When Gov. Ron DeSantis signed a bill in April outlawing civilian boards that review police discipline and misconduct, it appeared the days were numbered for the one created by Miami voters in 2001.
And last week, citing that law, city manager Art Noriega informed the civilian investigative panel its $1.4 million budget request for the next fiscal year was being denied and it would be shuttered on Sept. 30.
But Friday, the panel struck back, asking the Miami-Dade circuit court to issue an injunction blocking the city from defunding and dissolving it.
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In the complaint, the panel’s attorneys say the city is misinterpreting the new law and that it cannot unilaterally dissolve an entity that was enshrined in the city charter by voters (with a nearly 75% approval) more than 20 years ago.
Among their arguments: the state law barring a city from enforcing an ordinance that allows civilian oversight of police misconduct investigations does not apply when voters created the panel by amending the charter, as happened in Miami.
They also claim the CIP has other responsibilities, such as analyzing and auditing closed investigations, as well as reviewing police policies, procedures and practices.
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Rather than accept the CIP’s offer to continue its role in matters not prohibited by the state law, the city chose to dissolve it entirely.
The city has not yet been served with the complaint, so it had no comment Monday, but last week explained why it felt it had no choice but to eliminate the CIP.
“The City of Miami is barred from allocating budget funds to a board whose main purpose and duties are contrary to Florida statutes,” it said, adding the police chief would eventually appoint at least three people to review policies and procedures, which the law does allow – but not have oversight over discipline or misconduct.
Even before filing the lawsuit, the CIP’s director told NBC6 the new law would not be the last word.
“I still don't think it's the end,” Rodney Jacobs said, “I think right now we're working through a process still and I'm hopeful that at the end of it we'll still have a functioning CIP that's doing the work of the people.”
But, he said the city’s notification of its dissolution did create other options.
“Right now, it leaves us potentially towards litigation and hopefully activating the community to change the commission's mind.”
Specifically, the complaint seeks an injunction barring the city from dissolving the CIP. It asks the court to declare the law does not require the CIP’s dissolution and does not eliminate it in its entirety but should continue to exist under the narrower parameters allowed by the law.
