1 Orange County Citizen Review Board Presented to Board of County Commissioners April 1, 2008 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 Presentation Outline  Background / Historical Overview  County’s Role  Citizens Review Board Process  2006 / 2007 Year in Review  Summary

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 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 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” 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” Orange County Citizen Review Board

Background / Historical Overview (Con’t)  “ Law Enforcement and Correctional Officer’s Bill of Rights” (§§ – , 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 Background / Historical Overview (Con’t)  “ Law Enforcement and Correctional Officer’s Bill of Rights” (§§ – , 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 Orange County Citizen Review Board

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

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 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 Orange County Citizen Review Board

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

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 (§ (b)(1), F.S.)  Administrative staff provides CRB members with OPS completed investigation at least 2 weeks in advance of a scheduled CRB meeting 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 (§ (b)(1), F.S.)  Administrative staff provides CRB members with OPS completed investigation at least 2 weeks in advance of a scheduled CRB meeting 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 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 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 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 Orange County Citizen Review Board

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

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 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 Orange County Citizen Review Board

14 CRB CASES

/ 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 / 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. Orange County Citizen Review Board

/ 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 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 Orange County Citizen Review Board

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

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 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 Orange County Citizen Review Board

19 Orange County Citizen Review Board Presented to Board of County Commissioners April 1, 2008 Presented to Board of County Commissioners April 1, 2008