1 orange county citizen review board presented to board of county commissioners april 1, 2008...
DESCRIPTION
Background / Historical Overview Charter Amendment Adopted November 1992 Provides for creation of diverse board (7 to 11 members) to: Review Sheriff’s Office completed investigations of citizen complaints regarding use of excessive force or abuse of power Present findings and recommendations to Sheriff Provides for subpoena power Authorizes the BCC, by ordinance, to specify number of Board members, provide rules of procedure, and other administrative matters Background / Historical Overview Charter Amendment Adopted November 1992 Provides for creation of diverse board (7 to 11 members) to: Review Sheriff’s Office completed investigations of citizen complaints regarding use of excessive force or abuse of power Present findings and recommendations to Sheriff Provides for subpoena power Authorizes the BCC, by ordinance, to specify number of Board members, provide rules of procedure, and other administrative matters Orange County Citizen Review BoardTRANSCRIPT
1
Orange CountyCitizen Review Board
Presented toBoard of County Commissioners
April 1, 2008
Orange County Citizen Review Board
Presentation Outline Background / Historical Overview County’s Role Citizens Review Board Process 2006 / 2007 Year in Review Summary
Background / Historical Overview
Charter Amendment Adopted November 1992 Provides for creation of diverse board (7 to 11 members) to:
Review Sheriff’s Office completed investigations of citizen complaints regarding use of excessive force or abuse of power
Present findings and recommendations to Sheriff
Provides for subpoena power
Authorizes the BCC, by ordinance, to specify number of Board members, provide rules of procedure, and other administrative matters
Orange County Citizen Review Board
Background / Historical Overview (Con’t)
Ordinance adopted May 1995 Provides for 9 members (7 appointed by BCC and 2 appointed
by Sheriff) Establishes Procedures
Provides for independent legal counsel
Recognizes that CRB will be subject to “Law Enforcement and Correctional Officer’s Bill of Rights”
Orange County Citizen Review Board
Background / Historical Overview (Con’t)
“Law Enforcement and Correctional Officer’s Bill of Rights” (§§ 112.532 – 112.535, F.S.) provides:
CRB review cannot begin until after Sheriff’s Office of Professional Standards (OPS) has completed its investigation
Review is limited to matters contained in OPS report
Orange County Citizen Review Board
6
Orange County Citizen Review Board
Presentation Outline Background / Historical Overview County’s Role Citizens Review Board Process 2006 / 2007 Year in Review Summary
County’s Role From 1995 – 2004, administrative support of CRB was
under Sheriff’s direction Beginning June 2004, Sheriff relinquished administrative
support to County County provides two (2) staff members
The Administrative Coordinator to the Board The Clerk to the Board
CRB meetings are held in Chambers andare televised
Orange County Citizen Review Board
8
Orange County Citizen Review Board
Presentation Outline Background / Historical Overview County’s Role
Citizens Review Board Process 2006 / 2007 Year in Review Summary
CRB Process Review by CRB is limited to completed OPS
investigation pertaining to citizen complaints involving: Use of excessive force Abuse of power
Citizen complaints received directly by County or CRB must be submitted to Sheriff’s Office within 5 days (§ 112.533(b)(1), F.S.)
Administrative staff provides CRB members with OPS completed investigation at least 2 weeks in advance of a scheduled CRB meeting
Orange County Citizen Review Board
CRB Process (Con’t)
At the meeting: CRB members may interview complainants and
witnesses (including OPS personnel and Sheriff’s Deputies)
After public discussion, members vote to either accept or reject the OPS findings
May make recommendations which are forwarded to Sheriff
Orange County Citizen Review Board
Membership Richard S. Dellinger, District 1, Chairperson Claramargaret Groover, District 5, Vice-Chairperson Frank Kruppenbacher, Mayor’s Appointee Waymond Joe Chambers, Jr., District 2 Angel L. Morey, District 3 Dana C. Rutledge, District 4 Vicki Felder, District 6 Brett Kingstone, Sheriff’s Rep. Vickie Cartwright, Ph.D., Sheriff’s RepGeneral Counsel Vacant
Orange County Citizen Review Board
12
Orange County Citizen Review Board
Presentation Outline Background / Historical Overview County’s Role Citizens Review Board Process
2006 / 2007 Year in Review Summary
2006 / 2007 Year In Review
The CRB heard 31 cases in 2006 and 7 cases in 2007 The CRB disagreed with one OPS investigation in 2006
and none in 2007 Over the past 10 years, the CRB has agreed with OPS
findings 95% of the time
Orange County Citizen Review Board
14
0
5
10
15
20
25
30
35
40
45
TOTAL 34 41 28 41 37 32 29 40 31 7
CONCURRED 33 40 28 38 37 29 23 35 29 7
DISAGREED 1 1 0 3 0 3 5 3 1 0
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
CRB CASES1998 - 2007
15
2006 / 2007 Year In Review (Con’t) Litigation was filed challenging constitutionality of CRB
and authority of CRB to issue subpoenas
On June 16, 2005 Deputy Steven Jenny filed Petition for Writ of Prohibition challenging subpoena power
On February 3, 2006 Petition dismissed On June 23, 2006 CRB filed action in Circuit Court to
enforce subpoena issued against Deputy Jenny.
Orange County Citizen Review Board
16
2006 / 2007 Year In Review (Con’t) On August 18, 2006 Sheriff Beary, in a separate
action against Orange County, challenged the Charter provision establishing CRB and subpoena authority of CRB
On December 20, 2006 cases were consolidated with PBA intervening
On March 24, 2008 Court entered Summary Judgment upholding CRB Charter provision and subpoena power
On March 28, 2008 Sheriff Beary filed a Notice of Appeal
Orange County Citizen Review Board
17
Orange County Citizen Review Board
Presentation Outline Background / Historical Overview County’s Role Citizens Review Board Process 2006 / 2007 Year in Review Summary
Summary
2006 / 2007 Report – 38 Cases reviewed. CRB Disagreed with findings of OPS in 1 case
County and CRB have successfully defended constitutional challenges of CRB Charter provision and subpoena power
Sheriff is appealing decision of the Circuit Court
Orange County Citizen Review Board
19
Orange CountyCitizen Review Board
Presented toBoard of County Commissioners
April 1, 2008