Orange County Citizen Review Board Presented to Board

Orange County Citizen Review Board Presented to Board of County Commissioners June 23, 2009

Orange County Citizen Review Board Presentation Outline § § History of CRB Litigation Overview Options Board Action

Orange County Citizen Review Board History of CRB § November 1992 • County voters adopted Charter Provision #1 • Charter Provision #1 established: - Sheriff, Property Appraiser and Tax Collector as Charter Officers - An independent citizen review board to investigate complaints of abuse of power and excessive force

Orange County Citizen Review Board History of CRB (Con’t) § October 1992 § Charter Amendment was challenged by the PBA, Sheriff, Property Appraiser and Tax Collector § December 1994 § Charter Amendment Provision upheld by Florida Supreme Court. Charter Review Commission of Orange County v. Scott, 647 So. 2 d 835 (Fla. 1994)

Orange County Citizen Review Board History of CRB (Con’t) § June 1995 • BCC adopted Ordinance implementing CRB Charter provision • CRB Charter/Ordinance provided: - 9 members (7 appointed by BCC and 2 appointed by Sheriff) - Independent legal counsel - Subpoena power - Conformity to Law Enforcement Officer Bill of Rights (Section 112. 533, Fla. Stat. )

Orange County Citizen Review Board History of CRB (Con’t) § November 1996 • Voters approved Charter provision returning Sheriff, Property Appraiser and Tax Collector to Constitutional Officers status • CRB provisions left unchanged

Orange County Citizen Review Board History of CRB (Con’t) § June 2004 • Sheriff and BCC agree that: - Administrative support shifted to County - Televised meetings in Chambers § July 2004 • Sheriff rescinded General Order requiring deputies to appear before the CRB

Orange County Citizen Review Board History of CRB (Con’t) § Ultimate purpose of CRB is to investigate complaints of abuse of power or excessive force • Investigation is accomplished by reviewing cases heard by Professional Standards Department (PSD) • Following review CRB may make non-binding recommendations to Sheriff • Between 1998 – 2008, the CRB reviewed 332 cases • CRB agreed with 94% of the PSD findings

Orange County Citizen Review Board History of CRB (Con’t) § § § In 2008 -2009, the CRB heard 13 cases CRB agreed with the findings of the PSD in all cases In one case CRB recommended further training

Orange County Citizen Review Board Presentation Outline § § History of CRB Litigation Overview Options Board Action

Orange County Citizen Review Board Litigation Overview § May 26, 2005 • CRB issued its first subpoena to Deputy Steven Jenny § June 16, 2005 • Deputy Steven Jenny filed Writ of Prohibition challenging subpoena power § February 2006 • Jenny Petition was dismissed by the Circuit Court

Orange County Citizen Review Board Litigation Overview § June 2006 • CRB filed action in Circuit Court to enforce Jenny subpoena § August 2006 • Sheriff and Jenny challenged the Constitutionality of the CRB Charter and Ordinance

Orange County Citizen Review Board Litigation Overview § March 2008 • The Circuit Court entered Summary Judgment upholding the CRB Charter provision, the CRB Ordinance, and the CRB’s subpoena power • Sheriff and Deputy Jenny appealed to 5 th District Court of Appeal

Orange County Citizen Review Board Litigation Overview § May 29, 2009 • The Appellate Court struck Charter Provision and Ordinance, holding: - CRB’s investigation process conflicts with Law Enforcement Officer Bill of Rights - CRB provisions infringe on independence of Sheriff - Neither the Charter nor Ordinance can be preserved by severing unconstitutional provisions

Orange County Citizen Review Board Summary § Following the decision: • Sheriff Demings contacted Mayor Crotty and offered a modified CRB • CRB directed its attorney to appeal 5 th DCA decision • County Attorney has received offers from Key West and others to file Amicus Brief on behalf of County

Orange County Citizen Review Board Presentation Outline § § History of CRB Litigation Overview Options Board Action

Orange County Citizen Review Board Options 1. File a Petition for Writ of Certiorari requesting review by the Florida Supreme Court 2. Allow the Order to become final and let the CRB pursue any subsequent review on its own 3. Create a new CRB with limited powers and duties through a Charter Amendment 4. Create a new CRB with limited powers and duties through the adoption of an Ordinance

Orange County Citizen Review Board Presentation Outline § § History of CRB Litigation Overview Options Board Action

Orange County Citizen Review Board Action BOARD DIRECTION: 1. Seek relief from the Florida Supreme Court 2. Create a new CRB (Charter or Ordinance) 3. Take no further action at this time

Orange County Citizen Review Board Presented to Board of County Commissioners June 23, 2009