1 / 19

Orange County Citizen Review Board

Orange County Citizen Review Board. Presented to Board 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 .

telyn
Télécharger la présentation

Orange County Citizen Review Board

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Orange CountyCitizen Review Board Presented toBoard of County Commissioners April 1, 2008

  2. Orange County Citizen Review Board Presentation Outline • Background / Historical Overview • County’s Role • Citizens Review Board Process • 2006 / 2007 Year in Review • Summary

  3. Orange County Citizen Review Board 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

  4. 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”

  5. 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

  6. Orange County Citizen Review Board Presentation Outline • Background / Historical Overview • County’s Role • Citizens Review Board Process • 2006 / 2007 Year in Review • Summary

  7. Orange County Citizen Review Board 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 and are televised

  8. Orange County Citizen Review Board Presentation Outline • Background / Historical Overview • County’s Role • Citizens Review Board Process • 2006 / 2007 Year in Review • Summary

  9. Orange County Citizen Review Board 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

  10. 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

  11. 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 Rep General Counsel • Vacant

  12. Orange County Citizen Review Board Presentation Outline • Background / Historical Overview • County’s Role • Citizens Review Board Process • 2006 / 2007 Year in Review • Summary

  13. Orange County Citizen Review Board 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

  14. CRB CASES 1998 - 2007

  15. Orange County Citizen Review Board 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.

  16. Orange County Citizen Review Board 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

  17. Orange County Citizen Review Board Presentation Outline • Background / Historical Overview • County’s Role • Citizens Review Board Process • 2006 / 2007 Year in Review • Summary

  18. Orange County Citizen Review Board 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

  19. Orange CountyCitizen Review Board Presented toBoard of County Commissioners April 1, 2008

More Related