New Sheriff Position Could Damage Civilian Oversight

Miami FL

07 April, 2022

5:03 PM

Description

By Samantha Morell, Miami Times Staff Writer (Miami Times File Photo), the Miami Times Apr 5, 2022 The Miami-Dade County Commission reestablished an Independent Civilian Panel (ICP) in 2020 to oversee complaints of police misconduct, but that role could be quickly thinned out with the imminent recreation of the sheriff's position in 2025. The Office of the Sheriff was done away with in 1966 as a result of criminal behavior and corruption, but in 2018, a statewide ballot initiative that would reverse that decision was approved. The amendment, known as Amendment 10 or the Protection Amendment, removed the ability for counties to abolish certain offices – namely, those of tax collector, supervisor of elections, property appraiser, clerk of the courts and sheriff. The amendment also prohibits the county from transferring the roles of sheriff to any other entity – in this case, the ICP. Now, as the 2024 election approaches, which will determine who will take the role of sheriff the following January, the ICP is trying to stay ahead of the game when it comes to assuring its role in the county's structure. During a March 29 ICP meeting, County Attorney Oren Rosenthal was brought in to address some of the panel's concerns. The group was interested in knowing how it can implement its own charter amendment or amendments in order to first specify a direct source of funding for the entity, but also to solve what it sees as an issue of independent legal counsel. Chairwoman Loreal Arscott is worried what might occur if the county attorney is meant to simultaneously represent both the ICP and the county police department in a case of future litigation. "We are an independent entity, and we're concerned that there could be, that there is an inherent conflict of interest if our job is to conduct civilian oversight of police-involved incidents," Arscott said. Rosenthal's presentation pointed to how charter amendments could be brought about by the ICP in one of two ways: either through a resolution adopted by the board of commissioners or through petition. In either case, the amendment will need more than half of the votes to pass. Loreal Arscott, ICP Chair (Miami Times File Photo) But charter amendments can only appear on a general election ballot, which occur every two years and where there's typically the highest turnout. The ICP therefore has to act fast if they wish to introduce an amendment to this year's election. Otherwise, it'll have to wait until 2024. Still, what exactly the role of the sheriff will entail is entirely up in the air. The county commission has yet to discuss how much power the new position will hold. "It's very much premature right now how the creation of the sheriff is going to affect the ICP," Arscott said, but she's certain that, to some extent, it will. "Once the board finalizes their plans for the sheriff, then we will definitely see the writing on the wall," she added. "We're holding our breath as well, and meanwhile trying to be as proactive as possible." The next ICP meeting will be held April 25, where the panel hopes to have an update from the charter review committee that will help the ICP decide on its next move. In the meantime, members are still clearing up their training schedules, drafting their website and trying to officially hire their executive director, police oversight veteran Nicole Barton, by contract. The Miami Times is the largest Black-owned newspaper in the south serving Miami's Black community since 1923. The award-winning weekly is frequently recognized as the best Black newspaper in the country by the National Newspaper Publishers Association.