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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 .

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Orange County Citizen Review Board

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  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

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