Understanding Law Enforcement Citizen Review Panels - Weiss Serota Helfman Cole + Bierman

By Brett J. Schneider, John Quick, Michael Kantor and Katherine Chin

Posted June 18, 2020

Brett J. Schneider, Civilian Oversight of Law Enforcement, John Quick, Katherine Chin, Michael Kantor, Municipal Counsel, Police Legal Advisement

In light of the heightened national attention on police use of force, many municipalities are trying to identify changes that can be made to police oversight to address community concerns. One such option is the formation of Community Oversight Boards.

Citizen Advisory Initiatives, such as investigatory boards, enable local governments to provide residents a means with which to independently participate in and make recommendations regarding law enforcement practice and procedure. Panels are often responsible for making recommendations regarding complaints about police conduct, though the community boards do not have authority to impose discipline. Municipalities also may grant such panels authority to review and provide non-binding input regarding policies and procedures. The boards afford municipalities an additional forum for community involvement and buy-in.

There are numerous legal issues regarding the formation and implementation of these board and the scope of their authority. Municipalities that are interested in exploring the creation of a board must carefully assess these issues, including the limitations imposed by the Florida Police Officers’ Bill of Rights contained in Chapter 112, Florida Statutes. For example, in D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017), the Florida Supreme Court held that the Police Officers’ Bill of Rights did not preempt the City from creating its Citizen Investigation Panel because that panel was carefully formed to avoid impinging responsibilities delegated exclusively to law enforcement agencies.

If your agency is interested in exploring the creation of a Community Oversight Board or you have any questions related thereto, please feel free to reach out to us to discuss.

Brett J. Schneider

Brett Schneider is the Managing Director of the Palm Beach office and chair of the firm’s Labor and Employment Division. As a Florida Bar Board Certified attorney in Labor and Employment Law, Brett helps public and private sector employers resolve issues in a prompt and efficient manner.

John Quick

John Quick is an innovative and creative thinker who is both a local government attorney and a litigator. In his role as city attorney for municipal clients, John handles land use and zoning matters, statutory and code interpretation issues, ethics concerns, taxation and budget matters, special assessments, police and fire issues, disability accommodations, public development and historic preservation.

Michael Kantor

Michael Kantor represents local governments and corporate clients in labor and employment litigation and commercial litigation. In the labor and employment field, Michael handles discrimination charges brought against public and private entities pursuant to state and federal anti-discrimination and wage and hour laws, including Title VII, the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Florida Civil Rights Act and the Florida Whistle-blower’s Act.

Katherine Chin

Katherine Chin is an associate in the Firm’s Labor & Employment Division. Her practice focuses on representing private and public employers in all phases of employment litigation, including matters arising under federal, state and local employment laws.