Miami Beach police department STOCK PHOTO

Miami – A Miami police watchdog group is suing the city for defunding and dissolving the panel after state law diminished some of its power including probing law enforcement misconduct.

The Civilian Investigative Panel (CIP) is seeking an injunction to stay active and force the city to continue bankrolling the group despite Miami Police Chief Manuel Morales’ plan to create a new CIP that complies with the new state law.

According to the city’s proposed budget for fiscal year 2024-25, Miami officials nixed funding for the CIP, citing the state law which prohibits local governments from maintaining independent bodies to investigate police officers’ conduct in the streets.

But the CIP said the city has misinterpreted the law and CIPs throughout the state can remain active.

The Florida Legislature adopted the law this year and Gov. Ron DeSantis signed it into law effective July 1, 2024.

The original proposed bill by state officials was aimed at abolishing all police watchdog groups throughout Florida but decided to limit their abilities after statewide backlash to keep CIPs active, especially in the Black communities.

Since its debut in 2001, Miami’s CIP has investigated more than 100 cases of alleged police misconduct which created tension between the police department and the Black community.

About 76 percent of Miami voters approved a referendum to create an independent police oversight group to crack down on police brutality by providing enough evidence, including sworn statements, to the police department’s internal affairs unit for further review.

CIP Executive Director Rodney Jacobs told the South Florida Times he offered to alter the police watchdog group’s regulations to exclude investigative powers to comply with state law. But the city denied his request and elected to defund the panel.

Jacobs said the only option to save the CIP was filing a lawsuit.

He said despite not having investigation power, the CIP is still essential to holding the police department accountable for its action in the community.

"The best benefit to the community is bolstering trust between the community and police department," Jacobs said. "We still can review audits and internal affairs cases to make sure public safety is working in the community."

Jacobs said the CIP provides transparency and makes sure citizens are treated fairly during encounters with the police.

"The CIP provides information… finding the facts based on investigations that are open to the public," he said. "The public gets to see if they believe the process is fair under the system. This allows people to be part of something and seeing it from state to finish."

Jacobs said the CIP can also still review citizens’ complaints against police officers and the department’s internal affairs cases to ensure the procedures are being followed.

"When we had investigation power, we could find witnesses in cases, but under the new law, we can review witnesses’ statements in investigation cases," he said. "We can decide if the investigation is incomplete and whether the police conducting the investigation did so properly."

Adam Saper, the assistant director for Miami’s CIP, said based on the new state law, the city is not required to disband the CIP.

Saper said the CIP also can suggest department policy changes including using more body cameras and recommend disciplinary action for officers who fail to activate their video cameras, especially during rough takedowns.

"The biggest function handled by the CIP is reviewing investigations of police misconduct and the department’s policy and procedures," Saper said.

"Officers are required by the department to activate their cameras to determine if their conduct is justified. When something controversial happens, people ask ‘where are the body cameras’? They want to see for themselves, and as citizens, [they] have the right to."

Jacobs and Saper, both attorneys by trade, said the CIP is hoping for a judge’s decision on the temporary injunction before the city approves a new budget for the next fiscal year.

The city held its first budget hearing on Saturday, Sept. 7 with no funding for the CIP for the next fiscal year which begins October 1, 2024.

The second and final budget hearing is scheduled for Wednesday, Sept. 25, at which city commissioners can continue funding the CIP.

Jacobs said the CIP’s budget for the past two years was about $1.3 million which is one percent of the funding for the Miami Police Department which is about $345 million for the current fiscal year.

The $1.3 million budgeted for the CIP, funds its operation and administration costs including salaries for a seven-person staff and training for panel members required by law to be updated on police procedures and the best practices for civilian oversight.

Saper said disbanding the CIP is a violation of the ordinance the city passed to create the CIP based on voters’ approval.

The city of Miami said in a statement that the new law permits Chief Morales to establish a new civilian oversight board to review the policies and procedures of the department and its subdivisions.

By statute, the board must be composed of at least three and up to seven members appointed by the police chief, one of which shall be a retired law enforcement officer.

"The chief is in the process of establishing the new oversight board that will comply with the new law," the city said in the statement. "The CAP will be taking on many of the responsibilities that was held by the CIP, ensuring that the Miami Police Department upholds the highest ethical standards and adheres to national best practices.