City of Miami. City Hall 3500 Pan American Drive Miami, FL Meeting Agenda - Final. Tuesday, July 15, :00 PM

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1 City of Miami City Hall 3500 Pan American Drive Miami, FL Tuesday, 6:00 PM 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

2 PLEDGE ROLL CALL APPROVING THE MINUTES OF THE JUNE 4, 2008 SPECIAL MEETING APPROVING THE MINUTES OF THE JUNE 17, 2008 PANEL MEETING APPROVING THE AGENDA FOR THE JULY 15, 2008 PANEL MEETING A. LEGAL UPDATES B. PUBLIC FORUM C. CASE MANAGEMENT C Case: Armando Aguilar CIP # Involved Officer(s): John F. Timoney #7080 Allegation(s): 1. Violation of Florida State Statute : Reporting and prohibited receipt of gifts by individuals filing full or limited public disclosure of financial interests and by procurement employees; 2. Violation of Miami-Dade County Conflict of Interest & Code of Ethics Ordinance Section 2-11 (e) (4); 3. Violation of Miami Police Department Order No : Accepting Fees or Gifts; 4. Violation of Miami Police Department Order No : Accepting Gifts, Gratuities or Solicitations; 5. Violation of Miami Police Department Order No : Responsibility to Know Rules & Regulations; 6. Violation of Miami Police Department Order No : Conduct Unbecoming A Police Officer; 7. Violation of Miami Police Department Order No : Release to the News Media; 8. Violation of Miami Police Department Order No : Code of Ethics - Private Life. 9. Violation of Miami Police Department Order No : Members & Civilian Employees to be Truthful. On September 14, 2007, Armando Aguilar, President of the Fraternal Order of Police Chapter 20, made a formal complaint in writing to the Civilian Investigative Panel against Miami Police Chief, John F. Timoney, regarding alleged misconduct associated with Mr. Timoney's acceptance and use of a City of Miami Page 2

3 "free" luxury automobile from Lexus of Kendall. Mr. Aguilar included in his complaint an additional "Letter of Complaint" authored by retired Miami Police Chief Kenneth Harms that was addressed to Commissioner Angel Gonzalez. Recommendation(s): 1. Close as Sustained on the allegation of No. 1 - Violation of Florida State Statute ; 2. Close as Sustained on the allegation of No. 2 - Violation of Miami-Dade County Conflict of Interest & Code of Ethics Ordinance Section 2-11 (e) (4); 3. Close as Sustained on the allegation of No. 3 - Violation of Miami Police Department Order No : Accepting Fees or Gifts; 4. Close as Sustained on the allegation of No. 4 - Violation of Miami Police Department Order No : Accepting Gifts, Gratuities or Solicitations; 5. Close as Not Sustained on the allegation of No. 5 - Violation of Miami Police Department Order No : Responsibility to Know Rules & Regulations; 6. Close as Not Sustained on the allegation of No. 6 - Violation of Miami Police Department Order No : Conduct Unbecoming A Police Officer; 7. Close as Sustained on the allegation of No. 7 - Violation of Miami Police Department Order No : Release to the News Media; 8. Close as Not Sustained on the allegation of No. 8 - Violation of Miami Police Department Order No : Code of Ethics - Private Life. 9. Close as Sustained on the allegation of No. 9 - Violation of Miami Police Department Order No : Members & Civilian Employees to be Truthful. **THE RECOMMENDATION(S) OF THE COMPLAINTS SUBCOMMITTEE WILL BE PROVIDED IN THE FINAL AGENDA**. Procedural History: CIP received direct filed complaint CIP sends letter to principal officer for voluntary interview, which was declined Chief Timoney's first appearance before the CIP Complaint Committee Petition to Enforce Subpoenas filed in Circuit Court Circuit Court Order Granting Petition to Enforce Subpoenas CIP Deposition of Chief Timoney Chief Investigator's recommendations Independent Counsel's concurrence City of Miami Page 3

4 C Case: Helio Pereda CIP # IA # Involved Officer(s): Lt. Milton Montes De Oca #4859 Eric Pulido #27367 Allegation(s): Improper Procedure Discourtesy The Complainant, Mr. Pereda, alleged that he was behind a car which was blocking the turn lane onto SW 8th Street. Mr. Pereda stated that he sounded his car horn and that Lt. Montes de Oca got out, had him pull over, verbally abused him with a string of profanities, and later directed other officers to give him two tickets. Mr. Pereda stated that Officer Pulido, who arrived later, also directed profanities toward him. Mr. Perez, a witness, stated that he only heard Mr. Pereda sound his car horn twice; two quick beeps approximately thirty seconds apart, not continuously as was claimed by Lt. Montes de Oca. Recommendation(s): Close case as Sustained on Improper Procedure on Lt. Montes de Oca. Lt Montes de Oca claimed that the Complainant was honking his horn "continuously and aggressively" causing the officer's concern for the Complainant's well being. However, based upon independent witness testimony, the Complainant only sounded his car horn twice, two quick beeps, to alert the officer that he was blocking traffic and therefore no probable cause existed to make the traffic stop and detain the Complainant. Furthermore, there was no basis to issue a citation for excessive use of the horn. Close case as Not Sustained on Discourtesy - Lt. Montes de Oca and Officer Pulido: The independent witness, Mr. Perez, gives conflicting testimony to Internal Affairs and to the CIP on the issue of the demeanor of the officers involved. There were no other independent witnesses. Procedural History: CIP receives direct file complaint Interview with Complainant CIP receives Internal Affairs report CIP Investigation complete Chief Investigator's Recommendation Independent Counsel's Concurrence. City of Miami Page 4

5 C Case: Ernesto Oliva Cabrera CIP # IA # Involved Officer(s): Lt. John Llodra #4066 Allegation(s): Discourtesy Abusive Treatment Missing Property The Complainant, Mr. Oliva was ejected from Bongo's Cuban Café. He felt he was rudely asked to leave by Lt. John Llodra. He called 911 to complain. Mr. Oliva stated that Lt. Llodra caught up with him, called him a snitch for complaining and used profanities, threw him too the ground and placed a foot on his head, lifted him up by the handcuffs, and took his I-phone. The case was investigated by Internal Affairs and closed with a finding of Inconclusive on all three allegations. Recommendation(s): Close case as Not Sustained on the allegation of Discourtesy. There is no independent evidence on this issue. Close case as Sustained on the allegation of Abusive Treatment. The medical records show Mr. Oliva sought treatment soon after the event. Almost nine months after the incident occurred, photographs taken by CIP staff show the same marks on Mr. Oliva's wrists as appeared in Internal Affairs photographs. The marks are consistent with those made by handcuffs. The injuries and the marks indicate that substantial force or pressure was exerted (whether intentionally or negligently) while in custody. Close case as Sustained on the allegation of Missing Property. Mr. Oliva called 911 from his cellular telephone minutes before his arrest. This is corroborated by AT&T records which indicate that Mr. Oliva was a subscriber for I-phone services with the number , and is also corroborated by MPD CAD records, which recorded the call. Therefore, it is more likely than not that Mr. Oliva had his phone in his possession at the time of his arrest. Procedural History: CIP receives Internal Affairs report Interview with Complainant Lt. Llodra was invited in writing to provide testimony to the CIP. No response was received CIP Investigation complete Chief Investigator's Recommendation. City of Miami Page 5

6 C Case: Enrique Elortegui CIP#: IA#: N Involved Officer(s): Sgt. Manuel Gonzalez #2401 Arthur Moe #4840 (Retired) Allegations: Improper Procedure The complainant, Enrique Elortegui indicated that on July 17th, 2008, there was a hit and run accident at the Mirador Plaza Condominium where he resides. Mr. Elortegui is the Secretary of the condo association at the Mirador Plaza Condominium. The incident in question was investigated by Detective Arthur Moe. Mr. Elortegui indicated that Detective Moe in addition to his supervisor, Sergeant Manuel Gonzalez, mishandled the investigation and he considers their actions regarding the hit and run investigation, to be gross negligence. Mr. Elortegui additionally stated that Detective Moe failed to follow departmental procedures when he asked him to identify the perpetrator of the hit and run accident in the presence of the alleged suspect and several of his family members. Mr. Elortegui further alleged that Sergeant Manuel Gonzalez was the supervisor of Detective Arthur Moe at the time of the incident, and he failed to ensure that Detective Moe followed proper investigative protocol. Recommendation(s): Close as No Finding regarding Officer Arthur Moe since he has retired and is no longer employed with the City of Miami Police Department. With regard to Sgt. Gonzalez, it is recommended that the case be closed as No Finding. Observation (s): Sergeant Gonzalez failed to comply with Departmental Order 1, Chapter which states that commanding officers are responsible for ensuring that all officers under their command adhere to proper performance of all police duties outlined in the Departmental Orders, Rules and Regulations, Standard Operating Procedures as well as any other official directives. Sergeant Gonzalez failed to ensure that Detective Arthur Moe complied with Departmental Orders (3) (4) and (8) (10) (11). Departmental Order (3) (4) stipulates that investigators are responsible for, but not limited to locating, identifying, and interviewing complainants and witnesses. The names of several key witnesses were submitted to the City of Miami Police Department and Sergeant Gonzalez acknowledges that the names were received from the complainant however; he did not direct Detective Moe to interview all possible witnesses regarding the incident in question. The CIP made contact with several collateral witnesses, including one who witnessed the accident and they indicated that they were never contacted by the Miami Police Department regarding an accident at the Mirador Plaza Condominium. Departmental Order (8) (10) (11) requires investigators to follow investigative protocol by preparing photo or video line-ups for complainants and victims to identify suspects, not face-to-face identifications as was requested by Detective Moe. City of Miami Page 6

7 Sergeant Gonzalez acknowledged that he was cognizant of the fact that Detective Moe requested that the complainant identify the suspect in the presence of the alleged suspect, however he did not address the actions of Detective Moe. Procedural History: D. CHAIRPERSON'S REPORT E. PANEL ITEMS CIP receives Direct File report Direct File report is forwarded to Internal Affairs Case assigned to CIP Investigator Initial Officer Notification Letter forwarded to Detective Arthur Moe at the City of Miami Police Department Re-contact Letter forwarded to the Complainant Enrique Elortegui Internal Affairs Non-Complaint Letter received Initial Officer Notification Letter forwarded to Sergeant Manuel Gonzalez at the City of Miami Police Department Telephonic contact was initiated with Enrique Elortegui inviting him to the Complaint Committee meeting and the full Panel meeting Chief Investigator's Recommendation Independent Counsel's Concurrence. E.1 E.2 Length of Meetings Badges for Investigators F. ADMINISTRATIVE ISSUES G. COMMITTEE REPORTS G.1 G.2 Outreach Policies & Procedures City of Miami Page 7

8 H. ANNOUNCEMENTS H.1 H.2 H.3 CIP on Vacation during the month of August NACOLE Conference Next Meeting: Tuesday, September 16, 2008 City Hall Chambers 6:00pm City of Miami Page 8