City of Miami. City Hall 3500 Pan American Drive Miami, FL Meeting Agenda. Tuesday, August 16, :30 PM

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1 City of Miami City Hall 3500 Pan American Drive Miami, FL Meeting Agenda Tuesday, August 16, :30 PM Little Havana NET Office 1300 N.W. 12 th Avenue Miami, FL Civilian Investigative Panel Horacio Stuart Aguirre, Chair Rolando Aedo, Vice-Chair Grace Casas, Secretary Rafael Cabrera, Eileen Damaso, Deidria Davis Ducosse Delva, Mairlyn Lightbourn, Douglas Mayer Alvaro Puente, Anthony L. Robbins, William J. Scarola, III, Daniel Suarez

2 PLEDGE OF ALLEGIANCE ROLL CALL APPROVING THE AGENDA FOR AUGUST 16, 2016 APPROVING THE MINUTES FROM JULY 19, 2016 A. REPORTS A. 1 Chairperson - Horacio S. Aguirre A. 2 Mr. Michael Lucas - Explanation of a New Subpoena Case A. 3 Executive Director - Cristina Beamud - Approval of the CIP Budget A. 4 Independent Counsel - John Quick B. CASE MANAGEMENT It is important for those in attendance and our viewing audience to know that this month, the cases presented before the full Panel have gone through several levels of review; to include a comprehensive analysis by the CIP's Complaints Committee which is obligated to examine complaints, ascertain facts and draw conclusions based on information and evidence presented by staff and complainants prior to making a finding or recommendation. Therefore, the recommended dispositions going forth tonight are those of the CIP Complaints Committee. At the conclusion of an investigation or review into an allegation of misconduct, the CIP renders one of the following findings: * UNFOUNDED: The acts complained of did not occur or were misconstrued. * EXONERATED: The acts occurred, but the review or investigation shows such acts were proper. * NOT SUSTAINED: There were insufficient facts to prove or disprove the allegation. * SUSTAINED: There were sufficient facts to prove the allegations. * NO FINDING: Where the complainant failed to produce information to further the investigation, another agency was responsible and the complaint has been referred to that agency, the complainant withdrew the complaint, the complainant is unavailable to clarify the complaint, the officer is no longer employed by the City, or the CIP did not reach a conclusion. The CIP may also close a case with a classification of No Findings, prior to completing the review process, when it is determined that further action is not warranted. C. INVESTIGATIONS D. NO FINDINGS E. PUBLIC FORUM F. ANNOUNCEMENTS F. 1 Friday, September 9, 2:00pm Complaints Committee Meeting at the CIP Office 970 S.W. 1st. Street; Suite 305 Miami, FL G. 2 Tuesday, September 20, 5:30pm Panel Meeting at City Hall Commissions Chambers 3500 Pan American Drive; Miami, FL G. ADJOURNMENT City of Miami Page 2

3 C. INVESTIGATIONS C. 1 DISCUSSION ITEM Case: Jemny Molina CIP#: IA#: Involved Officer(s): Mayuly Ferrer # Yaosca Vanegas # Allegation(s): Improper Procedure DOI: March 24, 2016 Investigated by: Michael Lucas Procedural History: This complaint was received via on May 12, The complaint was forwarded to Internal Affairs via Legal Advisor George Wysong on the same date. The CIP was notified that the investigation was closed as a Non-Complaint on June 09, Complaint: Ms. Molina alleged that Detective Ferrer and Sergeant Vanegas did not conduct an adequate investigation of a sexual abuse investigation involving her children. She stated that she was told that her children's case was weak and that there wasn't enough probable cause to move her case to court or to arrest Abilio Banos, her stepfather, for allegedly sexually assaulting her two boys. She complained that the police should have interviewed the suspect before he had the opportunity to obtain an attorney. She did not feel that it was proper for the detective to take her children for a medical exam and a forensic interview. Investigation: CIP staff received and reviewed the reports in reference to the alleged sexual assault. The reports indicate that the investigative steps routinely taken in this type of case were followed by the detective, however, the case was declined by the State Attorney's office. The state Attorney's office cited several reasons for declining the case. None of which have anything to do with how the investigation was conducted.the reasons include that this was a one on one allegation, it was a delayed disclosure, the offender invoked his right to counsel, there was no physical evidence and no corroborating witnesses. Department Orders Considered: Departmental Order 9, Chapter 3, Criminal Investigation Procedures Investigators Are Responsible For, But Not Limited To, The Following Preliminary Investigative Steps: City of Miami Page 3

4 1. Responding to and taking control of crime scenes when required and coordinating all aspects of the criminal investigation by observing and recording all conditions, events, and remarks. 2. Coordinating the creation of inner and outer perimeters for the maintenance and protection of the crime scene while arranging for the collection of all evidence. 3. Locating and identifying witnesses. 4. Interviewing the complainant, witnesses and suspects. 5. Conducting area canvass. 6. Releasing BOLO information via police radio. 7. Affecting the arrest of the suspect. 8. Reporting the incident fully and accurately. Recommendation: CIP Staff recommends that the allegation of Improper Procedure be closed as Exonerated because the detective's actions were proper. Detective Ferrer was hired November 19, She has received no citizen complaints and has no use of force incidents noted Investigative Notes: 05/12/2016 The complaint was received via . 05/12/2016 The Executive Director conducted a preliminary review of the case. 05/12/2016 Case assigned to Investigator Lucas for investigation. 05/12/2016 Complaint forwarded to Internal Affairs. 06/15/2016 sent to complainant requesting contact for additional information. 06/16/2016 Received form complainant stating that she wishes to pursue this complaint 07/15/2016 Received entire Internal Affairs file. 07/26/2016 Contact made with the complainant via telephone. 07/27/2016 Case submitted for closure with staff recommendation. 08/05/2016 The Complaints Committee voted to accept staff recommendation. City of Miami Page 4

5 D. NO FINDINGS D. 1 DISCUSSION ITEM Case: Angel Torres-Peraza CIP#: IA#: Involved Officer(s): Gabriel Labrador, Allegation(s): Abusive Treatment DOI: December 16, 2015 Investigated by: Elisabeth Albert Procedural History: On 12/16/2015 Mr. Torres-Peraza responded to the Internal Affairs office to file a formal complaint against Officers Labrador and Margarita Catala (41315). Sergeant Ivonne Valdes (27423) was assigned to investigate the complaint. On 06/01/2016 the allegation of Abusive Treatment against Officer Labrador was closed as Inconclusive because their investigation did not produce an independent witness that could either prove or disprove the allegation, and the complaint against Officer Catala was closed as a Non-Complaint. The IA Report was received by the CIP on 06/07/2016. Complaint: Mr. Torres-Peraza stated that Officer Labrador handcuffed him and asked him if he had any items in his pants pockets that could injure him. Mr. Torres stated he told Officer Labrador that he could not search inside his pockets, at which time Officer Labrador kicked his legs apart and banged his head against the hood of the police vehicle. Mr. Torres-Peraza also alleged that Officer Catala asked him, "Do you want to get shot?" Investigation: Attempts were made unsuccessfully to contact Mr. Torres-Peraza and Officer Labrador. Miami Dade Clerk of Court records show Mr. Torres was charged with Resisting Officer without Violence (nolle prossed) and Loitering and Prowling (nolle prossed). The IA file and Mr. Torres-Peraza's booking photograph were obtained and reviewed. Departmental Orders Considered: Undetermined. City of Miami Page 5

6 Recommendations: CIP Staff recommends that the allegation of Abusive Treatment be closed as No Finding because the Complainant is unavailable to clarify the complaint. Officer Labrador was hired on 07/15/2014 and has had 1 citizen complaint. Investigative Notes: 06/07/2016 The Internal Affairs ("IA") investigative report was obtained. 06/07/2016 Executive Director conducted a preliminary review of the case. 06/07/2016 Case assigned to Investigator Albert for investigation. 06/07/2016 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 06/07/2016 An initial notification letter was mailed to the Principal Officer. 06/07/2016 Booking photograph and documents requested. Booking photograph received. 06/10/2016 Incident report was received. 06/20/2016 IA file was obtained. The CD labeled statements was found to be blank. The copy of channels 2 and 3 would not copy into IA Pro. An was sent to Commander Sanchez requesting the missing statements. 06/20/2016 Attempted to contact the Complainant at the telephone number listed in the IA Report and was advised it was the wrong number. 06/20/2016 An online search was conducted and a possible address in Oceanside, California was identified. A copy of the 10-day letter and IA Report was mailed to this address. 07/07/2016 Case submitted for closure with Investigator's recommendation. 08/05/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 6

7 D. 2 DISCUSSION ITEM Case: Maria Gonzalez-Acuna CIP#: IA#: Involved Officer(s): Jorge Rodriguez, 5659 Carol Vargas, 7336 Daniel De Los Santos, 1471 Allegation(s): Negligence of Duty DOI: December 29, 2015 Investigated by: Elisabeth Albert Procedural History: On 12/30/2015 Internal Affairs received a Complaint Form from Sergeant Garret Wing (7740) against Officer Rodriguez. Sergeant Ivonne Valdes (27423) was assigned to investigate the complaint. On 06/08/2016 the allegation of Negligence of Duty against Sergeant Del Los Santos and Officers Vargas and Rodriguez was closed as Cleared based on statements taken during their investigation. The IA Report was received by the CIP on 06/14/2016. Complaint: Ms. Gonzalez-Acuna called the police while she was at a night club, 2301 SW 32nd Avenue because she had an injunction for protection that needed to be served to Jorge Gonzalez, who was also at the location. Three officers responded but refused to enter the nightclub or serve the injunction. Ms. Gonzalez-Acuna alleged the officers told her the nightclub was out of their jurisdiction and they could not serve the injunction. Investigation: Attempts were made unsuccessfully to contact Sergeant De Los Santos and Officers Rodriguez and Vargas. Telephone contact was made with Ms. Gonzalez-Acuna who advised she did not wish to pursue her complaint any further. Departmental Orders Considered: Undetermined. Recommendations: City of Miami Page 7

8 CIP Staff recommends that the allegation of Negligence of Duty be closed as No Finding because the Complainant does not wish to pursue her complaint. Officer Rodriguez was hired on 07/23/2012 and has had 1 citizen complaint. Officer Vargas was hired on 06/11/1996 and has had 1 administrative complaint, 3 citizen complaints, 1 relieved reassigned, 1 relieved of duty, and 1 use of force incident. Sergeant De Los Santos was hired on 03/29/1999 and has had 4 citizen complaints, 1 firearm discharge, and 6 use of force incidents. Investigative Notes: 06/14/2016 The Internal Affairs ("IA") investigative report was obtained. 06/16/2016 Executive Director conducted a preliminary review of the case. 06/16/2016 Case assigned to Investigator Albert for investigation. 06/16/2016 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 06/16/2016 An initial notification letter was mailed to the Principal Officer. 06/16/2016 A check of the incident address shows that it is within the City of Miami jurisdiction. 06/30/2016 Telephone contact was made with the Complainant's partner who advised that the address on the IA Report was the wrong address and she is unsure if Ms. Gonzalez-Acuna still wants to pursue her complaint. A copy of IA's finding letter, copy of the 10-day letter, and the IA Report were ed to the address provided. 06/30/2016 Ms. Gonzalez-Acuna contacted the CIP and advised she does not wish to pursue her complaint any further. 07/07/2016 Case submitted for closure with Investigator's recommendation. 08/05/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 8

9 D. 3 DISCUSSION ITEM Case: Benito Deull CIP#: IA#: Involved Officer(s): Frank Targia, Allegation(s): Misconduct DOI: December 5, 2015 Investigated by: Elisabeth Albert Procedural History: On 01/13/2016 Mr. Deull responded to the Internal Affairs office to file a complaint against Officer Targia. Sergeant Max Gabriel (2140) was assigned to investigate the complaint. On 05/17/2016 the allegation of Misconduct against Officer Targia was closed as Inconclusive because their investigation did not reveal any independent witness that could prove or disprove the allegation. The IA Report was received by the CIP on 05/18/2016. Complaint: While Mr. Deull was being escorted by Officer Targia to an office at the American Airlines Arena, he began recording the conversation on his cell phone. Mr. Deull alleged that Officer Targia noticed he was recording and ordered him to hand over his cell phone. Later when the cellphone was returned to Mr. Deull, he found the conversation he had recorded was deleted. Mr. Deull believes that Officer Targia went in his cell phone without permission and deleted his recording. Investigation: Attempts were made unsuccessfully to contact Officer Targia. Contact was made with Mr. Deull both on the phone and in person. Mr. Deull advised he would contact his cellphone carrier to see if there is a backup system on his phone that could retrieved the recording that was allegedly erased by Officer Targia. Departmental Orders Considered: Undetermined. Recommendations: CIP Staff recommends that the allegation of Misconduct be closed as No Finding City of Miami Page 9

10 because the complainant failed to produce information to further the investigation. Officer Targia was hired on 07/02/2013 and has had 3 citizen complaints and 4 use of force incidents. Investigative Notes: 05/18/2016 The Internal Affairs ("IA") investigative report was obtained. 05/19/2016 Executive Director conducted a preliminary review of the case. 05/19/2016 Case assigned to Investigator Albert for investigation. 05/19/2016 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 05/19/2016 An initial notification letter was mailed to the Principal Officer. 05/31/2016 Attempted to contact the Complainant at the telephone number listed in the IA Report and received a message that the number is not accepting incoming telephone calls at this time. 05/31/2016 An online search was conducted but no additional contact information was found. 06/06/2016 A message was received over the weekend from Mr. Deull requesting a call back. Telephone contact was made with Mr. Deull who advised he would check with his cellphone carrier to see if there is a backup system on his phone that could retrieve the recording that was allegedly erased by officers. Mr. Deull will re-contact Staff after he speaks to his carrier. 06/21/2016 Mr. Deull was present for the Panel meeting for a separate case. He was reminded to contact his cellphone carrier to see if the recordings had somehow been stored, and to re-contact the CIP after he spoke to them. 07/06/2016 There has been no contact from Mr. Deull. Case submitted for closure with Investigator's recommendation. 08/05/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 10

11 D. 4 DISCUSSION ITEM Case: Matthew Johnson CIP#: IA#: S Involved Officer(s): George Narino, Allegation(s): Discourtesy DOI: February 29, 2016 Investigated by: Elisabeth Albert Procedural History: On 03/03/2016 Internal Affairs received a Complaint Form against Officer George Narino alleging Discourtesy. Sergeant Anton Forbes (2016) was assigned to investigate the complaint. On 05/26/2016 the allegation of Discourtesy was closed as Inconclusive because there were no independent witnesses to prove or disprove the allegation. The IA Report was received by the CIP on 06/21/2016. Complaint: Mr. Johnson pulled into a parking space near a convenience store and two City of Miami Police Officers, one of whom he later identified as Officer Narino, approached his vehicle with their guns drawn. Mr. Johnson alleged that Officer Narino tapped the driver's window and stated, "Lower the fucking window." Investigation: Attempts were made unsuccessfully to contact Officer Narino. Telephone contact was made with Mr. Johnson who requested the 10-day letter and copy of the IA Report be ed to him, along with the CIP's address, and he would call to schedule an appointment. Mr. Johnson has not contacted the CIP and attempts to re-contact him by telephone have failed. Miami Dade Clerk of Court records show Mr. Johnson was cited for Running a Stop Sign (open). Departmental Orders Considered: Undetermined. Recommendations: City of Miami Page 11

12 CIP Staff recommends that the allegation of Discourtesy be closed as No Finding because the Complainant is unavailable to clarify the complaint. Officer Narino was hired on 10/07/2014 and has had 1 citizen complaint. Investigative Notes: 06/21/2016 The Internal Affairs ("IA") investigative report was obtained. 06/23/2016 Executive Director conducted a preliminary review of the case. 06/23/2016 Case assigned to Investigator Albert for investigation. 06/23/2016 A 10-day letter accompanied by the IA Report was forwarded to the Complainant. 06/23/2016 An initial notification letter was mailed to the Principal Officer. 06/24/2016 Documents related to this complaint were requested. 07/05/ day letter and IA Report was returned to sender. 07/05/2016 An online search was conducted and it appears that the address was correct but lacked that the Complainant resided in apartment 12. A new 10-day letter and copy of IA Report was mailed to Mr. Johnson. 07/11/2016 Telephone contact was made with Mr. Johnson who requested the mailed correspondence be ed to him along with the CIP's address and he will re-contact us to schedule an appointment. The was sent to Mr. Johnson with a request to contact the CIP no later than 07/18/2016 if he wished to pursue his complaint. 07/14/2016 Attempted to contact Mr. Johnson by telephone but there was no answer and no way to leave a message. 07/18/2016 Case submitted for closure with Investigator's recommendation. 08/05/2016 The Complaint Committee voted to accept Staff's recommendation. City of Miami Page 12

13 D. 5 DISCUSSION ITEM Case: Ernest Tillman CIP#: IA#: S Involved Officer(s): Josterly Mitial # Allegation(s): Discourtesy Improper Procedure DOI: October 09, 2015 Investigated by: Michael Lucas Procedural History: This complaint was filed with Internal Affairs on October 13, The complaint was assigned to Sergeant Saundria Anderson of the Little Haiti PST. The investigation was closed as Unsupported on May 17, The CIP received this case on June 16, Complaint: Mr. Tillman stated that Officer Mitial pushed him against his police vehicle. He stated he asked Officer Mitial, why was he harassing him and he replied, "Shut the fuck up or I will fuck you up." He sated Officer Mitial arrested him for possession of marijuana, placed him in the back seat of his police vehicle and continued patrolling the area. He stated Officer Mitial placed his life in danger as he jumped out of his vehicle with his gun drawn at several locations. He stated he is tired of being harassed and arrested for no reason by Officer Mitial. Investigation: 10-day letter was sent to the complainant. An attempt was made to contact the complainant via telephone. Female stated she would give complainant the message. The 10-day letter was returned by the USPS. There has been no response from the complainant. Department Orders Considered: Departmental Order 1, Chapter 11, Courtesy: Courtesy toward the public and each other is demanded of all members and civilian employees of the Department. Members and civilian employees (in their conduct and deportment) shall always be quiet, civil, orderly, and courteous. Even in the face of great provocation they shall be diplomatic in the performance of their duties; and they shall serve the City in the discharge of their duties by controlling their tempers and exercising the utmost patience and discretion. When required, they must act with firmness and with sufficient energy to properly perform their duties. They shall, at all times, refrain from using coarse, violent, profane, or insolent language. An attitude of officiousness gains nothing, except the ill will of those with whom the officer comes in contact with. City of Miami Page 13

14 Departmental Order 1, Chapter 11, Elements of Courtesy: Courtesy consists of a quiet, unassuming behavior based on a sincere consideration of the feelings of others. Members and civilian employees shall listen to and answer carefully and courteously all inquiries and give information in the spirit of cheerful willingness with a sincere desire to be helpful. A lack of interest in what is being said to you is a breach of courtesy. Courtesy to citizens and between members and civilian employees of the Department is indispensable to discipline. Departmental Order 1, Chapter 11, Public Contacts: Members and civilian employees are required to be courteous in their contact with the public. Attitudes of effrontery, egotism, and superiority by officers in such contact will not be tolerated. Departmental Order 1, Chapter 11, Tact and Consideration: Members and civilian employees should remember that tact and consideration will be of great value in any work that is to be done, and they should cultivate the ability to meet and deal with people easily. Recommendation: CIP Staff recommends that the allegations of Discourtesy and Improper Procedure be closed as No Finding because the Complainant is unavailable to clarify the complainant. Officer Mitial was hired December 28, He has received 8 citizen complaints and has 4 use of force incidents noted Investigative Notes: 06/16/2016 The Internal Affairs ("IA") investigative report was obtained. 06/16/2016 The Executive Director conducted a preliminary review of the case. 06/16/2016 Case assigned to Investigator Lucas for investigation. 06/16/2016 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant. 06/16/2016 An initial notification letter was sent to the Principal Officer. 06/28/2016 Received Internal Affairs profile for Officer Mitial. 06/30/ day letter returned by the USPS 07/06/2016 CIP staff has not had any contact with the complainant. All attempts to make contact with the complainant have been unsuccessful. 07/06/2016 Case submitted for closure with staff recommendation. City of Miami Page 14

15 08/05/2016 The Complaints Committee voted to accept staff recommendation. City of Miami Page 15

16 D. 6 DISCUSSION ITEM Case: Terrell Johnson CIP#: IA#: S Involved Officer(s): Stanley Jean-Poix #3486 Allegation(s): Discourtesy Improper Procedure DOI: May 19, 2015 Investigated by: Michael Lucas Procedural History: This complaint was filed with Internal Affairs on May 20, The complaint was assigned to Sergeant Benjamin Payen of the Community Relations Section. The investigation was completed on January 26, The allegation of Discourtesy was closed as Inconclusive and the allegation of Improper Procedure was closed as Cleared. The CIP received this case on June 20, Complaint: Mr. Johnson alleged that Officer Jean-Poix approached him and told him to "Get off the field, I do not want to see you out here no fucking more" and "Let's go to my fucking car and take off my fucking shirt." Mr. Johnson alleged Officer Jean-Poix told him to take off the PAL shirt he was wearing and accused him of talking to his "fucking kids." Mr. Johnson alleged that Officer Jean-Poix said "I do not want your ass out there again." Investigation: 10-day letter was sent to the complainant. CIP staff made contact with the complainant via telephone. The complainant stated that he does not want to have any further problems with the officer so he does not want to be involved with this complaint any more. The complainant stated that he has not had any further problem with the officer Department Orders Considered: Departmental Order 1, Chapter 11, Courtesy: Courtesy toward the public and each other is demanded of all members and civilian employees of the Department. Members and civilian employees (in their conduct and deportment) shall always be quiet, civil, orderly, and courteous. Even in the face of great provocation they shall be diplomatic in the performance of their duties; and they shall serve the City in the discharge of their duties by controlling their tempers and exercising the utmost patience and discretion. When required, they must act with firmness and with sufficient energy to properly perform their duties. They shall, at all times, refrain from using coarse, violent, profane, or insolent language. An attitude of officiousness gains nothing, except the ill will of those City of Miami Page 16

17 with whom the officer comes in contact with. Departmental Order 1, Chapter 11, Elements of Courtesy: Courtesy consists of a quiet, unassuming behavior based on a sincere consideration of the feelings of others. Members and civilian employees shall listen to and answer carefully and courteously all inquiries and give information in the spirit of cheerful willingness with a sincere desire to be helpful. A lack of interest in what is being said to you is a breach of courtesy. Courtesy to citizens and between members and civilian employees of the Department is indispensable to discipline. Departmental Order 1, Chapter 11, Public Contacts: Members and civilian employees are required to be courteous in their contact with the public. Attitudes of effrontery, egotism, and superiority by officers in such contact will not be tolerated. Departmental Order 1, Chapter 11, Tact and Consideration: Members and civilian employees should remember that tact and consideration will be of great value in any work that is to be done, and they should cultivate the ability to meet and deal with people easily. Recommendation: CIP Staff recommends that the allegations of Discourtesy and Improper Procedure be closed as No Finding because the Complainant no longer wishes to pursue the complainant. Officer Jean-Poix was hired June 1, He has received 23 citizen complaints and has 3 use of force incidents noted. Investigative Notes: 06/22/2016 The Internal Affairs ("IA") investigative report was obtained. 06/22/2016 The Executive Director conducted a preliminary review of the case. 06/22/2016 Case assigned to Investigator Lucas for investigation. 06/23/2016 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant. 06/23/2016 An initial notification letter was sent to the Principal Officer. 06/28/2016 Received the Internal Affairs profile for Officer Jean-Poix. 07/15/2016 Received the entire Internal Affairs case file. 07/25/2016 Contact made with the complainant via telephone. 07/27/2016 Case submitted for closure with staff recommendation. City of Miami Page 17

18 08/05/2016 The Complaints Committee voted to accept staff recommendation. City of Miami Page 18

19 D. 7 DISCUSSION ITEM Case: Jorge Quiroga CIP# IA# S Involved Officer(s): Kevin Harrison #2823 Allegation(s): Discourtesy DOI: August 19, 2015 Investigated by: Michael Lucas Procedural History: This complaint was filed with Internal Affairs on September 2, The complaint was assigned to Lieutenant Keandra Simmons, who is the Deputy Commander of the Wynwood NET. The investigation was closed as Substantiated on March 25, The CIP received this case on June 21, Complaint: Mr. Quiroga stated that he was working as an Uber driver when he was pulled over by Sergeant Harrison. He stated he asked Sergeant Harrison what he did wrong. Mr. Quiroga stated Sergeant Harrison replied "Shut your mouth." He stated every time he attempted to speak to Sergeant Harrison, he told him to shut his mouth. He stated Sergeant Harrison issued him a summons, but did not explain to him what the summons was for nor did he receive a traffic mailer. Investigation: 10-day letter was sent to the complainant. Contact was made with the complainant via telephone. The complainant stated that he understands that officers are under a lot of stress these days but they still need to remain respectful to the public. He feels the officer may have a problem with Spanish people but he does not want to spend any more time on this complaint. Department Orders Considered: Departmental Order 1, Chapter 11, Courtesy: Courtesy toward the public and each other is demanded of all members and civilian employees of the Department. Members and civilian employees (in their conduct and deportment) shall always be quiet, civil, orderly, and courteous. Even in the face of great provocation they shall be diplomatic in the performance of their duties; and they shall serve the City in the discharge of their duties by controlling their tempers and exercising the utmost patience and discretion. When required, they must act with firmness and with sufficient energy to properly perform their duties. They shall, at all times, refrain from using coarse, violent, profane, or insolent language. An attitude of officiousness gains nothing, except the ill will of those with whom the officer comes in contact with. City of Miami Page 19

20 Departmental Order 1, Chapter 11, Elements of Courtesy: Courtesy consists of a quiet, unassuming behavior based on a sincere consideration of the feelings of others. Members and civilian employees shall listen to and answer carefully and courteously all inquiries and give information in the spirit of cheerful willingness with a sincere desire to be helpful. A lack of interest in what is being said to you is a breach of courtesy. Courtesy to citizens and between members and civilian employees of the Department is indispensable to discipline. Departmental Order 1, Chapter 11, Public Contacts: Members and civilian employees are required to be courteous in their contact with the public. Attitudes of effrontery, egotism, and superiority by officers in such contact will not be tolerated. Departmental Order 1, Chapter 11, Tact and Consideration: Members and civilian employees should remember that tact and consideration will be of great value in any work that is to be done, and they should cultivate the ability to meet and deal with people easily. Recommendation: CIP Staff recommends that the allegation of Discourtesy be closed as No Finding because the Complainant No longer wishes to pursue the complainant. Investigative Notes: 06/21/2016 The Internal Affairs ("IA") investigative report was obtained. 06/21/2016 The Executive Director conducted a preliminary review of the case. 06/22/2016 Case assigned to Investigator Lucas for investigation. 06/22/2016 A 10-day letter accompanied by the Internal Affairs Report was forwarded to the Complainant. 06/22/2016 An initial notification letter was sent to the Principal Officer. 07/15/2016 CIP staff received the entire Internal Affairs case file. 07/25/2016 Contact made with the complainant via telephone. 07/25/2016 Case submitted for closure with staff recommendation. 08/05/2016 The Complaints Committee voted to accept staff recommendation. City of Miami Page 20