CITY COUNCIL AGENDA ITEM
Memo Date: April 16, 2024
Agenda Date: May 14, 2024
Prepared By: Anthony Garganese, City Attorney
Through:
Requested Action:
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Approve Resolution #2024-042 amending and restating the duties and responsibilities of the Cocoa Police Community Relations Advisory Board in support of recent changes in State law.End
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BACKGROUND:
The City Council established the Cocoa Police Community Relations Advisory Board (whose title was later changed by the City Council to the Cocoa Police Community Relations Advisory Board) (hereinafter “BOARD”) in Resolution No. 2018-097. The Resolution was subsequently amended several times by Council.
On March 7, 2024, the Florida Legislature passed House Bill 601, which was signed into law by the Governor on April 12, 2024, as Laws of Florida Chapter 2024-86. Chapter 2024-86 amends Florida Statutes § 112.533 to provide as follows:
(3) A political subdivision may not adopt or attempt to enforce any ordinance relating to either of the following:
(a) The receipt, processing, or investigation by any political subdivision of this state of complaints of misconduct by law enforcement or correctional officers, except as expressly provided in this section.
(b) Civilian oversight of law enforcement agencies’ investigations of complaints of misconduct by law enforcement officers.
The amended § 112.533 takes effect July 1, 2024.
The legislative history of House Bill 601 and text of the amended Florida Statutes § 112.533 clarify that the intent of the amended law is to prevent civilian oversight agencies, such as Cocoa’s BOARD, from receiving complaints of law enforcement misconduct and conducting their own independent investigations of misconduct; however, the newly amended law does not prevent civilian oversight agencies from reviewing investigatory materials from a police department’s own internal misconduct investigations once those investigations have concluded; and
Although Cocoa’s BOARD has neither the ability to receive or process allegations of police misconduct nor the ability to oversee a law enforcement agency’s investigation of complaints of misconduct, Staff believes it is in the best interests of the BOARD and the City to revise the stated responsibilities of the BOARD in light of the restrictions imposed on civilian oversight agencies by the newly amended § 112.533 to not only affirmative state that the Council considered the new amendments to § 112.533, but to also provide language in the Resolution that affirmatively provides that the BOARD does not have the authority that is now expressly prohibited by Florida law.
The only revisions to the Resolution are to add Section 4(a) 9. which states:
9. Pursuant to Florida Statutes § 112.533, the BOARD must maintain the appearance of impropriety and shall never engage in or give the appearance of engaging in the receipt, processing, or investigation of allegations of law enforcement misconduct. Accordingly, the following limitations shall apply to the BOARD’s responsibilities:
i. The BOARD shall not receive or process complaints of law enforcement misconduct.
ii. The BOARD shall not conduct investigations into allegations of law enforcement misconduct.
iii. The BOARD shall not direct or recommend that the Police Department, City Council, City Manager, or any other person or entity investigate a complaint of law enforcement misconduct.
iv. The BOARD shall not engage in any discussion related to seeking authority from the City Council, Police Chief, City Manager, or any other person or entity to investigate allegations of law enforcement misconduct.
Section 9 of the Resolution also provides that the terms of current members of the BOARD are not affected by this Resolution and said BOARD members shall continue to serve on the BOARD.
Section 3 of the Resolution outlines the composition of the BOARD which consists of seven (7) members, who shall be residents or owners of real property and registered voters as provided in Section 2-58 of the City Code. Subject to each appointment being approved by majority vote of the City Council, each Councilmember shall have one appointment and the Coastal Florida Police Benevolent Association shall have one appointment. Additionally, the City Council shall by majority vote make one at-large appointment nominated by any Councilmember, City Manager or Police Chief who is a head of a Civic Organization.
Since 2019, there have been fifteen (15) committee meetings scheduled, with nine (9) of those without a quorum. The last meeting held with a quorum was March 23, 2023. Additionally, this BOARD has typically no public attendance. Due to the lack of quorums and interest, City Council may want to discuss making changes to the BOARD.
Due to the number of Resolutions adopted by Council over the years related to the BOARD’s duties and responsibilities, the proposed resolution also amends and restates the entire previously adopted Resolutions for the convenience of the Council, City administration, the BOARD, and the public.
STRATEGIC PLAN CONNECTION:
Public Safety and Community Standards
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
Council adopted Resolution No. 2018-097 establishing the Board and adopted several amendments thereafter per Resolutions No. 2019-10, and No. 2022-21.
RECOMMENDED MOTION:
Recommendation
Approve Resolution #2024-042 amending and restating the duties and responsibilities of the Cocoa Police Community Relations Advisory Board.