Creation of The Independent Review Panel (IRP)
The Independent Review Panel (IRP) was created by the Metropolitan Dade County Board of County Commissioners in January, 1980, and was designed to operate autonomously from county government as an independent civilian "watchdog" agency. The unique combination of police review and "ombudsman" functions within one autonomous civilian agency was the result of a delicate balance and compromise that arose out of the community outrage following the McDuffie and LaFleur police shootings and subsequent riots in 1979. The Board conceived this innovative approach as a means to improve community confidence in all aspects of its government.
At the time of the Panel's inception, the community had little confidence in the Miami-Dade Police Department Internal Review process. The average citizen preferred to believe that, given the opportunity, the officers within the Department would do everything possible to "protect" a brother officer. The Board recognized that only if the public is fully informed can it fairly form an opinion as to whether or not the Internal Review process is in fact responsive and effective, and that establishing the Independent Review Panel was necessary to restore community respect and trust in county government. In authorizing review of complaints against any county employee or agency, the Board recognized the importance of enhancing the ability of the citizenry to gain access to an impartial citizen dispute resolution mechanism, where the continued responsiveness of the county government can be monitored and accountability assured.
The Board decided to establish an independent panel which incorporates the most constructive aspects of an ombudsman office with the independence of a civilian review format, to create a civilian watchdog agency in the form of the Independent Review Panel. The County Commission assured the independence and autonomy of the Panel from political or administrative influence by delegating the responsibility for the appointment of the executive director to the chief judicial officer of the Eleventh Judicial Circuit in and for Dade County. The intent of the Board of County Commissioners was to establish a broad-based, permanent Panel to serve for the purpose of investigating questionable administrative practices or policies and employee behavior, and of conducting comprehensive public hearings on matters within the Panel's jurisdiction.
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The Creation of The Rules of Procedure
The Panel's independence from direct political or administrative influence set the Panel apart from any other processes or procedures that existed within Dade County. The Panel members serve without compensation and give freely of their time. Following the creation of the Independent Review Panel, the charter members and the executive director drafted rules of procedure which outlined the stated purposes and goals of the Panel:
It is hereby declared to be the purpose of these rules and procedures to facilitate the Independent Review process in Dade County, Florida which shall be based on due regard for the constitutional rights of all persons and which shall promote the highest possible degree of mutual respect between the agencies, instrumentalities and employees of Dade County and the people of Dade County. These rules provide for the impartial, independent, open and prompt investigation and disposition of complaints and grievances in a manner which protects both the public and the county agencies, instrumentalities or employees who are involved in such complaints. It is a further purpose of these rules to facilitate the ability of the Independent Review Panel to review the established county procedures and policies or general patterns of conduct which give rise to conflict and misunderstanding between the County and the public.
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The Panels Role in Investigation and Review of Complaints
Following its investigation and review of complaints, the Independent Review Panel makes findings and recommendations to the appropriate county authorities regarding revision of policies and procedures, and employee conduct.
The Independent Review Panel is an advisory group, which cannot compel sworn testimony, except in cases of whistle blower retaliation complaints. At its inception, the Board decided that the Independent Review Panel, through its findings and recommendations, could have sufficient input and exert enough pressure on existing agencies so that the investigation would be fair and expeditious. The Panel could accomplish this so long as substantial and continuing support is provided by the County Commission and the County Manager, as well as from the citizens of Miami-Dade County. In essence, the primary goal of the Panel is to allow aggrieved citizens access to internal county governmental investigations. The Panel demonstrates that Miami-Dade County government recognizes that citizens have a right not only to participate in this grievance/complaint review, but also to oversee it through membership on the Independent Review Panel.
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