't find them. You have transients that can go into

IA and make a complaint in 2003, become 2008 or 2007 when an investigator tries to find them.

They've moved, and they're not in the database or

with a permanent address. They can't find them. So you're going to have a percentage of cases

from the backlog where it's going --the percentage is going to be greater versus your direct files

recently within the last year, the last few months. The greater probability lies with there being

there to find and to interview and to conduct an investigation. Now, I'll go back and look at

those, but I'm just saying, the probabilities are that I'll come back to you later and report pretty

much what I've just said.

CHAIRPERSON SHAPIRO: That's pretty much what I imagine you'll find, but it leads to my plea

to the public, added to Mr. Shiver's, that if you direct file with the Civilian Investigative Panel,

you can be assured that the follow-up is thorough and you're not going through another process.

You're coming directly to us. And I suspect that we'll address it with more success when you

direct file with us. That's just a theory. Mr. March is going to verify. Continue, Mr. Wolf.

MR. WOLF: Let me just add one other thing, and, that is, we are looking potentially getting, if

the budget will permit, online database research capabilities to locate people. Right now we

don't have any of that kind of software, and that's a very powerful tool

that takes little time to do research on somebody that you don't know where they

are to try and locate them. We don't have that capability. It makes it very difficult to locate

somebody from a 2003, 2004, even a 2008 complainant. They've moved. It makes it very difficult,

other than going out and doing old fashion detective work and trying to locate them, which can

be very time consuming.

CHAIRPERSON SHAPIRO: Well, speaking on behalf of my colleagues, I think I can

say with certainty I look forward to any database that makes it easier to find the complainants,

and I would applaud our consideration of the same. And you'll

bring it to us when you know what the costs are and when we can get it in place.

MR. WOLF: We certainly will.

PANEL MEMBER REBULL: Madam Chair, I just wanted to add one thing. I think it would be

inappropriate for me as chair of the complaints committee to add, and I know Mr. Shiver said he

thought we were doing all we can. I want to, for the benefit of the public also, say that while

these often times say we couldn't reach the complainants, I know that the members of the

complaint committee, in addition, of course, to the staff, read the rather voluminous materials

that come to us. And we look for --for me it's about evidence. It's not necessarily only the

complainant. If there was a videotape of the incident, even in the absence of a complainant, the

videotape might be evidence of the

allegation, to support the allegation. If there was an audiotape, if there was an independent

witness without the complainant, that would be evidence to support the allegation. So the mere

fact that there's no complainant, isn't, in it and of itself, enough to say that there is no finding.

But the nature of the lodged complaint, is that it's a he said/he said or a he said/she said, and,

therefore, without a complainant, you have no evidence whatsoever to support an allegation. But

there have been many times, when Ms. McAliley or other members of the committee have said,

you know, I notice something in the Internal Affairs' memorandum that so and so said this, and

we have sustained allegations in the absence of a complainant when there was evidence, which is

what it's all about for me, to support an allegation.

CHAIRPERSON SHAPIRO: Thank you for the clarification. Mr. Wolf.




Case: Steven T. Rao CIP # 08-112 IA # 03-375s


Craig Gardner #2206

Allegation(s):

Discourtesy

Mr. Rao lodged an Internal Affairs complaint against Officer Craig Gardner for

Discourtesy. He claims that on October 5, 2003, he was operating a limousine

and had dropped customers off at the American Airlines Arena and had stopped

in a handicapped zone. Sgt. Barfield, who was supervising the detail, asked Mr.

Rao to move the limo. Mr. Rao said that he moved a few feet when one of the

occupants informed him that there was a handicapped passenger so he stopped

abruptly. He was approached by Sgt. Barfield-Harris and informed he would be

issued citations which were completed by Officer Gardner. Mr. Rao admittedly

became “irate and upset.” He said that he snatched the tickets out of Officer

Gardner's hand but was unable to read the citations so he returned in order to get

a clearer copy. He claims that Officer Gardner said, “I don't like your attitude…

Get out of my face.” The incident was assigned externally and investigated by

Sgt. Rolando Davis with a finding of Cleared. Officer Gardner denied making

any discourteous comments to the Complainant. Sgt. Barfield-Harris said that

Officer Gardner never told Mr. Rao to get out of his face.

Recommendation(s):

Close as No Finding on Discourtesy. The CIP contacted the complainant by

phone and sent him a copy of the Internal Affairs report. He indicated that he

would re-contact the CIP should he wish to pursue further, which he has not

done.

Procedural History:



04-15-08 CIP makes telephone contact with Complainant. He indicated the he

did not receive 10-Day Letter and wanted to read Internal Affairs report. He said

that once he read the report he would decide what to do.

04-15-08 CIP sends facsimile to Complainant with Internal Affairs report. No

follow-up response received from Complainant.








Moore and McAliley


MR. WOLF: Okay, next case is 08-112, IA Number 03-375S as in Sam. The complainant is

Steven Rao, and the officer involved is Craig Gardner, #2206. Our recommendation is to close

as no finding on discourtesy. Although we made contact with Mr. Rao in this particular case,

and he was still pretty upset about the incident that had taken place in 2003, he did not want to

pursue it, nor did he want

to provide any testimony to the Civilian

Investigative Panel.







Case: Jorge Mahia CIP # 08-115 IA # 03-301s


Christian Alvarez-Vega #0148

Allegation(s):

Abusive Treatment

Improper Procedure

Missing Property

Mr. Mahia stated that on August 23, 2003, Officer Alvarez-Vega stopped him for

traffic related violations. Mr. Mahia said that he refused to sign one of the

citations and was arrested and transported to jail. Mr. Mahia claims that the

officer placed the handcuffs too tight, and refused to give his name. After

bonding out of jail, he said that he was missing his keys, driver's license and

vehicle registration. Officer Perez stated that he stopped Mr. Mahia for running a

red light. He said that when he asked Mr. Mahia to sign the tickets, Mr. Mahia

became belligerent and was therefore arrested. The officer added that Mr. Mahia

refused to sign the pink property receipt at the County Jail. He denies the

Complainant's allegations. The incident was assigned externally and investigated

by Sgt. Selvan Ramjattan with a finding of Inconclusive on all three allegations.

Sgt. Ramjattan found that the Complainant's keys were listed as being in the

ignition on the tow slip.

Recommendation(s):

Close as No Finding on the allegation of Abusive Treatment, Improper

Procedure and Missing Property. The CIP was unable to make contact with the

complainant via mail or telephone.

.

Procedural History:












Moore and McAliley


MR. WOLF: Next case is 08-115, IA Number 03-301S as in Sam. Complainant's

name is Jorge Mahia. The involved officer is Christian Alvarez-Vega, #0148.

Allegations are abusive treatment, improper procedure and missing property. Our

recommendation is to close as no finding on abusive treatment, improper procedure and missing

property.



CHAIRPERSON SHAPIRO: Hearing no objection, the recommendation --yes, Ms. McAliley.

PANEL MEMBER McALILEY: Chair, just a note. From August of 2004 through March

of 2007, this officer has had five reprimands. I wonder, we don't know what's happened with him

since March of 2007, but does that --does he meet our qualifications for addition to the

monitoring list?

MR. WOLF: Ms. McAliley, based upon my interpretation of the protocol, he does

not. It's not consistent with him being placed on the monitoring list.

PANEL MEMBER McALILEY: Thank you.

CHAIRPERSON SHAPIRO: Hearing no further comment, the recommendation is adopted.


Case: Francisco Martinez CIP # 08-123 IA # 07-156


Unknown

Allegation(s):

Improper Procedure

Mr. Martinez claimed that on July 5, 2007, he was outside in his front yard with

his seven (7) month old German shepherd. He alleged that his dog ran into the

street and was struck by a City of Miami police vehicle that fled the scene. The

incident was investigated by Internal Affairs and closed as "Information Only."

The Police Department's Accident Investigations Unit closed the accident as

"Unworkable." Internal Affairs was unable to make contact with the

complainant.

Recommendation(s):

Close as No Finding on the allegation of Improper Procedure. The CIP was

unable to make contact with the complainant via mail or telephone.

.

Procedural History:

03-14-08 CIP received completed summary from Internal Affairs.

04-10-08 CIP sends 10-and day letter to complainant. No response received.










Moore and McAliley


MR. WOLF: Our next case, 08-123, IA #07-156. Complainant's name is Francisco

Martinez. The involved officer is unknown. Our recommendation is to close as no finding on the

allegation of misconduct.



CHAIRPERSON SHAPIRO: Hearing no comment, the recommendation is adopted.


Case: Alvin LaFrance CIP # 08-125 IA # 07-102


Unknown

Allegation(s):

Discourtesy

Mr. LaFrance claimed that on April 14, 2007, he and his girlfriend, Ms.

Giselaine Simeon, were at Jose Marti Park, when they were approached by an

unknown City of Miami Hispanic police officer. According to Mr. LaFrance, the

officer in an aggressive tone yelled, “get your fucking ass out of here and play

with her somewhere else, where do you live?” Mr. LaFrance said that he replied

that he lived in Miami Shores and the officer replied, “Take your ass over there

and fuck around.” The incident was investigated by Internal Affairs and closed as

“Information Only.” They were not able to contact the Complainant.

Recommendation(s):

Close as No Finding on the allegation of Discourtesy The CIP was unable to

make contact with the complainant via mail or telephone.

.

Procedural History:












Moore and McAliley


MR. WOLF: Next case is 08-125, IA Number 07-102. The complainant's name is Alvin

LaFrance. The involved officer is unknown. Our recommendation is to close as no finding on the

allegation of discourtesy.



CHAIRPERSON SHAPIRO: Hearing no further comment, the recommendation is

adopted.


Case: David Aguirre CIP # 08-126 IA # 07-262s


Juan Herrera #27459

Allegation(s):

Negligence of Duty

Mr. Aguirre stated that while he was walking home from Walgreens on

November 20, 2007 he was jumped by two Latin males who, punched, kicked

and bit him. He said that he went home and called police and fire rescue. After

fire rescue tended to the Complainant, Officer Herrera arrived and drove the

Complainant around looking for the suspects but was unable to locate them. The

Complainant said that Officer Herrera had to leave quickly due to an emergency

call. The Complainant said that the officer never prepared a report. The incident

was assigned externally and investigated by Little Havana NET Supervisor Sgt.

Jacobson with a finding of "Inconclusive." Officer Herrera claims that the

Complainant did not want a report and that if he later changed his mind he could

file a report at South District Police Station.

Recommendation(s):

Close as No Finding on the allegation of Negligence of Duty. The CIP was

made contact with Mr. Aguirre but he did not wish to pursue this matter.

Procedural History:





05-9-08 CIP makes telephone contact with Complainant. Although still upset

about the incident he did not wish to pursue the matter.






Moore and McAliley


MR. WOLF: Our next case is 08-126, IA Number 07-262S as in Sam.

Complainant's name is David Aguirre. The involved officer is Juan Herrera, #27459.

Our recommendation is to close as no finding on the allegation of negligence of

duty.




adopted.




Case: Monique Kincade CIP # 08-127 IA # 07-188


Unknown

Allegation(s):

Abusive Treatment

Ms. Kincade stated that on August 13, 2007, she was at the Hyatt Regency Hotel,

attending the O'Zone Awards. She stated that the police were called to control a

large crowd and that during the incident; she was thrown to the ground by an

unknown police officer. She claimed that she was injured as a result. The

incident was investigated by Internal Affairs and closed as "Information Only"

as Ms. Kincade did not fully cooperate with the investigation.

Recommendation(s):

Close as No Finding on Abusive treatment. The CIP was unable to make contact

with the complainant.

Procedural History:



04-10-08 CIP sends electronic mail to complainant. No response received


number. Female answered the phone stating, "Wrong number."






Moore and McAliley


MR. WOLF: Next case is 08-127, IA #07-188. Complainant's name is Monique Kincade. The

involved officer is unknown. Our recommendation is to close as no finding on abusive treatment.



CHAIRPERSON SHAPIRO: Hearing no comment, the recommendation is adopted.




Case: Joseph Guerrier CIP # 08-129 IA # 07-155


Eschol St. Luis #27047

Darion Williams #7647

William Goins #2372

Allegation(s):

Abusive Treatment

Improper procedure

Discourtesy

Mr. Guerrier states that on July 4, 2007, he was barbecuing at his girlfriend's

apartment. At approximately 6pm he went to take a chicken sandwich to a friend

down the street when he was approached by all three officers. According to Mr.

Guerrier, Officer St. Louis grabbed him by the shirt and threw him against the

wall of the apartment building and began to search him, stating, "Where's the

weed, where's the money." He claims that Officer Williams attempted to access

his girlfriend's apartment without authority and that Officer Goins struck him on

his right side. He claims that ultimately the officers gained access to his

girlfriend's apartment and searched it but found nothing of interest and left telling

Mr. Guerrier that they would get him another day. The incident was assigned

externally and investigated by Overtown NET Supervisor Sgt. Bondarenko with

a finding of "Inconclusive" on Abusive Treatment, "Information Only" on

Improper Procedure and "Inconclusive" on Discourtesy. All three officers deny

using any physical force or profanities and deny making entry into the girlfriend's

apartment.

Recommendation(s):

Close as No Finding on Abusive Treatment, Improper Procedure and

Discourtesy. The CIP was unable to make contact with the complainant or the

listed witness.

Procedural History:




number. No one answered



05-09-08 CIP makes telephone call to the witness's last known telephone



number. Phone not working






Moore and McAliley


MR. WOLF: Next case is 08-129, IA #07-155. The complainant's name is Joseph

Guerrier. The involved officer is Eschol St. Luis, #27047; Darion Williams, 7647; William

Goins, #2372. Our recommendation is to close as no finding on all three allegations. Unable to

make contact with the witness.




adopted.


Case: Derrick Hoskins CIP # 08-132 IA # 06-221


Giraldo Linares #4019

Allegation(s):

Misconduct

Abusive Treatment

Improper Procedure

Mr. Hoskins alleged that on September 19, 2006, during a traffic stop at SW

32nd Ave and 28th Street, Officer Linares hit the scooter he was driving with his

patrol car. He claims that the officer placed him in the back seat of the police car

and turned on the heater, causing him difficulties breathing. Further, Mr. Hoskins

was ticketed and his scooter was towed. The incident was investigated by

Internal Affairs and closed as "Inconclusive" on the Abusive Treatment,

"Inconclusive" on the Misconduct, and "Inconclusive" on the Improper

Procedure. Officer Linares said that he was notified of a robbery that had just

occurred and that Hoskins was the suspect attempting to flee on the scooter. The

officer denied striking Mr. Hoskins with the police car claiming that Mr. Hoskins

lost control of the scooter. Officers Vera and Alas stated they did not observe any

improper conduct on the part of Officer Linares.

Recommendation(s):

Close as Not Sustained on Misconduct, Abusive Treatment and Improper

Procedure. The evidence is insufficient to prove the Complaiant's allegations or

to disprove Officer Linares' denial of any misconduct.



Procedural History:




number. The number was disconnected.

06-17-08 Panel deferred case in order to locate and interview Mr. Hoskins.

06-27-08 Independent Counsel interviewed Mr. Hoskins.



Motion by Member de la Guardia, seconded by Member McAliley, that this matter be

DEFERRED PASSED by the following vote.

Votes: Aye: Weintraub, Shiver, Delancy, de la Guardia, Chairperson Shapiro, McElroy , Moore and

McAliley

No: Cobitz and Rebull


MR. WOLF: Next case is 08-132, IA #06-221. The complainant's name is Derrick Hoskins. The

involved officer is Giraldo Linares, #4019. Allegation is misconduct, abusive treatment and

improper procedure. Our recommendation is to close as no finding on all three allegations.

Unable to make contact with the complainant.



PANEL MEMBER McALILEY: I wanted to note that the complainant was supposed to

be involved in a robbery in Coconut Grove. He was on a motor scooter, a motorcycle,

and he was stopped by police officers, he got six traffic tickets, but apparently was never charged

with the robbery. They never found a gun. And it seems that the complainant got a bad deal, in

my opinion. It was an alleged robbery. His scooter was towed. He was left in the middle of the

night, I don't know, two, three in the morning, in an area near Coconut Grove. And it just didn't

seem like the right thing to do to this man. And he was never accused of a robbery, but that's

what they stopped him for and he suffered quite a

bit from it.

CHAIRPERSON SHAPIRO: This is a 2008 case.

MR. WOLF: It is.

PANEL MEMBER McALILEY: 2006.

MR. WOLF: Or 2006, yes. It just has a 2008 case number.

CHAIRPERSON SHAPIRO: Well, in its procedural history, it says we got the case in March of

'08.

MR. WOLF: The date on the memorandum to the Internal Affairs Division up through channels

was dated February 6, 2008, and the allegations took place in September 19th of 2006.

CHAIRPERSON SHAPIRO: 2006. I know that.

MR. WOLF: I think what made this case a little more difficult for the arresting officer is that the

victim, the alleged victim of this robbery, left the scene prior to them being able to do any further

investigation.

CHAIRPERSON SHAPIRO: So there was no identification of the alleged act?



MR. WOLF: Correct.

CHAIRPERSON SHAPIRO: Thank you. We had adopted that --

MR. WOLF: Okay.

CHAIRPERSON SHAPIRO: --before Ms. McAliley's comments.

PANEL MEMBER McALILEY: It's just troubling what happens to some citizens in

the middle of the night. He got a very harsh outcome from something that apparently he was not

involved in.

CHAIRPERSON SHAPIRO: Let me inquire, Ms. McAliley. Are you asking the

investigators to pursue Mr. Hoskins further?

PANEL MEMBER McALILEY: I don't know what we can do if we are unable to reach

Mr. Hoskins. It's just you see these things. There's not a lot that we can do if we can't find the

complainant.

VICE CHAIRMAN DE LA GUARDIA: Would you like to have the case rolled over one

month?

PANEL MEMBER McALILEY: I don't know for what purpose. Do you think we can do anything

more with this, Mr. Wolf?

MR. WOLF: I think that Internal Affairs did a fairly good job of investigating this case based

upon what they had. They checked the vehicles for damage. They didn't find any damage on the

police cars. They checked the scooter for damage. Apparently, the gentleman got the vehicle

re-painted and re-decaled shortly after this incident occurred.

I don't know how you prove or disprove the allegation as stated.

PANEL MEMBER REBULL: Let me just add that --I mean, I don't think I heard you

mention that his allegations were that he was put in the back seat of the car, and the heater was

turned on causing difficulty breathing and that he was hit --his scooter was hit by the police car.

And I think those were the allegations primarily that were investigated by Internal Affairs, not

whether or not he, in fact, was wrongfully detained or wrongfully accused of being a robbery

suspect. It's just sort of along the lines of not what we do in terms of the guilt or innocence of a

person: "I didn't do what they're accusing me of

doing." That's not what we do as far as the CIP is concerned.

MR. MAYS: That's absolutely correct, Mr. Rebull. That's an issue that goes to another forum,

and that's not us.

PANEL MEMBER REBULL: I mean, if we could find him, and he wants to say that,

you know, the heater was turned on, he had difficulty breathing, I would imagine -- as I recall,

they looked for physical evidence of the car having hit the scooter, right?

MR. WOLF: That's right.

PANEL MEMBER REBULL: And they didn't find any evidence.

MR. WOLF: They didn't find any.

PANEL MEMBER REBULL: So, as chair of the committee, I'm going to support the

committee's recommendation.

BOARD MEMBER SHIVER: Madam Chair, if I may. I can contact Derrick Hoskins. Whether I

can get him to come in is a different question, but I can contact the individual. This is a Coconut

Grove case. I happen to be a lifetime Grove-ite. And I know this guy. Whether I can get him in is

a different question, but I can make contact with this individual. So I want to know if that can

assist --any way that can assist, I can at least make contact with the individual.

MR. WOLF: If you can make contact with him, and he wants to pursue this complaint, we'd be

more than happy to talk to him to try and prove or disprove his allegation.

MR. MAYS: Mr. Wolf, respectfully, that still doesn't go to the primary issue as to whether or not

the police struck his scooter and those sorts of things, et cetera. But whatever the will of the

panel.

VICE CHAIRMAN DE LA GUARDIA: Madam Chair, I'd like to make a motion to roll

this over one month so we can bring him in and address it that way.

CHAIRPERSON SHAPIRO: Is there a second?

PANEL MEMBER McALILEY: I second that.

CHAIRPERSON SHAPIRO: Is there discussion?

PANEL MEMBER REBULL: I'm just going to explain my vote. That I'm voting no, because I



think this was fully vetted in the complaint committee. I don't think -- even if his testimony is,

"They put me in the back seat, turned on the heater," and the officer says, "No, I didn't," it's no

different than any other case where we have conflicting versions of evidence like that and no

other evidence to corroborate the allegations. So even assuming we had his testimony to that

effect, unless he gives us evidence independent of that, it doesn't change the evidence that we had

for the allegation.

CHAIRPERSON SHAPIRO: I would agree, but I'm reading this --and I'm going to

explain why I'm going to vote yes. I'm reading this and it says they couldn't contact him. And

now we have a panel member that says, "Oh, well, I know how to contact him." And if Mr.

Hoskins says, after he's contacted, "Bye, thank you, I don't want to talk about this," then we

accept that. But I think there is, in terms of the trade, Mr. Rebull, new evidence, we have

someone who can contact him.

PANEL MEMBER McALILEY: And the - I know the scooter was painted, so they couldn't

determine whether there had been any damage, alleged damage by the police

car. But my concern is, he suffered badly because somebody said "That guy tried to rob me," but

they never charged him with robbery. They never found any gun or anything. And he was --had

his transportation taken away. He got six traffic tickets, and I don't know what that cost him, and

he was left there in the middle of the night. And that bothers me.

CHAIRPERSON SHAPIRO: It's not my intention to reopen the complaint subcommittee

discussion. There is a motion on the table to roll this for one more month to give the staff and

Mr. Shiver an opportunity to try to contact Mr. Hoskins. That's the only motion I'm taking, and

that's been seconded. Those in favor?

ALL PANEL MEMBERS COLLECTIVELY: Aye.

CHAIRPERSON SHAPIRO: Those opposed?

PANEL MEMBER COBITZ: No.

PANEL MEMBER REBULL: Nay.

CHAIRPERSON SHAPIRO: Two nays. So recorded. We will roll it till next

month. Next case.


Case: Adnan Swani CIP # 08-064 IA # 07-221


Marcel Jackson #27415

Allegation(s):

Abusive Treatment

Discourtesy

Mr. Swani claims that on September 23, 2007 at 3:00 am, Officer Jackson

stopped him for a traffic violation on Miami Ave and 11th Street and made him

stand in the rain while he prepared the citation. Mr. Swani claimed that after he

received the citation and drove off, he was again stopped by Officer Jackson and

another unknown officer. Mr. Swani claimed that Officer Jackson pulled him out

of his vehicle by his neck and slammed him up against the car. Reportedly,

Officer Jackson stated, "You think you're a bad ass," and slapped him across the

face. Mr. Swani was then handcuffed and placed in the back of Officer Jackson's

police vehicle. Mr. Swani was issued additional tickets and then released. The

incident was investigated by Internal Affairs and closed as "Inconclusive" on the

allegation of Abusive Treatment and "Substantiated" on an additional

allegation of Discourtesy. Officer Jackson denied grabbing Mr. Swani by the



neck or punch, kick, hit or strike Mr. Swani.

Recommendation(s):

Close as No Finding on the allegation of Abusive treatment. The CIP was unable

to make contact with the complainant. Close as Sustained on the allegation of

Discourtesy. Officer Milligan stated in a sworn statement that he heard Officer

Jackson state to Mr. Swani to, "get the fuck back to the vehicle." Officer Marcel

Jackson will be added to monitor list.

Procedural History:



04-10-08 CIP sends electronic mail to complainant. No response received



05-12-08 CIP sends Invitation for Interview to Officer Jackson. No response

received.






Moore and McAliley


MR. WOLF: 08-064, IA 07-221. Complainant's name is Adnan Swani. The

involved officer is Marcel Jackson, #27415. Our recommendation is to close as

no finding on the allegation of abusive treatment and closed as sustained on the

allegation of discourtesy. In addition, adding Officer Jackson to the monitoring

list.


PANEL MEMBER McALILEY: I move -- Madam Chair, I second it, but I want to

note that since January of 2007 through March of 2008, he has had a combination of nine

reprimands substantiated or inconclusive citizen complaints. I wonder if he is on the Incident

Tracking System of the MPD, and if he should be added to our monitoring system.

CHAIRPERSON SHAPIRO: Well, that's part of the recommendation, is that he be

added to the monitoring list.

MR. WOLF: Ms. McAliley, I'm looking into the Incident Tracking System. You've

made mention of that at the complaint subcommittee, and also my recommendation is to add him

to the monitoring list.

PANEL MEMBER McALILEY: Well, I think he should be on both lists. Are we still

having difficulty finding out who's on the Incident Tracking System of the Miami Police

Department?



MR. WOLF: Difficulty is an interesting word. I'd say there's a time frame that I'd like to shorten.

It's a long time before we get certain documents, and I'd like to shorten that time, and Mr. Mays

and I are working on that.

PANEL MEMBER McALILEY: I would be interested, Madam Chair, in a report on

the results of that effort to do that, to get that information.

MR. WOLF: Okay.

CHAIRPERSON SHAPIRO: There being no objection, the recommendation is adopted.

Next case.


Case: Lucia Hernandez CIP# 07-150 IA# 07-094


Lt. Edmond Croughwell #1267

Allegations:

Abusive Treatment

Discourtesy

The complainant, Ms. Lucia Hernandez, stated that on February 17, 2007, she

and her partner, Ms. Elizabeth Hernandez, were at Gauchos Auto Mechanics,

3240 N.W. 36th St., where Ms. Hernandez had illegally parked her automobile.

Lt. Croughwell was requesting over his loud speaker that people move their

illegally parked vehicles. After requesting a driver's license from Ms.

Hernandez., Lt. Croughwell informed her that her license had a restriction

requiring corrective lenses. She could not produce her eye glasses. Lt.

Croughwell told her that she was under arrest. At this time, the complainant

intervened and told Lt. Croughwell that he could not arrest Ms. Hernandez for

not having glasses. The complainant alleges that Lt. Croughwell threw her to the

ground, placed a knee on her back, handcuffed her, and uttered “shut up you

stupid dike”. The incident was investigated by Internal Affairs and closed with a

finding of Cleared on the allegations of Abusive Treatment and Discourtesy.

Recommendation (s):

Close as Exonerated on the allegations of Discourtesy and Abusive Treatment.

An independent witness, Mr. Gilsolei Liz stated that the complainant threw

herself to the ground, and that he witnessed no abusive treatment. A second

independent witness, Mr. Miguel Herrera, stated that the complainant was

“acting crazy”, and that he was eight feet away and did not hear any profanity or

disrespectful comments.

Procedural History:


09-06-07 10-Day letter sent (no return)



04/15/08 CIP Investigator Cabanillas contacted the complainant who stated

that she did not wish to proceed with her complaint.




EXONERATED PASSED by the following vote.


Moore and McAliley


MR. WOLF: The next case is 07-150, IA #07-094. The complainant's name is

Lucia Hernandez. The involved officer is Lt. Edmond Croughwell, #1267. Recommendation is to

close as exonerated on the allegation of discourtesy and

abusive treatment.



CHAIRPERSON SHAPIRO: There being no further discussion, the recommendation is

adopted.


Case: Miami-Dade State Attorney CIP # 08-092 IA # 07-A024


City Attorney Jorge L. Fernandez

Allegation(s):

Misconduct

Recommendation(s):

Close as No Finding on Misconduct (Summary Disposition). The complaint is

against a former City of Miami employee that did not work for the Police

Department.




Moore and McAliley


MR. WOLF: The remainder of the cases are summary dispositions. I believe there's 10 of those,

and I'll go through them by case number and name if you prefer.

CHAIRPERSON SHAPIRO: Please go through them and we will make a motion

following the reading of all. Then you can just go through them. They don't require an individual

motion.

MR. WOLF: Okay. First case is 08-092. The case is titled Miami-Dade State Attorney. The

involved employee is city attorney --former city attorney Jorge Fernandez. Our recommendation

is no finding. Case number 08-065. Case name is Patrice Maxwell. The involved officer is



Michael Ragusa. Case name, City of Miami, case Number 08-093. The involved employee is

Florinda Ochoa. Case Name, Tangela Sands, Number 08-063. Involved Officer is Priscilla

Millar, who's a civilian employee. Next case is Ruthie Wright, Case Number 08-066. The

involved officer is a communications assistant by the name of Sharon Jones. Next case is City of

Miami, Case Number 08-081. It's involved employee PSA Diane McKnight, civilian employee.

The next case is Bartholomew

Gunderman, Case Number 07-133. And the involved staff is the Internal Affairs Division. The

next case is Carl Bryant, Case Number 08-020, and the involved officer is

Victor Rozier. Next case is Edwin Deshazior, 08-077. Involved officers are Raynier Rodriguez,

Reynold Philippe, Wayne Cooper, Steven Johnson and Marilyn Cooper.

Next case is Jorge Cardozo, Number 08-012. Involved Officer is Glenn Maura. Next case is

Amalio Carneiro, Number 08-116. Involved officer is Lester Bohnenblust. And the final case is

Winsome Fletcher, Number 08-151. Involved officers, first name unknown Perezo; second

person is first name unknown Ramon; then Kate Abia; Ivan Moreno; Herminia Salas, Dennis

Jacobson. That completes the summary dispositions.



CHAIRPERSON SHAPIRO: Hearing no discussion, the summaries are accepted and

recommendations thereto accepted. I want to point out, because I want the public to understand

this, that, yes, there are civilians working for the City of Miami Police Department. This panel

has no jurisdiction or authority to investigate civilian employees of the department. We only

investigate sworn officers of the department, I might add

all of them, but we do investigate only sworn officers of the department.

MR. WOLF: Thank you.

MR. MAYS: Including the police chief.

CHAIRPERSON SHAPIRO: I said all of them, counsel.


Case: Patrice E. Maxwell CIP # 08-065 IA # 06-148s


Michael Ragusa #5859

Allegation(s):

Discourtesy

Recommendation(s):


against a former City of Miami police officer.


Case: City of Miami CIP # 08-093 IA # 07-293


Florinda Ocoha (Civilian Employee)

Allegation(s):

Misconduct

Recommendation(s):




against non sworn civilian employee.


Case: Tangela Sands CIP # 08-063 IA # 07-228


Priscilla Millar (Civilian Employee)

Allegation(s):

Improper Procedure

Recommendation(s):


against a City of Miami civilian employee


Case: Ruthie Wright CIP # 08-066 IA # 06-223s


Sharon Jones #3335 (Communications Assistant)

Allegation(s):

Improper Procedure

Recommendation(s):


against a City of Miami Police civilian employee


Case: City of Miami CIP # 08-081 IA # 07-253


PSA Diane McKnight #28380 (Civilian Employee)

Allegation(s):

Misconduct

Recommendation(s):


against non sworn civilian employee.


Case: Bartholomew Gunderman CIP # 07-133 IA # 03-363




MPD Internal Affairs Division

Allegation(s):

Misconduct

Recommendation(s):

Close as No Finding on Misconduct (Summary Disposition). The complaint was

submitted to the CIP on May 22, 2007. The incident giving rise to the complaint

occurred in on September 17, 2003.


Case: Carl Bryant CIP # 08-020 IA # 07-047-S


Victor Rozier #0684

Allegation(s):

Neglect of Duty

Recommendation(s):

Close as No Finding on Neglect of Duty (Summary Disposition). The complaint

has no objective basis to proceed with investigation.


Case: Edwin Deshazior CIP # 08-077 IA # 07-052N


Raynier Rodriguez, #5966

Reynold Philippe, #5686

Wayne Cooper, #1205

Steven Johnson, #3486

Marilyn Cooper, #1200

Allegation(s):

None. Cx states officers gave conflicting testimony in depositions.

Recommendation(s):

Close as No Finding (Summary Disposition). The complaint has no objective

basis to proceed with investigation.


Case: Jorge Cardozo CIP # 08-012 IA # N/A


Glenn Maura, #4491



Allegation(s):

Neglect of Duty

Recommendation(s):

Close as No Finding on Neglect of Duty (Summary Disposition). The complaint

has no objective basis to proceed with investigation. The Complainant left his car

in storage, and it was converted to use by the person caring for it. The officer

was pursuing a criminal investigation, but was reassigned. This is a civil case,

per Mr. Mays, CIP Legal Counsel.


Case: Amalio Carneiro CIP # 08-116 IA # 03-306s


Lester Bohnenblust #0464

Allegation(s):

Discourtesy

Recommendation(s):

Close as No Finding on Discourtesy (Summary Disposition). The complaint has

no objective basis to proceed with investigation. Additionally the CIP was unable

to contact the Complainant.


Case: Winsome Fletcher CIP # 08-151 IA # N/A


FNU Perezo, (none listed)

FNU Roman, (4 listed)

Kate Abia, #27101

Ivan. Moreno, #27908

Herminia Salas, #6268

Dennis Jacobson, #3359

Allegation(s):

None

Recommendation(s):

Close as No Finding (Summary Disposition). The Complaint has no objective

basis to proceed with investigation. The Complainant makes the general

statement that many of the officers who respond to her calls are men who have

raped her in the past. The Complainant lists the above officer's names in her

complaint, but makes no allegations whatsoever with reference to any particular

officer.



PUBLIC FORUM

CHAIRPERSON SHAPIRO: This is the time when we hear from the public. There is not much

gathering of the public here, but I would like Ms. Delancy to introduce one of the members of the

public who has joined us this evening.

Would you do that, please.

PANEL MEMBER DELANCY: Sure. Thank you. My daughter is here just to observe.

She's just really tagging around, having a good time. Her name is Jalyn Delancy. She's 14.

CHAIRPERSON SHAPIRO: We welcome her to observe what we do, so she'll know

where her mother is. You remember that commercial, do you know where your kids

are. Well, now you know where your mother is. My report is brief. We have met with

the Budget Department, and we have carried out the mandate of the budget subcommittee

and submitted the budget to the powers that be. It is now in the pipeline. I think that the budget

subcommittee - I want to thank for doing the most difficult job that we have of the panel. And I

don't have a report on where that's going to go, other than for full consideration by the city

manager and the head of the department. I will tell you that there seemed to be recognition that

this panel came to be because the residents and the

citizens of the City of Miami voted to create us. And in that regard, we stand alone. We are the

only panel, the only board of the City of Miami, that is such because of a vote of the residents.

That should have some meaning and some weight. We all share the concern, that if our budget is

not approved, the work of the panel will, in fact, suffer. And, historically, where civilian

oversight is not fully funded, those review boards and

those panels nationally are less effective. We can only hope that in the City of Miami that will not

be the case. We are doing our best. And as your Chair, I will meet with each commissioner, and

with the city manager and hopefully with the mayor long before there's a vote on this budget. I

said it would be brief. These are panel items that I believe

Mr. Schwerert wanted addressed, but Mr. Schwerert is not here and he has a special vision on

what he wanted to discuss, so I would defer this until the July meeting.

MS. RICHARDSON: Yes, I would think so.

CHAIRPERSON'S REPORT

2009 Proposed Budget Update

PANEL ITEMS

Badges for Investigators

Length of Panel Meetings

ADMINISTRATIVE ISSUES

Panel Speaker Protocol

CHAIRPERSON SHAPIRO: I would think so. It's your turn, Ms. Richardson.

MS. RICHARDSON: Thank you, Madam Chair. In regard to the two items I have,

they're very, very brief also. You've asked that I frequently provide reminders to the panel as it

relates to different items. In this month, it's regarding the protocol as it relates to who speaks for

the CIP. The bylaws provides that the Chair is the principal spokesperson on behalf of the CIP.

In her absence, Ms. Shapiro has set forth the following persons to speak and in this order: The

Vice Chair, Independent Counsel. And then if nobody can be found, and nobody else is around,

then the Executive Director, which I try to stay away from. Again, this is just a friendly reminder.

It's not based

upon anything that has happened, but in the event that we have upcoming events, we just thought



this would be a good reminder for this month.

Panel Memberships

MS. RICHARDSON: As it relates to panel membership, as you all know, there were names

submitted to the City Commission a couple of months ago that have not been ratified by the

commission. Ms. Shapiro has asked that the nominating committee convene to solicit and screen

additional applicants. An announcement will be placed in the various newspapers, names of all

incumbents will be forwarded to the commission, along with recommendations, if any, made by

the nominating committee for ratification. Those are my --those conclude my announcements,

Madam Chair.

CHAIRPERSON SHAPIRO: Thank you. I would ask, lest anyone not know, that I have, in fact,

named a nominating committee for the sole task of seeking applications for the panel. I have

named Michele Delancy as its chair; I've asked Mr. Rebull to serve, and I've asked Ms.

Weintraub to serve and all have accepted that charge. And I'm very appreciative of that.

PANEL MEMBER McALILEY: Other than Ms. Delancy and Ms. Weintraub, who's the

other person?

CHAIRPERSON SHAPIRO: Mr. Rebull.

MS. RICHARDSON: And also each of you will be receiving that announcement via

e-mail tomorrow.



COMMITTEE REPORTS

Outreach

CHAIRPERSON SHAPIRO: Committee reports. Ms. McElroy, Outreach.

PANEL MEMBER McELROY: Thank you,Madam Chair. At the last meeting of the Outreach

Committee, we did meet with Gordon Diaz Balart to provide consulting and outreach services

for us, and I'm going to call on our staff, Ms. Abia, to give our report,

if you would please.

MS. ABIA: Yes, good evening, members. Yes, the Outreach Committee met on June 4th. And at

that meeting, the chairperson and members had an opportunity to meet with Mr. Seth Gordon,

who's the managing partner of Gordon Diaz Balart, the communications and public affairs firm

that was approved as consultants for the CIP's outreach initiatives. He did give us some of his

insight and vision, and the members also shared what they thought was important for us to do in

our outreach projects. A 30-second public service

announcement has been prepared, with the assistance of the office of communications, and that

is ready for airing. We are also in the process of drafting letters to the various media in order for

them to give us an opportunity to air that PSA. We also have had opportunities to give

presentations at community group meetings, one of them being the

Communities United, which is a community organization. The chairperson also gave

a presentation and information on the CIP at the 2008 Miami Police Department Citizens

Police Academy, and we have been invited to attend a meeting of the Urban Empowerment

Corporation this month, on June 19th, here at City Hall. And as we receive more of these

invitations and identify groups to give presentations, we'd like to send these e-mails out to the

members for our members to join us at these meetings. That's it for the report.

CHAIRPERSON SHAPIRO: Thank you, Ms. Abia. Thank you, Ms. McElroy.

MS. RICHARDSON: Madam Chair.


MS. RICHARDSON: Just also a point of note on the outreach. For all those

outreach activities, whether we can get panel members or not, staff will be attending those

outreach meetings.

CHAIRPERSON SHAPIRO: I appreciate that. Thank you.

Policies & Procedures

Motion by Member Cobitz, seconded by Member Shiver, to APPROVED PASSED by the

following vote.


Moore and McAliley


CHAIRPERSON SHAPIRO: Policies & Procedures. There was to be a meeting today. Mr.

Shiver had to make a choice. Did he feel well enough to make two meetings, but he struggled and

he made the important one. I also at this point want to thank Mr. Cobitz and Ms. Weintraub, who

have been faithful attendees at the police academy, and they had to make a choice, too, whether

to be here or to be at the police academy and we urged them to be here and here they are.

MR. MARCH: Don March, Research Analyst. There was one item that came into us

just before the May meeting, and not in time to prepare a decision package, and that was

departmental order change concerning uniforms, equipment and dress. I reported to the

subcommittee that this is an issue that is not likely to be of concern or interest to the panel,

except for one area, and that has to do with the identification that appears on

the uniforms. And I did report to them, that were there to be a change in that area, that I would

bring it back. I then reviewed the departmental order. It's rather lengthy, and it was

not in struck-underline format, because the entire departmental order was rewritten, but I

discovered that the provision concerning the name tapes, the sewn-on name tapes had, in fact,

been revised. I've provided you a copy. And the new revision suggests that it is discretionary,



that instead of having a sewn-on nameplate, that an officer can have a pin-on nameplate that

can be taken off. That has been the subject of police abuse cases in the past, where it was

alleged, and established in some cases, where officers did, in fact, remove their nameplates and

then became involved in a form of misconduct. Therefore, I've prepared a resolution for the

subcommittee, but I was instructed to go ahead and bring it to the panel as a whole, because it is

a pretty straightforward matter. And it states, Departmental Order 14, Chapter 1. This is a

recommendation as to --a recommendation that could be made by the panel. Departmental

Order 14, Chapter 1 should not be revised so as to make the manner in which an officer's name

is displayed on a police uniform discretionary through either a sewn-on name tag or a

removable pin-on name plate, but rather the language should remain the same as in the order

dated April of '06. "Name tapes will be sewn on the right shirt pocket and on the right rear

pocket of Class C utility trousers." That's the original language, and the recommendation is that

go forth as a recommendation, that it should stay the same.

CHAIRPERSON SHAPIRO: Thank you, Mr. March. I wanted to --I reserved my

comment until this portion of the meeting, and would point out to my colleagues that

on three occasions in Mr. Wolf's report, the officer couldn't be identified. And I remember well

from the FTAA, that one of our basic concern was the ability to clearly identify officers. And I

would support the recommendation, because anything that in any way makes it a choice as to

whether to have clear identification sewn onto the shirt or the back of the officer, flies in the face

of what we learned from the FTAA and from these three cases that I heard tonight tell us.


PANEL MEMBER SHIVER: Second for discussion.


PANEL MEMBER SHIVER: Clearly straightforward, and I think it's welcomed. Is there anything

in the language that discusses that the name tag has to contrast with the uniform to make it more

visible? In fact, I don't want, for example, an officer to have a black shirt

and a black name tag.

MR. MARCH: Yes. It says police officer's name tapes will be bordered in white, and the practice

has been that it's clearly discernible. In fact, the pin-on nameplates are more often likely to not

be discernible, because sometimes they get the solid metal, and it's just engraved, and it's very

difficult to pick out. But the name tapes, the practice has always

been with this agency that you can readily read the name.

PANEL MEMBER SHIVER: Right. And so if it's bordered in white and the shirt is

white, do we have a problem?

MR. MARCH: Well, I can just tell you from the practice with this agency, no, because what it

says --it may have a border, but it's always been a black clearly discernible name. It's in gold for

the brass. And sergeants and above, it's gold. And for the officers, it's

white.

PANEL MEMBER SHIVER: And, like you said, clearly discernible is the language that I --

MR. MARCH: No. Madam Chair, there can be an amendment to the proposed

resolution words to the effect that the name be clearly discernible.

CHAIRPERSON SHAPIRO: Well, Mr. Cobitz made the motion, and to amend it,

he would have to agree.

PANEL MEMBER COBITZ: I think it's fine the way it's written.

CHAIRPERSON SHAPIRO: Hearing no further discussion, those in favor?

ALL PANEL MEMBERS COLLECTIVELY: Aye.

CHAIRPERSON SHAPIRO: Those opposed? The recommendation is adopted. Thank you very

much, Mr. March.

08-00710G.2.1 DISCUSSION ITEM

DO 14 Chapter 1 - Uniforms, Equipment and Dress.pdf

ANNOUNCEMENTS


http://egov.ci.miami.fl.us/Legistarweb/Attachments/44027.pdf


Next Meeting:

July 15, 2008

CIP Conference Room

CHAIRPERSON SHAPIRO: I know that July is vacation month for you, Ms. McAliley, and we

will miss you, but our next meeting is July 15th at the CIP conference room. I wish you guys

speed. I hope everybody has whatever vacation time open to them and enjoys it. And I will see

you those who are here on the 15th.

PANEL MEMBER MOORE: Madam Chair.

CHAIRPERSON SHAPIRO: Yes, Mr. Moore.

PANEL MEMBER MOORE: Just one question. I think the entire panel was concerned after

testimony recently of Ms. Pratt-Moore, when she was talking about the holding facilities and I

think we discussed briefly the possibility of our making a visit to these facilities. And I just

wondered if any further consideration had been given recently to that.

MR. MAYS: Yes. I've communicated that concern with the attorney for the corrections

department. And I'm having a mental blank right now. However, he was at my house Saturday

night, and it's embarrassing.

PANEL MEMBER COBITZ: Something you want to disclose?

MR. MAYS: But we're in the process of bringing that about, and that will come

about and it will come about at a time that Ms. McAliley is back in town, but she's going to be

away in July, so we'll try to do that in August.

PANEL MEMBER MOORE: Thank you.

CHAIRPERSON SHAPIRO: There being nothing further -

MS. RICHARDSON: One other announcement, Madam Chair, if you please

indulge me a moment. You all received in the mail from the city clerk, Priscilla Thompson,

financial disclosure forms. They are due July 1st. Please make sure that they are back there in

time. If you need us to get them there, we will, but please make sure that

we meet the July 1 deadline so we don't get the letters that we got last year because we did not.

Thank you.

CHAIRPERSON SHAPIRO: (Inaudible) for letters we got last year, Ms. Richardson. Point well

taken. Please get your forms, your financial disclosure forms, into the clerk. There being no

further discussion, at 7:10, this meeting is adjourned. (Thereupon, the meeting was adjourned at

7:10 p.m.)


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