Title 42 · Chapter 42 - POLICE

Office of professional compliance established; powers and duties generally

Section: 42-67

(a)

Creation; organizational status. There is hereby created an office of professional compliance (OPC), which shall monitor and observe the internal investigations of alleged abuses by police personnel. The office of professional compliance shall function within the city manager's office. The city shall provide the office of professional compliance with appropriately located office space, together with necessary office supplies, equipment, and furnishings.

(b)

Director of office; selection; authority. Performance of the functions and duties of this office shall be under the direction of the city manager who is empowered to delegate the authority to control the office to any person selected by the city manager, said person to be known as the director. The director of the office of professional compliance shall be an unclassified salaried civilian employee of the city.

(c)

Personnel.

(1)

Investigators. The OPC director shall select for appointment such investigators as classified civilian employees of the city, who shall be selected from among candidates referred by the department of human resources consistent with civil service rules and regulations.

(2)

Clerical staff. There shall also be one person selected by the OPC director as secretary who shall serve as a classified, salaried civilian employee of the city.

(d)

Powers and duties generally; operating procedures.

(1)

The office of professional compliance shall become involved in the investigations of alleged police abuse of citizens and in the investigations of complaints arising from police department shooting incidents, from the inception of the complaint to the submission of findings and conclusions of the investigations, as monitors and as observers. The limitations to be imposed upon the office of professional compliance shall only be such as to insure that the integrity of police department investigations is maintained in accordance with federal and state laws, including rules of evidence, prescribed police departmental procedures, and employees' rights.

(2)

The office of professional compliance is hereby authorized to exercise, in accordance with law, the privilege of examining all records and evidence and is hereby encouraged to provide input into any investigation under this article conducted by the police department by expressing concern, comments, and recommendations to any police personnel.

(3)

The office of professional compliance may demand, examine, and duplicate public records and documents in accordance with the provisions of F.S. ch. 119, as may be amended from time to time.

(4)

The observation and monitoring activities of the office of professional compliance shall be subject to any limitations imposed by the office of the state attorney.

(e)

Legal counsel. In all matters relating to the activity of the office of professional compliance, the office of the city attorney shall serve as legal counsel.

(Ord. No. 9127, §§ 1—4, 5(a), (b), (d), 7-10-80; Ord. No. 10071, § 7, 1-23-86; Ord. No. 10659, § 2, 10-12-89; Code 1980, § 42-62; Ord. No. 11823, § 2, 7-27-99)