Sec. 2-11.41. Legislative intent and purpose; liberal construction.
The purpose of this article is to create a mechanism for external community fact-finding and dispute resolution. It is the intent of the Board of County Commissioners that the impartial review panel created by this article conduct independent reviews and hold public hearings concerning serious complaints or grievances made against an employee, agency or instrumentality of Miami-Dade County. It is also the intent of the Board of County Commissioners that the Independent Review Panel conduct hearings as provided in Chapter 2, Article LXXI of the Code where there is a complaint of retaliation for the disclosure of specific information. The provisions of this article shall be liberally construed to accomplish these legislative objectives.
(Ord. No. 80-8, § 1, 2-19-80; Ord. No. 96-41, § 2, 3-5-96)
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Sec. 2-11.42. Created, established.
There is hereby created and established an Independent Review Panel (hereinafter referred to as the "Panel") pursuant to Section 4.08(a) of the Miami-Dade County Home Rule Charter.
(Ord. No. 80-8, § 2, 2-19-80)
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Sec. 2-11.43. Composition; appointment and terms of office; compensation, oath; attendance at meetings, vacancies.
(A) The Panel shall consist of nine (9) members, each of whom is a qualified elector of Miami-Dade County and possesses a reputation for civic pride, integrity, responsibility and has demonstrated an active interest in public affairs and service.
(1) Members:
(a) In order to secure representative membership on the Panel, each of the following five (5) community groups or organizations shall submit a list containing the names of three (3) qualified persons [and] the Board of County Commissioners shall select one (1) panel member from each of the five (5) lists:
(i) The Community Relations Board.
(ii) The Community Action Agency.
(iii) The Miami-Dade County League of Women Voters.
(iv) The Miami-Dade County Bar Association.
(v) The Miami-Dade Police Chiefs' Association. Each nominee by the Miami-Dade Police Chiefs' Association shall be an Association member. In the event the Panel is investigating an incident involving the jurisdiction employing this appointee, the Miami-Dade Police Chiefs' Association shall submit the names of three (3) different members for an appointment as a substitute until the conclusion of the investigation. In the event that none of the three (3) nominees meets with County Commission approval, the nominating entity shall submit another and entirely different list for Commission consideration. This process shall continue until a member has been appointed.
(b) In addition to the five (5) Panel members selected in accordance with the preceding subparagraph (a) of paragraph (1) of this subsection, four (4) members shall be appointed by the Panel based on consensus of integrity and community representation, considering ethnocultural and gender balance.
The foregoing appointments shall constitute the membership of the Panel, and each member shall serve for a period of three (3) years. The Board of County Commissioners may extend this term if necessary to complete any pending investigation(s).
(2) Nonpermanent members. In addition to the foregoing, former Panel members may serve as substitute Panel members given advanced notice of absence of current members or vacancy pending appointment.
(B) Members of the Panel shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their official duties as shall be determined and approved by the Board of County Commissioners. Before entering upon the duties of office, each member shall submit written acceptance of appointment and subscribe to the oath of office prescribed by law, which shall be filed in the Office of the Clerk of the County Commission.
(C) Any Panel member shall be automatically removed if absent for three (3) consecutive meetings without a satisfactory excuse or if absent from more than one-half of the Panel's meetings during his or her term of office. A Panel member shall be deemed absent from a meeting when not present at the meeting at least seventy-five (75) percent of the time. The provisions of this section may be waived by a two-thirds vote of the members of the full Board of County Commissioners. Any vacancy shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy shall serve for three (3) years from the date of appointment.
(Ord. No. 80-8, § 4, 2-19-80; Ord. No. 81-44, § 1, 4-21-81; Ord. No. 97-86, § 1, 6-5-97)
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Sec. 2-11.44. Organization and procedures.
(a) The members of the Panel shall select a chairperson to serve at the pleasure of the Panel, together with such other officers as may be deemed necessary by the Panel.
(b) A simple majority of the constituted members of the Panel attending a Panel meeting or hearing shall constitute a quorum.
(c) All action by the Panel shall be by majority vote.
(d) All Panel proceedings shall be conducted in accordance with the [Government-in-the-] Sunshine Law, Section 286.011, Florida Statutes.
(e) All Panel proceedings shall be conducted in accordance with the provisions of the Citizens' Bill of Rights of the Miami-Dade County Home Rule Charter.
(f) The Panel shall be deemed an "agency" for purpose of compliance with the Public Records Law, Chapter 119, Florida Statutes.
(Ord. No. 80-8, § 6, 2-19-80)
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Sec. 2-11.45. Authority and powers generally.
(a) The Panel may hold public hearings, make factual determinations, draw conclusions, propose recommendations, and prepare interim and final reports on matters relating to serious complaints or grievances made against an employee, agency or instrumentality of Miami-Dade County. The Panel may also hold hearings, render findings of fact and conclusions of law and issue recommendations, as provided in Chapter 2, Article LXXI of the Code. The Panel shall have the authority and responsibility to determine whether complaints or grievances are sufficiently serious to institute a review process.
(b) The Panel may adopt, promulgate, amend and rescind such rules of procedure as may be necessary to exercise its authority; provided, however, that no rules shall conflict with the provisions of this article.
(c) The Panel may demand, examine and duplicate public records and documents in accordance with the provisions of Chapter 119, Florida Statutes, as may be amended from time to time.
(d) The Panel may enter and inspect any premises under the jurisdiction or control of Miami-Dade County or any of its agencies or instrumentalities.
(e) The Panel may request any person, including the supervisor of the Internal Review Section of the Miami-Dade Police Department, to give sworn testimony or to produce documentary or other evidence.
(f) The Panel may conduct or participate in conferences, inquiries, meetings or studies.
(g) The Panel may request the County Attorney to render opinions relating to its duties, jurisdiction or power.
(h) The Panel shall not interfere with any ongoing criminal investigation of the State Attorney.
(Ord. No. 80-8, § 3, 2-19-80; Ord. No. 96-41, § 2, 3-5-96)
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Sec. 2-11.46. Panel proceedings.
Panel members shall meet with staff from time to time:
(1) To consider the County's complaint review processes and investigatory activities designed to serve the public; and
(2) To consider whether any complaint or grievance filed with the Panel is sufficiently serious to merit review by the full Panel.
Full panel meetings shall be scheduled monthly and with appropriate notice given to the public.
(Ord. No. 80-8, § 5, 2-19-80; Ord. No. 81-44, § 2, 4-21-81; Ord. No. 97-86, § 2, 6-5-97)
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Sec. 2-11.47. Interim reports during pending review.
At least every thirty (30) days, the Panel shall receive interim reports from staff with regard to each pending review.
(Ord. No. 80-8, § 7, 2-19-80; Ord. No. 97-86, § 3, 6-5-97)
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Sec. 2-11.48. Final reports on matters reviewed; referral for further proceedings.
The Panel shall publish a final report with regard to each matter reviewed. Said final report shall be transmitted simultaneously to the Board of County Commissioners, the County Manager and the director of the concerned County department. If the Panel has reason to believe that any public official, employee or other person warrants criminal or disciplinary proceedings, it shall refer the matter to the appropriate governmental authorities.
(Ord. No. 80-8, § 8, 2-19-80)
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Sec. 2-11.49. Simultaneous reviews.
The Panel may review more than one (1) incident at the same time.
(Ord. No. 80-8, § 11, 2-19-80; Ord. No. 97-86, § 4, 6-5-97)
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Sec. 2-11.50. Immunity of Panel members from suit.
The Panel members shall be, to the full extent permitted by law, immune from any suit based upon any action or report undertaken within the scope of the Panel's duties or powers as provided in this article.
(Ord. No. 80-8, § 9, 2-19-80)
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Sec. 2-11.51. Physical facilities and staff.
(a) Office space, etc.; auditorium. The County shall provide the Panel with appropriately located office space and auditorium facilities together with necessary office supplies, equipment and furnishings.
(b)The Board of County Commissioners shall appoint an Executive Director from 3 nominees provided by the Independent Review Panel. The Independent Review Panel shall utilize a competitive selection process when selecting nominees for Executive Director. The Executive Director shall only be removed by the Independent Review Panel. Such removal shall be for good cause upon a majority vote. The Independent Review Panel shall establish the rate of remuneration of the Executive Director in conjunction, concurrence and consensus with the County Manager.<<
(c) Staff. The Executive Director may hire and administer the necessary staff, subject to budgetary allocation by the Board.
(d) Legal counsel. The County Attorney shall provide the Panel with necessary legal counsel.
(e) Research, investigative personnel. The Panel may request the Board to provide such other fact-finding and research personnel as it may determine are necessary from time to time.
(Ord. No. 80-8, § 10, 2-19-80; Ord. No. 81-44, § 3, 4-21-81; Ord. No. 83-19, § 1, 4-19-83; Ord. No. 83-42, § 1, 6-21-83; Ord. No. 97-86, § 5, 6-5-97; Ord. No. 97-130, § 1, 7-22-97)
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Sec. 2-11.52. Municipal utilization of Panel authorized.
At the request of any municipality, on a case-by-case basis or for a time certain, the Panel may assume jurisdiction to consider complaints of citizens against any employee, agency or instrumentality of said municipality. The Panel may proceed to consider, review, investigate and conduct hearings relative to such complaint or grievance. In such event, all references to the County or County officers, employees or representatives shall be determined to be references to the municipality and to the municipal officers, employees or representatives who serve in comparable capacities.
(Ord. No. 80-8, § 12, 2-19-80; Ord. No. 81-44, § 4, 4-21-81; Ord. No. 97-86, § 6, 6-5-97)
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