06-08-04 Item 2aCITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Maria V. Davis
City Manager Ar�ot5,
Date: June 8, 2004
Subject: Review of Police Procedures
Regarding Investigations
Per the request of Commissioner Wiscombe, I am providing the following synopsis of Detective
Gilbert's actions while conducting the campaign funds related investigation of the former Mayor.
The result of that inquiry shows quite clearly that there was no break in regular procedure
pertaining to following the chain of command or in the actual conduct of that investigation.
First, it should be mentioned that investigating officers make routine contact with the State
Attorney's Office on a near -daily basis to determine if there is probable cause before proceeding
with a case. Once that is determined the information concerning that case is discussed with the
investigating officer's superiors. That is what happened in the situation with the former Mayor
as well.
Secondly, Frank Gilbert has proven himself to be a fine officer over the years, not to mention a
top -notch investigator. Prior to coming to the City of South Miami, he served two years as an
investigator with the State of Florida Department of Insurance Fraud Division, and twelve years
as an investigator with the Dade County State Attorney's Office. He knows the procedures that
are to be followed and adheres to them.
All sworn members of the South Miami Police Department including Staff, Internal Affairs
Investigators, Detectives and Uniform Patrol Officers are responsible for enforcement of the
Criminal Statutes of the State of Florida, the Ordinances of Miami -Dade County and the City of
South Miami. According to Chapter 3 section 3.4 of the South Miami Police Department
Manual under the heading of Responsibility to Take Action, "If a criminal law has been
violated and there is probable cause to make an arrest, the member will take the appropriate
action."
Taking appropriate action includes, but is not limited to, notifying the proper agency for
continuing an investigation in which the South Miami Police Department does not have
jurisdiction or there is a possible conflict of interest. Failure to take the appropriate action may
result in disciplinary action against the member.
Chapter 3, Section 3.79 under the heading Chain of Command states, "Although the South
Miami Police Department is organized along military lines and regular channels must be
followed in addressing official communications, every member mauve an interview with the
Chief of Police through the chain of command." However, in case of an emergency official
channels may be bypassed and notifications made at a later date. This is what took place in the
situation with the former Mayor.
The Police Department's manual also provides an exception to what would normally be
considered strictly following the chain of command in instances involving cases of such extreme
sensitivity wherein there is the possibility that involvement of certain members of the chain of
command might jeopardize the integrity of the investigation. As a professional and knowing of
the relationship between the Chief of Police and the former Mayor, Detective Gilbert followed
this exception until the State Attorney's Office determined there was probable cause.
We rely on the knowledge and experience of our officers to protect us, to enforce all the laws
under their jurisdiction and to take appropriate action when they become aware of possible
criminal activity. There is no indication that Detective Gilbert did anything other than what was
expected of him, and that he acted in a thoroughly professional manner in carrying out his duties.
We commend him for following what had to be a difficult course of action and for doing his job
no matter who was involved.
Based on the results of our inquiry into this matter, I see no basis for any additional action on the
part of the City's administration. If any individuals desire further investigation, it should be
directed to a third party such as U.S. Attorney or the Inspector General's Office.
c.c.: Chief Orlando Martinez