Title 18 · Chapter 18 - POLICE

and as required by F

Section: 118-27.0011

S. § 943.1395(5) (as amended).

Consistent with section (c)(5) and (c)(6), the CRB may review closed internal department investigations where no discipline was imposed and may also review closed internal department investigations where discipline other than suspension, demotion or termination was imposed.

(2)

Participation in hiring process—To make recommendations to the mayor and chief of police regarding hiring criteria and to participate in the interview panel for prospective officers.

(3)

Complaint filing and tracking system—To be informed of the filing of complaints concerning allegations of police officer misconduct and to monitor and track the status of such complaints from inception to completion, and to allow for such complaints to be filed directly with the CRB.

(4)

CRB community survey—To conduct a community survey every two (2) years to obtain public feedback regarding the department and its policies and procedures.

(5)

Review of completed cases—To review completed internal department investigations involving use of force, and cases and issues of importance or interest to the community or the city.

(6)

Review of matters of importance or interest—To review matters of importance or interest and make written recommendations regarding the department's handling of an issue, including any revisions or additions to department policy and procedures.

(7)

Recommendations to report findings and make other recommendations regarding the department to the mayor and chief of police.

(d)

Membership and organization.

(1)

The CRB shall hereafter consist of eleven (11) voting members ("members"), with five (5) voting members appointed by the mayor; five (5) voting members appointed by city council; and one (1) voting member nominated by the National Association for the Advancement of Colored People ("NAACP"), who shall be a member of the NAACP, and who shall be recommended by the mayor and subject to confirmation by the city council. Persons appointed to the CRB are volunteers and shall receive no compensation.

When appointing members to the CRB, the mayor and city council shall consider the existing diversity composition of the CRB and shall endeavor to appoint individuals from different racial, ethnic, gender, national origin, socioeconomic, age or religious backgrounds.

(2)

The terms of each member shall be staggered four-year terms. Upon expiration of a member's term, their term may be extended until requalification and reappointment, or until a qualified replacement is appointed, but said extension shall not exceed one hundred eighty (180) days. Four (4) of the members appointed by city council shall each be a resident of one (1) of each of the four (4) city council single-member districts, unless no qualified member made application for appointment from a specific single-member district.

(3)

Annually, beginning January 2021, the CRB shall elect a chairperson ("chair") from among its members. The chair shall be allowed to vote on all matters appearing before the CRB. The CRB shall also elect a vice-chair from among its members. The vice-chair shall preside over the meeting in the absence of the chair.

(e)

Qualifications. Any member hereafter appointed to the CRB shall meet the following requirements, and thereafter members who no longer satisfy the following requirements, including the prohibitions, shall be automatically removed:

(1)

CRB members shall not:

Be a City of Tampa employee;

Be directly related to a city employee as defined by City of Tampa's Code of Ethics;

Within the last two (2) years have previously been employed by the Tampa Police Department or any other law enforcement agency, or currently work for any law enforcement agency;

Hold political office or be campaigning for office;

Have any prior felony convictions for a forcible felony as defined in F.S. § 776.08, fraud, theft, or perjury or any conviction involving moral turpitude such as theft, perjury, fraud or crimes of dishonesty;

Have any prior misdemeanor conviction for fraud, theft, crimes of dishonesty or any other crime involving moral turpitude;

Have pending felony or misdemeanor charges. If a current CRB member has a pending felony or misdemeanor charge, the member shall take a leave of absence until the criminal charge is resolved. If the criminal charge does not result in a conviction as set forth in section (e)(1)e. and (e)(1)f. above, the member may resume their service on the CRB;

Within the last two (2) years have previously been a party or a party's legal representative in litigation or filing of a legal claim against the city or against a police officer that alleged liability stemming from an arrest or the use of force.

(2)

CRB members shall:

Be at least 18 years of age;

Be a current resident of the City of Tampa; or own or be a principal in a business or a not-for-profit organization located in the City of Tampa;

Have completed a written application;

Have passed a criminal background check applicable to all appointees to City of Tampa Boards;

Be subject to and comply with the City of Tampa Code of Ethics;

Have successfully completed the Tampa Police Department Citizens Academy within six (6) months from the date of their appointment. Failure to do so shall result in a warning, and upon approval by a majority vote of the CRB, such member may request and receive an extension of one (1) additional month to complete such training. If the CRB does not grant an extension or such member fails to complete the training during the one-month extension, the member shall be automatically removed from the CRB;

Have participated in a minimum of three (3) hours in a ride-a-long in each of the department's three (3) districts, for a minimum total of nine (9) hours, to be completed within six (6) months from the date of their appointment. Failure to do so shall result in a warning, and upon approval by a majority vote of the CRB, such member may request and receive an extension of one (1) additional month to complete such training. If the CRB does not grant an extension or such member fails to complete the training during the one-month extension, the member shall be automatically removed from the CRB;

Attend a minimum of three-quarters of the scheduled meetings within a calendar year. Upon absence from two (2) meetings within a calendar year, a member shall receive a warning that one (1) additional absence during the calendar year shall result in automatic removal.

(f)

Meetings.

(1)

The CRB shall meet monthly if the number of items on an agenda necessitate monthly meetings (as determined by the chair); provided however, at a minimum, meetings shall occur on a quarterly basis.

(2)

At least four (4) times per year, the CRB meetings shall be held in a community location in each of the four (4) city council single-member districts, and the respective councilmember for said district shall be encouraged to attend the meeting in their district.

(3)

All members of city council shall attend at least one (1) meeting per calendar year, in person or virtually, and their attendance shall be reported in the CRB's annual report.

(4)

All meetings of the CRB shall be open to the public in accordance with the requirements of the Government-in-the-Sunshine Law and shall be broadcast to the public to the extent practical.

(5)

Notwithstanding any other provision of this section 18-8, the actions of the CRB shall not conflict with the provisions of F.S. §§ 112.532 and 112.533, known as the "Police Officer's Bill of Rights", nor any other rights afforded pursuant to Florida law or pursuant to the collective bargaining agreement between the City of Tampa and the Tampa Police Benevolent Association.

(6)

The CRB, by majority vote, shall adopt rules to govern procedures relating to its operation and the conduct of its meetings. The latest edition of Robert's Rules of Order Newly Revised shall govern the proceedings on all matters or issues not addressed or provided for in the CRB's adopted rules.

(g)

CRB procedures with respect to exercise of duties, responsibilities and authority. The CRB shall adhere to the following procedures when exercising their duties, responsibilities and authority as granted herein:

(1)

Review of closed investigations where certain discipline imposed— In accordance with section (c)(l), the CRB shall conduct its review at the conclusion of the department's professional standards bureau investigation and after discipline consisting of suspension, demotion or termination has been imposed by the chief of police.

The CRB shall receive and review the complete professional standards (internal affairs) investigation file and the department shall fully cooperate in providing information to the board.

The chief of police, or his designee, shall appear before the CRB to answer any questions about the disposition of the investigation and the imposed discipline.

Decision of the board. The decision of the CRB shall be advisory to the chief of police. Upon review of the investigation and by majority vote, the CRB may render one (1) of the following recommendations regarding the disposition of the investigation and discipline imposed based on the preponderance of the evidence:

Concur. The board agrees with the proposed determination regarding the disposition of the complaint and the discipline.

Do not concur. The board does not agree with the disposition of the complaint and discipline.

Unable to reach a decision. The board shall state, with specificity, the reasons related thereto.

Within thirty (30) days from the conclusion of the CRB's review, the CRB shall forward its written findings and recommendations to the chief of police and the affected officer.

When considering whether the discipline imposed was appropriate, the CRB shall consider whether the discipline is consistent with Standard Operating Procedure 641- Discipline Procedures; Standard Operating Procedure 509 - Discipline administration, the collective bargaining agreement and past disciplinary action for the same or similar violations of city or department policy. In any instance where the CRB disagrees with the discipline imposed, the CRB's disagreement is nonbinding and solely for the purpose of providing the chief of police input from the perspective of the CRB.

Following its review of the investigation by department's professional standards bureau, and any discipline imposed by the chief of police, the CRB should ensure the criminal justice standards and training commission is notified when the findings determine that an officer's actions constitute a failure to maintain good moral character, as defined in Fla. Admin. Code Sec. B-27.0011 and as required by F.S. § 943.1395(5) (as amended).

If the department has not submitted its investigation to the criminal justice standards and training commission, the CRB may submit a verifiable complaint to the criminal justice standards and training commission after reviewing an investigation brought before the CRB involving a finding of a moral character violation. A verified complaint to the criminal justice standards and training commission shall include all documentation required to make such a request, and the attorney for the CRB shall assist the CRB in assembling and submitting the documentation necessary to make the request.

(2)

Participation in interview process and hiring criteria.

The interview panel established by the department to evaluate, interview and make recommendations to the chief of police regarding prospective officers shall consist of diverse individuals from different racial, ethnic, gender, national origin, socioeconomic, age or religious backgrounds. The department shall provide all civilian members of the interview panel the same information regarding each prospective officer, and shall provide the information at least one week prior to the interview.

A member of the CRB shall participate in TPD's interview panel of prospective officers. The CRB shall determine, by majority vote, which of its members will participate in the interview panel and shall establish in its rules a method to rotate its' members at least twice a year to participate in the interview panel.

The CRB may, at any time, review and make recommendations to the chief of police and/or mayor regarding the department's hiring criteria and standards; provided however, CRB's review and/or recommendations regarding hiring criteria and standards of prospective officers must not conflict with any of the requirements of F.S. Ch. 943, Department of Law Enforcement.

(3)

Complaint tracking system.

On the first business day of each month, the department shall provide to the chair of the CRB, in paper or electronic format, (i) a list of all new complaints received by the department in the preceding month; and (ii) a list showing the status of all pending investigations in the department's professional standards bureau, provided however, both lists, and any other information provided to the CRB, shall first be redacted and all information shall be removed which is confidential or not subject to disclosure under F.S. § 119.01 et seq., Public Records, or F.S. §§ 112.532 and 112.533, Police Officer's Bill of Rights, or any other applicable state law, or the collective bargaining agreement entered between the City of Tampa and the Tampa Police Benevolent Association.

Complaints concerning allegations of police officer misconduct may be submitted via email to [email protected] and in order for the emailed complaint to be processed it must include the following information:

The complainant's name, address and telephone number;

The name, car number, badge number, or other identifiers for the officer against whom the complaint is made;

The name and contact information of any potential witnesses and/or the location of any evidence to support the complaint; and

The date, time and nature of the incident giving rise to the complaint.

On a weekly basis the inbox for [email protected] will be reviewed by the Professional Standards Bureau and any formal complaint received through the CRB email shall be transferred to and appear on the redacted list referenced in subsection (g)(3)a.

Notwithstanding subsection (g)(3)a., complaints about police officers may also be made as set forth in Standard Operating Procedure 651-Professional Standards-Internal Affairs Unit, Section IV.

(4)

CRB community survey—The CRB shall conduct a community survey to obtain public feedback about the Tampa Police Department and its policies and procedures. The community survey shall occur every two (2) years. The survey will be open no less than ten (10) weeks and the survey shall include, but is not limited to, questions regarding the community's perception of TPD engagement, perception of TPD's treatment of citizens; and policing practices that interest and/or raise concerns within the community.

(5)

Review of Completed Cases—The CRB may review completed professional standards bureau investigations involving use of force, and cases and issues of importance or interest to the community or the city. Through review of completed investigations, the CRB will determine whether the investigation and disposition of the case were consistent with the department's manual of regulations and standard operating procedures. Upon conclusion of the review of the completed investigation, the CRB may issue findings or make recommendations to the chief of police.

(6)

Review of matters of importance or interest—Through review of matters of importance or interest to the CRB, the CRB may make written recommendations regarding the department's handling of an issue, or written recommendations regarding any revisions or additions to department policy and procedures. When the CRB submits a written recommendation to the chief of police concerning department policies and procedures, the chief of police must respond to the CRB recommendation in writing within thirty (30) days and indicate whether the recommendation has been accepted and implemented or indicate the reasons why the recommendation was not accepted or implemented.

(7)

Recommendations In the course of exercising the duties and authority set forth above, the CRB may report findings and make other recommendations to the mayor and chief of police. A copy of any such recommendations shall be provided in writing to the city council and shall be included in the CRB's annual report.

(8)

Information requested by the CRB—In the exercise of its authority as set forth above, the CRB may request related or relevant information from the department; provided however, the CRB may not request or obtain information which is confidential or not subject to disclosure under F.S. § 119.01 et seq., Public Records, or F.S. §§ 112.532 and 112.533, Police Officer's Bill of Rights, or any other applicable state law, or the collective bargaining agreement entered between the City of Tampa and the Tampa Police Benevolent Association. The department shall provide the requested information at the next CRB monthly meeting, and if additional time is necessary for the department to provide such information, the coordinator may request such additional time from the CRB.

(h)

CRB staff duties and responsibilities. The provisions of this section will be administered by the CRB coordinator ("coordinator") and other members of the department, as designated by the chief of police, or city (collectively "staff"), who shall have the appropriate training and experience, and shall be provided by the department in sufficient number, to perform the following duties and responsibilities:

(1)

The staff shall maintain a thorough understanding of department policies and procedures, the governing collective bargaining agreements, the police officer's bill of rights, the Government-in-the-Sunshine Law, the Public Records Law, and the state and City Codes of Ethics, this Code and the City Charter.

(2)

The staff shall assist with the training of CRB members in accordance with the requirements of this section.

Training topics may include, but shall not be limited to: the department's written directives, policies and procedures; the department's manual of regulations; Florida Statutes, police officer's Bill of Rights; the department's law enforcement ethics; the use of force policy; pursuits policy, the writing and understanding of offense reports; the professional standards complaint process; grievance procedures; public records and exemptions; hiring practices, body worn cameras; or other topics that may assist the CRB in the execution of their duties.

The coordinator will hold a CRB training workshop biannually. The CRB, by majority vote, can elect to have particular topics taught during the workshop; to have workshops more frequently than biannually; and to have other organizations with expertise in certain subjects to present or participate in training workshops, subject to department budgetary limitations.

At each scheduled CRB meeting, the coordinator or staff shall make a short presentation on any updates regarding the topics listed in subsection (2)a. above, or on any topic requested by the CRB.

(3)

The coordinator shall notify the CRB in writing at least thirty (30) days before the TPD officially publishes new standard operating procedures that relate to the use of force or makes any substantive changes to the existing use of force policy. The notification of the policy change shall be in writing and will include a copy of the new policy or the proposed changes to an existing policy.

The coordinator shall appear at the CRB meeting following the notice regarding the change in the policy and explain the rationale for the policy change.

After the discussion, the CRB may provide written comments and feedback to the department to indicate whether they approve, or disapprove of the changes.

(4)

The staff shall provide appropriate legal public notice of the CRB meetings and agendas and shall prepare the agenda as directed by the CRB for each meeting in accordance with procedures approved by the CRB, as well as background information required for CRB members.

(5)

The coordinator will serve as the administrative liaison between the CRB and the department and/or chief of police, and shall be responsible to report the CRB findings and recommendations to the chief and the mayor.

(6)

The CRB shall be represented by an attorney who is not a city employee. The City of Tampa shall retain that attorney as follows:

The city attorney shall solicit applications for the position of the CRB legal advisor, with applicants to meet the following minimum criteria:

Membership in good standing in the Florida Bar.

ii.

A minimum of seven (7) years of experience as a licensed attorney.

iii.

Experience in related practice areas such as criminal law, civil litigation, employment law, law enforcement, or local government law. Preference will be given to attorneys with experience with the Florida Police Officer Bill of Rights, Federal § 1983 litigation, Florida Sunshine Law, and/or practice experience representing local boards.

Upon the closing of the application period, the city attorney will provide to the CRB all applications that meet the minimum criteria.

The CRB may establish procedures to select its legal advisor.

The city attorney shall hire the CRB legal advisor based upon the recommendations of the CRB.

The city council shall, by resolution, approve a contract for the services of the CRB legal advisor. The contract shall include:

The annual salary or hourly rate (with an annual cap) for the CRB legal advisor.

ii.

A specific description of the scope of services to be provided by the CRB legal advisor, which shall include providing legal advice to the CRB and its members and drafting correspondence on its behalf.

iii.

Such other terms and conditions as required by law or otherwise determined by the City of Tampa to be appropriate.

Payment for the services of the CRB legal advisor shall be made from the City of Tampa General Fund, subject to a budget appropriation approved by the city council and the mayor.

The CRB legal advisor shall not file suit, bring, or defend any action in court on behalf of the city council, the mayor, the several departments, officers, and boards of the city government, including the CRB, except with written authorization of the city attorney. No action or opinion of the CRB legal advisor shall be construed to be the official legal position of the city, and such official legal position and actions shall be solely within the scope of the powers and duties of the city attorney.

The CRB legal advisor may be removed by a majority vote at a meeting of the CRB, with the concurrence of city council.

(i)

CRB annual report.

(1)

The coordinator shall file a written annual report to CRB, TPD and the mayor no later than the date of the second CRB meeting of each calendar year. Within thirty (30) days of receipt of the annual report, CRB members shall review, and if necessary, make corrections to the annual report and vote to adopt the annual report.

(2)

Within sixty (60) days of adoption of the annual report, the coordinator and the CRB chair will present the annual report, in person and in writing to city council. Other CRB members may also attend and address the city council regarding the annual report. All city council members shall be required to certify their review of the annual report.

(3)

Said annual report shall include the following information for the previous calendar year: number and nature of matters considered by the CRB; statistics and summaries of citizen complaints; a comparison of the CRB's findings and conclusions with the actions taken by the chief of police; recommendations made by CRB related to changes in police policies and procedures; and an optional written statement by the CRB regarding their function or service; and any recommended changes concerning this section.

(Ord. No. 2015-121, § 2, 11-19-15; Ord. No. 2021-80, § 1(Exh. A), 6-17-2021; Ord. No. 2023-52, § 1, 4-6-2023)

Secs. 18-9—18-25. - Reserved.

ARTICLE II. - FEE AUTHORITY AND TYPES