NEWS > 17 May 2007

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Miami Herald - Miami,FL,USA
17 May 2007

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Miami Police Department, FL

Miami police under fire over b

A civil rights group has challenged the Miami Police Department's policy that bars its employees from associating with felons and other people `of ill repute.'

It was an ultimatum Officer Viona Browne-Williams never thought she would face: Leave your husband or lose your job. Her husband is a convicted felon, which put Browne-Williams afoul of policies of her employer, the Miami Police Department .

''I was informed that I either separate or be terminated,'' she said Wednesday during a news conference organized by the Miami-Dade NAACP.

Saying some employees face a choice between their job and their families, the branch on Wednesday criticized a department policy that forbids officers from associating with criminals.

The policy, which prohibits ''associating with undesirable persons,'' states that members of the department cannot associate ``in any manner whatsoever with known offenders, known criminals, prostitutes or persons of ill repute.''

The department says the rule is designed to maintain integrity, protect sensitive police information and uphold laws designed to keep guns away from convicted felons. It applies to both civilian and uniformed department employees. The city does not have a similar policy for other employees, City Manager Pete Hernandez said.

REINSTATEMENT, PAY

Bishop Victor T. Curry, the local NAACP president, called on the department to change the policy so that it would not create family hardships. Curry urged that the fired officers -- the department was unable to provide a count Wednesday -- be reinstated and given back pay.

Ronald Cohen, attorney for former Officer April Hardemon Barnes, who was fired under the policy in 2005, said the city has prohibited officers from returning to work even after they have been cleared by the Civil Service Board.

The board unanimously overturned Barnes' termination in 2006. But then-City Manager Joe Arriola blocked her return. Barnes has appealed that decision in Miami-Dade Circuit Court.

Hernandez said he would prefer to consider officers' cases individually.

''Personally . . . I'd like to look at the cases individually,'' he said. For example, someone who is arrested at 18, serves prison time and remains problem free for 15 years and has his rights restored might merit special consideration over ''someone who has continuous issues with the law,'' he said.

Miami-Dade Police Department guidelines prohibit employees from associating with ''persons engaged in unlawful activities,'' except when they perform their official duty.

Spokeswoman Nelda Fonticiella said officers must avoid any conduct that might compromise the integrity of the department, fellow officers or themselves.

BROWARD POLICY

Adora Obi Nweze, president of the Florida State Conference of NAACP Branches, said she suspects the policy also is an issue in Broward County. ''This is one of the many things we will be addressing,'' she said.

Indeed, if a Broward Sheriff's Office employee has a relationship with someone who was convicted of a felony or planning to commit a felony, they must disclose the relationship to their supervisor, according to BSO policy.

''We have a similar policy like Miami,'' said BSO spokesman Jim Leljedal.

Hollywood's department, as well, forbids officers from ''associating with anyone of ill repute,'' said Capt. Tony Rode, a spokesman.

During a news conference broadcast Wednesday morning on WMBM 1490-AM radio, which serves a predominantly black audience, Curry said the NAACP has been talking since January with police and city leaders, including Chief John Timoney, Deputy Chief Frank Fernandez, Mayor Manny Diaz and Commissioner Michelle Spence Jones.

''The mayor's last words were they're looking at changing the policy,'' Curry said. ``We were trying to resolve this privately.''

But Curry also took the matter to the airwaves, hoping community pressure would force the city to act.

''We wanted to let the community know what was going on,'' he said. 'Hopefully those people who are listening will say `this is unfair.' ''

Chief Timoney had no comment, said department spokesman Lt. Bill Schwartz. Diaz is out of town until Friday, his spokeswoman said.

Curry and others said the policy has the potential to disproportionately affect black female officers because of the large percentage of Florida inmates who are black males.

But the NAACP acknowledged the policy has affected people of all races and ethnic backgrounds.

''It's not a color thing,'' Curry said.

PLEA: APPLY TO ALL

Miami Community Police Benevolent Association President Vernell Reynolds said the rule should apply to all officers, noting the 2006 conviction of Timoney's adult son, Sean, on federal charges of trying to buy 400 pounds of marijuana from an undercover agent. Sean Timoney was sentenced in Philadelphia to 18 months in prison.

Last year, Timoney told The Miami Herald that the rule does not apply in his son's case because ``he doesn't live with me.''

Browne-Williams, a 21-year-veteran and officer with the Allapattah NET office, said she was told last year she could no longer live with husband Larry Williams. The couple have two adult children and two grandchildren, she said.

Williams was convicted of armed robbery and kidnapping in 1988, after the birth of their second child, and was released from prison in 2002. The couple married shortly after his release from prison.

Browne-Wiliams served an 80-hour suspension and faces a civil-service hearing in September.

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Article sourced from

Miami Herald - Miami,FL,USA17 May 2007

Miami police under fire over b

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Miami Herald - Miami,FL,USA
17 May 2007