LTC 281-2012 MAXIMUS, Inc. t
MIAMI BEACH RE D E'''i
OFFICE OF THE CITY'MANAGER 2012 NOV - Fr '
N O. LTC # 281 -2012 LETTER TO GQMV 18S'101_1Fi" ICS=
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager %�
DATE: October 29, 2012
SUBJECT: MAXIMUS, Inc. Police Staffing Study Progress Update
The purpose of this Letter to Commission (LTC) is to provide the City of Miami Beach
Commission an update on actions taken by the Miami Beach Police Department (MBPD) to
implement the recommendations set forth in the MAXIMUS, Inc. Police Staffing Study. This
study, initiated in August 2005 and completed in March of 2006, focused on personnel staffing,
assignment levels, special details and off -duty employment.
On April 24, 2006, City Administration provided the Commission with LTC No. 119 -2006
(attached), which provided an update on the implementation of recommendations from the
MAXIMUS Study. This LTC. will provide an update as to the progress of implementing
recommendations resulting from the study since that date.
Background
The purpose of the study to determine the most effective personnel staffing levels and
deployment, as well as to evaluate existing policies governing overtime, off -duty and secondary
lemployment for the Miami Beach Police Department.
Since 2005, the City of Miami Beach and the MBPD have experienced their share of challenges,
as well as organizational changes, which have affected the implementation of many of the
recommendations provided through the MAXIMUS Study. Miami Beach continues to grow in
popularity and in the sheer number of visitors. As a result, the number of visitors has a
significant impact on City resources and how services are delivered to the community. This is
particularly true for the MBPD, which has continued to focus on its mission of making our
community safe for visitors, businesses and residents alike.
Since the completion of the MAXIMUS Study, the leadership of the MBPD has changed twice,
with two (2) different Chiefs of Police leading the Department. In addition, the City has
negotiated two (2) labor contracts with the Fraternal Order of Police (FOP). Throughout the
labor negotiation process, several of the recommendations made in the MAXIMUS Study had
been discussed, as they are subject to collective bargaining.
In November 2011, a renewed focus on the fundamentals of community policing, along with a
need for comprehensive organizational reform, prompted changes to MBPD to foster greater
accountability and more efficient and effective use of resources within the organization. As part
of that process, the recommendations made by the. MAXIMUS Study were revisited and
reevaluated.
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Conclusion
Attached, please find a status provided by the Police Department on the various
recommendations made by Maximus for the Miami Beach Police Department. There are various
secondary recommendations, which the Department has already implemented or is in the
process of implementing at this time.
The MBPD has and will continue to implement recommendations made by this study when
operationally and administratively feasible.
RAM /MNO /DM /MG
Attachment
Attachment
Status of the Recommendations made by Maximus
for the Miami Beach Police Department
The following is a summary of the main recommendations made by the Maximum study and the
actions taken to pursue implementation for each.
1. Recommendation: Change shift hour times in the Patrol Division and continue to
use the four (4) day, ten (10) hour schedule, with the following changes to the shift
times:
• Midnight Shift
From 2300 hours (11:00 p.m.) to 0900 hours (9:00 a.m.)
To 2100 hours (9:00 p.m.) to 0700 hours (7:00 a.m.)
• Day Shift
From 0700 hours (7:00 a.m.) to 1700 hours (5:00 p.m.)
To 0630 hours (6:30 a.m.) to 1630 hours (4:30 p.m.)
• Afternoon Shift
From 1500 hours (3:00 p.m.) to 0100 hours (1:00 a.m.)
To 1600 hours (4:00 p.m.) to 0200 hours (2:00 a.m.)
Implementation Actions:
As of November 21, 2011, uniform patrol officers assigned to platoons in the Operations
Division (formerly the Patrol Division) are working the following shifts 7 days week:
• Midnight Shift
From 2200 hours (10:00 p.m.) to 0800 hours (8:00 a.m.)
• Day Shift
From 0700 hours (7:00 a.m.) to 1700 hours (5:00 p.m.)
• Afternoon Shift
From 1600 hours (4:00 p.m.) to 0200 (2:00 a.m.)
Shift hour modifications were made based on the MAXIMUS, Inc. recommendations, as well as
the identified operational needs experienced by the Department. Modifications to the midnight
shift and the afternoon shift were made in order to provide a four -hour overlap of Operations
Division resources during peak hours, which are 10:00 p.m. to 2:00 a.m. During these peak
hours, the type and number of calls for service in the entertainment and night life areas are the
busiest.
2. Recommendation: Add a 4 th shift to the Patrol Division providing for an overlap
shift in the South District on Thursday, Friday, Saturday, and Sunday beginning
8pm to 6am.
Implementation Actions:
Although a 4 shift was added in 2005, which was staffed by Bike Patrol from 8pm to
6am, Thursday through Sunday, staffing the 4 th shift became problematic, primarily due
to turnover in personnel (promotions and retirements). As a result, the 4 th shift was
discontinued in April 2010, and replaced with modified shifts, deployed in critical areas at
peak times.
In November 2011, with the reorganization of the MBPD, the following sworn resources
were re- allocated to the Patrol Unit:
• RDA and Walking Beats (Washington Avenue, 41S St. and 71S St.) — 7 days a
week
4 beat officers from 5 th to 17 St
2 beat officers on 41 st St.
2 beat officers on 71 st St, with overlap on Saturdays)
1 Crime Suppression Team (1 Sergeant and 4 officers)
From 1100 hours (11:00 a.m.) to 2100 hours (9:00 p.m.)
Middle Beach (Area 2) — 7 days a week
1 Squad (1 Sergeant and 6 officers)
1 Crime Suppression Team (1 Sergeant and 4 officers)
From 1400 hours (2:00 p.m.) to 0000 hours (midnight)
• North Beach (Area 3) — 7 days a week
2 Squads (1 Sergeant and 7 officers per squad)
1 Crime Suppression Team (1 Sergeant and 4 officers)
From 1400 hours (2:00 p.m.) to 0000 hours (midnight)
3. Recommendation: Specialty Details
ATV — Beach Patrol Consider adding a second, overlapping shift to expand beach
coverage from 5:00 p.m. to 1:00 a.m. Install a monitored camera and enhanced
lighting system to monitor the beach and serve as a crime prevention tool.
Implementation Actions:
With the implementation of MBPD's Community Policing Plan, resources have been
reallocated to provide for an ATV police officer, 24 hours a day, 7 days a week in the
Entertainment District (Sector 3: 5 St to Lincoln Lane, Washington Avenue east). In
addition, to ensure the safety of visitors to the beach, Patrol Officers are required to
inspect the beach area at midnight and ensure that it is cleared of any beachgoers daily.
Beach hours are currently being enforced with the installation of barricades to serve as
beach access control gates. A more permanent solution is under consideration through
the Fiscal Year (FY) 2012/2013 Capital Budget process. These gates will be installed
throughout the City, which will visually indicate to visitors and residents that the beach is
closed at midnight, and will serve as a deterrent to keep people off the beach during the
midnight and early morning hours. This project includes the installation of gates in three
(3) phases, with Phase I including 30 pedestrian crossings between 17th Street and the
Jetty, as well as 12 vehicle crossing gates.
MBPD _presented the concept of installing a closed circuit television (CCTV) pilot
program in the Entertainment District at the July 25, 2012 Finance and Citywide Projects
Committee Budget Workshop. In weighing the different requests from MBPD, the
direction from the members of the Commission present at the meeting was to pursue the
acquisition of a mobile command van in lieu of the CCTV system.
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In addition, during the same meeting, the issue of additional lighting for the
Entertainment District was discussed, with MBPD's use of portable lighting during
Memorial Day Weekend 2012 touted as an example of a*recent success.
Marine Patrol: Implement a more thorough system of tracking calls for service.
Implementation Actions: E
Since the-completion of the MAXIMUS Study, the Marine Patrol Squad (MPS) has been
entering their calls for service in MBPD's Computer Aided Design (CAD) system.
Workload measures are now tracked and reviewed by supervisors in order to ensure
productivity of the squad. Below is a comparison of workload measures for the squad:
Calendar Year 2010 Calendar Year 2011
Dispatched Calls 61 448
Self Initiated Calls 1,059 - 5,753
Vessel Stops 311 2,323
Vessel Citations 52 1,386
Felony Arrests 1 10
Misdemeanor Arrests 4 70
The MPS has increased from two (2) police officers to four (4) police officers providing
coverage seven (7) days a week. Moreover, a benchmark was established for Marine
Patrol personnel to ensure that proactive patrol is conducted on the waterway a
minimum of four (4) hours per shift in the winter and four to six (4 -6) hours per shift
during the summer months. MPS officers are required to complete a Daily Activity Log
detailing all activities hour -by -hour.
In addition, as a result of a recent staff inspection of the MPS, officers are required to
advise via the police radio whenever they take action, be it law enforcement or public
safety interventions. Furthermore, the MPS Sergeant has been assigned to work
Wednesdays, Thursdays, Fridays and Saturdays in order to provide supervisory
oversight during peak days and times.
Criminal Investigations Unit: Schedule detectives to work five (5) eight and one
half (8.5) hour shifts (includes lunch) with substantial weekend and evening
coverage so that investigations can be pursued while evidence is still fresh and
witnesses and victims are still readily available for interviews.
Add Public Safety Specialist positions as Investigative Aides to Property Crimes,
Economic Crimes, and Auto Crimes. These civilians should be trained to support
investigators by making telephone calls, checking computer files and conducting
analysis to discover pattern crime and repeat offenders.
Implementation Actions:
The Captain supervising the Criminal Investigations Unit is currently working towards
scheduling seven (7) day coverage for all sections, providing coverage by a detective on
Weekends at various hours based on the type of crime. Currently, there are two (2)
detectives that are assigned weekend coverage from 7:30 a.m. to 5:30 p.m., and one (1)
sergeant and two (2) robbery detectives from 2:00 p.m. to 12:00 a.m. on Saturday. In
addition, the Violent Crimes /Homicide Section has one (1) detective from 7:30 a.m. to
5:30 p.m. working Saturday and Sunday. There are also two (2) Crime Suppression
Detective Teams comprised of two (2) Sergeants and eight (8) detectives that provide
investigative support on Saturdays.
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There are currently two (2) dedicated crime analysts assigned to. the Criminal
Investigations Unit providing crime trends, intelligence and support to investigative
personnel. As part of the. FY 2012/13 budget process, MBPD is requesting the
conversion of positions to fund three (3) additional Crime Analyst positions. In addition,
Police officers on light duty are temporarily assigned to assist in this function.
4. Recommendation: Traffic Enforcement
A. dopt a more strategic approach to traffic enforcement by establishing a.traffic collision
analysis function.
Implementation Actions:
There have been several initiatives in support of traffic collision analysis. These
initiatives_ include the implementation of the Red Light Camera Photo Enforcement
Program and the CLEAR Program, as' well as the tracking of the top ten (10) traffic
intersection for crashes in the City. MBPD's Accident Investigation Unit (AIU) tracks
crash data in a database, which aids in the identification of high risk intersections.
In FY 2007/2008, the CLEAR Program (Clearing of Lanes, Easements, Alleyways, &
Right of Ways) was developed in conjunction with the Parking Department. The program
involved the Motorcycle Squad working with the Parking Department to enforce loading
zones, blocking roadways and other violations where the flow of traffic is. hindered.
As a result of the CLEAR Program, data compiled by the Motorcycle Squad
demonstrates a high level of enforcement activity, which would serve as a deterrent
factor for repeat offenders. The number of parking violations (enforcement of loading
zones, etc) was significantly reduced from 2009 to 2010, signaling compliance by
motorists.
2009 2010 2011
( January-Jul y)
Moving Violations 1,024 1,179 511
- Parking Violations 8,560 5,793 3,705
This program was discontinued in the FY 2011/2012 budget as an approved service
reduction. Due .to this service reduction, police officers now address these issues when
encountered on routine patrol. The lack of a coordinated effort has reduced the level of
enforcement of these types of violations. In addition, the MBPD is in the process of
researching the feasibility of implementing a software solution that records, tracks and
analyzes crash data.
The Red Light Camera program currently has ten (10) red light cameras deployed at
nine (9) intersections throughout the City. Since the implementation of the Red Light
Camera Photo Enforcement program on April 15; 2010, crashes have declined at the
intersections where the red light cameras are located. From FY 200912010 to FY
2010/2011, the number of crashes at the red light camera intersections declined from 59
to 49 - approximately a 17% decline.
5. Recommendation: Unanticipated Leave Policies
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Re- institute a leave buy back policy as an incentive to address use of
unanticipated leave that results in staffing shortages that have to be filled by
officers on overtime.
Implementation Actions.
The establishment of a leave buy back provision for the MBPD is policy decision which
would need to be discussed as part of the collective bargaining process. Reinstituting a
leave buy back provision can be a costly endeavor for the City, especially if the buy back
occurs at the end of a police officer's career, when leave hours are accrued in significant
numbers.
Sick sell back provisions were included the 2006 -2009 FOP Collective Bargaining
Agreements, with no impact to unanticipated r leave usage. The Sick Sell Back program
was discontinued after September 30, 2009. In the 2009 -2012 FOP Collective
Bargaining Agreement, a sick sell back provision for pension was implemented as a
means to minimize the use of unanticipated leave. The impact of this provision is still
being assessed since this provision was recently implemented into the current FOP
Collective Bargaining Agreement. In order to significantly impact the use of unanticipated
leave, the City would need to negotiate a limit on the amount of discretionary leave that
can be used by officers. The Department continues to further analyze and reevaluate the
City's current sick leave policy; however, these provisions would need to be negotiated
between labor and management during contract negotiations, and an assessment of the
_economic impact to the City would need to be conducted, especially during these lean
economic times.
Place additional limitations on leave requests during the Department's busiest
season.
Implementation Actions:
Currently, the MBPD limits leave requests to four (4) officers per shift year - round, with
the exception of Memorial Day Weekend. During Memorial Day Weekend, sworn
personnel are restricted from taking approved leave, and the entire Department
scheduled to work Alpha /Bravo shifts (12 hour shifts). This is done to ensure public
safety services remain at the current level of service for residents and businesses
throughout the City during times when there is a high volume of 'visitors in the
Entertainment District.
The use of compensatory time by officers is regulated by the Fair Labor Standards Act
(FLSA). An employer may deny the request for compensatory time off only if to grant
the time off would "unduly disrupt" the operations of the employer. Aside from Memorial
Day Weekend, there is no other time where it is necessary, from an operational
standpoint, to restrict approved leave. Case law on the use of compensatory time
relative to the Fair Labor Standards Act finds that the fact that an employer may have to
replace an employee using compensatory time off with another employee on an
overtime basis is not a basis for denying a request for compensatory time off.
Under FLSA Section 207(0), an employee who has accrued compensatory time off "shall
be permitted to use such time off' within a "reasonable period" after making the request.
Moreover, there is significant conflict between court rulings as to what is deemed to be a
"reasonable period ", and as such, many times past practice or agreed upon thresholds
as part of collective bargaining agreements.
Change the provision of calling in advance for time for vacation, floating holidays,
and religious holidays from 24 hours in advance to 14 days in advance.
Implementation Actions:
It is anticipated that to change the threshold from 24 hours advance notice. to take time
off to 14 days advance notice, would increase the number of sick call -ins or emergency
vacation resulting in a higher absentee rate. As a result, it was determined that
requiring officers to provide 14 days advance notice would be detrimental to the overall
operation of the MBPD. The department is currently assessing this policy to determine if
there are other thresholds of advance notice that should be considered.
6. Recommendation: Fatigue factors
Restrict the total number of hours an officer is regularly scheduled to work per
seven (7) day period to 64 hours with additional restrictions as follows:
• No off -duty work can be worked in the six (6) hours directly preceding an
officer's shift starting time.
• Once an officer works 64 hours in a seven (7) day work period, the officer
can work no additional "off- duty" hours, but may exceed 64 hours in order
to complete the officer's on schedule or to work overtime assignments.
Consider regulations that permit police officers from other agencies to work off-
duty in Miami Beach, under the same rules as for Miami Beach Police Officers.
Implementation Actions:
The MBPD continues to evaluate changes to the current policy and procedure governing
off -duty and outside employment. MBPD is researching the issues and problems
associated with police officers working night clubs and establishments serving primarily
alcohol, as well as researching how comparable jurisdictions are managing off -duty and
outside employment.
This is an issue of particular interest to local business owners, especially in the
Entertainment District. Changes to the off -duty and outside employment policies are
issues that need to be discussed with a host of stakeholders, including the Commission,
the local business community and the FOP, as it may represent a change in the level of
service provided by MBPD to the business community.
Currently, requests for off duty police are received.and managed by the MBPD Off Duty
Office, which is responsible for coordinating all off duty jobs. When requests are made
to this office, the expectation by the customer is that a Miami Beach Police Officer will fill
the job. In the event that MBPD Officers are unable to fill the job, police officers from
other police agencies in Miami Dade County, can currently work in an off -duty capacity
in the City of Miami Beach.
7. Recommendation: Other Recommendations
Enhancing the patrol response staffing and scheduling to meet the following
standards:
• District officers should handle 80 % -90% of the calls for service in their
assigned district.
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• District officers should average no more than 50 % -60% of their available
time on calls for service during off -peak times.
• District officers should average no more than 70 % -80% of their time on
calls for service during peak call for service hours as long as the 70 % -80%
time commitment is no longer than four (4) hours in duration.
Implementation Actions:
With the recent implementation of the Community Policing Plan, MBPD is not yet able to
determine quantitatively if police officers are meeting the standards of 80% to 90% of the
calls for service handled in their respective areas, 50% to 60% of their available time on
calls for service during off -peak times, or whether officers are spending 70% to 80% of
their time on calls for service during peak hours. Limitations in capturing and analyzing
data by specific sectors or readily accessing reports by Area and /or Section are specific
issues being encountered by Command Staff relative to the New World /CAD -RMS
system. The current configuration of the system would require an analysis of each call
for service to determine if it was responded to by an officer assigned to that area, or it
was responded to by an officer from another area or another sector. Although this can
certainly be accomplished, it is a task that would require staffing resources and time.
However, .based on anecdotal information and the limited data available, command and
supervisory staff estimate that currently, most calls within an Area are being handled by
the officers assigned to that Area. In addition, officers are assigned to proactive
preventative patrol activities (i.e., park and walk, watch orders, neighborhood courtesy
checks, etc.), which occupy a large percentage of the officers unobligated time (patrol
time).
MBPD is currently working with IT to identify issues with New World in order to ensure
that the system is corrected to aid in the identification of crime trends, as well as assist in
the reporting of workload measures by area and sector.
Change current policy stating that seniority not be the sole determinant governing
many of the policies of the Department.
Implementation Actions:
From a management perspective, scheduling shifts and work assignments based on
factors other than seniority would give a great amount of flexibility to scheduling
personnel for major events and shifts. However, based on the current Collective
Bargaining Agreement with the FOP, provisions relative to assignments and scheduling
based on seniority is very specific. Any changes to these provisions would be subject to
collective bargaining, and this is an item which will be pursued as part of the next
collective bargaining agreement.
Adopt a formal problem oriented policing methodology to identify and track the
work of the personnel assigned to the RDA's.
Implementation Actions:
Based on the community Policing Plan, police personnel assigned to RDA have
structured assignments consistent with police officers assigned to Sectors on Area
platoons. They are held accountable for workload measures and enforcement statistics
in their assigned Areas. RDA Lieutenants and Sergeants provide oversight and are
responsible for their personnel performance evaluations. RDA Officers work closely with
business owners and engage in problem oriented policing on a regular basis. There is as
much or more accountability for enforcement efforts in the RDA, as compared to
personnel assigned to Sectors.
The following table reflects the enforcement actions and activities conducted by RDA
personnel. The number of personnel assigned to the RDA varies from year to year.
Year Dispatched Self- initiated Felony Misdemeanor Moving Citizen
Calls for Enforcement Arrest Arrests Traffic Contacts
Service Actions Violations
2008 14,905 10,954 164 795 2,782 14,141
2009 10,806 1 7,577 189 625 1,681 5,093
2010 12,327 9,008 163 837 2,848 2,400
2011 13 18,069 1 169 490 2,795 3,432
Consider using private security to fill various positions, such a finger printing
citizens, issuing parking tickets to violators of handicap parking, guarding
prisoners who are hospitalized and providing assistance on site to protect the
integrity of the crime scenes.
Implementation Actions:
The City of Miami Beach contracts with a security company to provide uniformed
unarmed security along the beachwallk, boardwalk and other locations in'the City. They
also provide security at barricades utilized to block traffic for. major events occurring in
the City. Currently, finger printing services for residents is conducted by civilian
personnel in the MBD. Utilizing private security officers for issuing parking citations to
handicap parking violators, guarding prisoners in hospitals or providing security at crime
scenes is not a recommended practice, as these functions requires specialized training
and certifications, as well as raise concerns from a liability standpoint. As has been the
experience with using private security for other functions, ensuring a consistent level of
service is a continuing challenge, as the City does not control the assignment or turnover
of personnel.
In addition, the Parking Department has full -time Parking Enforcement Officers that
enforce parking violations, and Clerks are assigned to the Records Management Section
of MBPD provide finger print service.
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