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Title: Peace Psychology and Independent Oversight of Policing


1
Peace Psychology and Independent Oversight of
Policing
  • Dr. Eduardo I. Diaz Executive Director
    Independent Review Panel (IRP) Miami-Dade
    County
  • eid_at_miamidade.gov

2
Introduction
  • Presenter will provide a status update on
    Civilian Oversight of Law Enforcement, nationally
    and internationally.
  • Presenter has 25 years experience in Criminal
    Justice related public service with 11 of those
    years at the Independent Review Panel.
  • Presenter is President of the National
    Association for Civilian Oversight of Law
    Enforcement (NACOLE) and 2008 President-Elect of
    the Society for the Study of Peace, Conflict and
    Violence the Peace Psychology Division of the
    American Psychological Association (APA).

3
Learning Objectives
  • Articulation of basic Peace Psychology principles
  • Skill development useful in violence reduction,
    community building and dispute resolution
  • Understanding of the Independent Review Panel
    process model
  • Discernment of community commitment to
    independent external citizen oversight

4
Basic Peace Psychology
  • Violence Reduction
  • Dispute Resolution
  • Community Building
  • Constructive Conflict Actions

http//www.apa.org/about/division/div48
5
Miami-Dade Independent Review Panel
  • Oversight Is Everybodys Business
  • 140 West Flagler StreetSuite 1101Miami, FL
    33130
  • 305-375-4880
  • www.miamidade.gov/irp

Produced by Fernando L. Robreño
6
History
The Independent Review Panel (IRP) was created by
the Metropolitan Dade County Board of County
Commissioners in January, 1980, and was designed
to operate autonomously from county government as
an independent civilian "watchdog" agency. The
unique combination of police review and
"ombudsman" functions within one autonomous
civilian agency was the result of a delicate
balance and compromise that arose out of the
community outrage following the McDuffie and
LaFleur police shootings and subsequent riots in
1979. The Board conceived this innovative
approach as a means to improve community
confidence in all aspects of its government.
7
Composition of The IRP
  • The Independent Review Panel is made up of two
    key components
  • IRP Staff
  • Charged with providing support structure for the
    Panel complaint intake, complaint mediation,
    dispute resolution, report writing, organizing
    committee meetings, community outreach etc.
  • Panel
  •   Nine members, five appointed by the Board of
    County Commissioners from nominations made by the
    Community Action Agency, Community Relations
    Board, Dade County Association of Chiefs of
    Police, Dade County Bar Association and Dade
    County League of Women Voters. The panel itself
    selects the other four, taking into consideration
    ethno-cultural and gender community
    representation. Makes recommendations for policy
    change, disciplinary or corrective action.

8
The IRP What We Do
  • Safe Mediated Dispute Resolution
  • -Requesting an investigation of serious
    complaints from the involved department
  • -Reviewing complaints and the departmental
    response
  • -Conducting face-to-face mediations employing
    constructive conflict strategies
  • -Holding public hearings to address citizen
    complaints
  • Fact Finding
  • -Independent Community inquiry
  • -Independent studies of grievances
  • Recommendations
  • -Corrective action
  • -Employee be disciplined or commended
  • -Departmental or County policies and procedures
    be revised
  • Conflict Resolution Training

9
Complaints
  • Types of Complaints Handled by IRP
  • -Excessive Use of Force
  • -Improper Detainment
  • -Racial Profiling
  • -Abuse of Authority
  • -Department Policy Violation
  • -Mismanagement
  • -Harassment (multiple occurrences)
  • Types of Complaints Not Handled by IRP
  • -Legal Matters
  • False Arrests
  • Citations
  • -Civil Rights Violations
  • -Complaints Against Municipalities (Unless
    requested by City)
  • -Complaints Against Elected Officials
  • -Complaints Against Private Persons or
    Businesses
  • -Landlord/Tenant Disputes
  • -Employee Grievances

10
What Information Should You Have?
  • What happened?
  • -A detailed, factual description of the
    incident (or incidents).
  • Where did it happen?
  • -Address or location.
  • When did it happen?
  • -Date and time.
  • Who was there?
  • -As much identifying information as possible
    regarding the accused County employees and
    witnesses.
  • Evidence
  • -Support the allegations of wrongdoing, such as
    witness statements, documents, pictures,
    records, etc.

11
The Process
  • Intake
  • -Complaints may be received in person, by mail,
    fax, over the phone or email. Complainants may
    remain anonymous.
  • Screening
  • -Each complaint is screened by a staff
    screening committee to determine how the IRP can
    best serve the complainant within the boundaries
    of its authority and powers.
  • Investigation
  • -The involved department provides Panel staff
    with a copy of its complete investigative file.
    If the complaint is satisfied with the
    Departments investigation, the complaint may be
    concluded. If the complainant or staff is not
    satisfied with the Departments investigation,
    the complaint is referred to a committee for
    mediation.
  • Committee Meeting
  • -One or more Panel members, Panel Staff, the
    complainant and a representative from the
    involved department participate in the meeting.
    The Panel cannot compel the accused employee to
    attend. The participating parties may bring
    others to the meetings. These informal meetings
    are held around a table and are open to the
    public. The committee listens to all parties
    and makes findings and recommendation for
    consideration by the nine-member Panel.
  • Panel Meeting
  • -The full nine-member Panel meets once a month
    to publicly review specific complaints. The
    Panel has the final word on the recommendations,
    which are then sent to the involved department
    director, County manager, commissioners and the
    Executive Mayor.

12
The IRP You
  • Trained staff will listen to your complaint in an
    open and non-judgmental way.
  • You can be a part of making Miami-Dade County
    responsive to the public.
  • You will gain a better understanding of County
    Departments you are complaining about.
  • Your complaint may result in recommended changes
    in policies and procedures
  • Your complaint may help prevent recurrence of
    inappropriate behavior.

13
Competing Proposals Vs the IRP
  • Competing Proposals
  • Adversarial Citizen Investigative Panel
  • Police Union Zero Oversight Needed
  • IRP Strengths
  • Proven Impact On Police Policy and Practice
  • Transparent Public Hearings
  • Independent of County Administrator
  • Uninhibited Open Media Access
  • Weaknesses
  • Unable To Compel Testimony, No Subpoenas

14
The Independent Review Panel 140 West Flagler
Street, Suite 1101, Miami, FL 33130Office
Hours 8 a.m. to 5 p.m., Monday - Friday Phone
(305) 375-4880, Fax (305) 375-4879, email
irp_at_miamidade.gov
  • The Independent Review Panel addresses serious
    complaints against Miami-Dade police officers and
    other County employees.
  • The IRP staff is prepared to help any department
    prevent complaints by offering training. In
    addition, any community group that wants to know
    what to do to take constructive conflict action
    can avail itself of our services. We are
    committed to help improve community relations.

15
Clients
  • Serve for the greater good of the whole community
  • Local Government
  • Police Department
  • Complainants
  • Under-represented groups

16
Peace with Justice
  • Human Rights
  • Constitutional Rights
  • Progressive Accountability
  • Awareness of Differences
  • Valued Diversity
  • Reduction of Bias and Destructive Conflict
  • Moral Authority
  • Violence Prevention
  • Development of Political Will

17
Interventions
  • Facilitating Being Heard
  • Consultation
  • Coaching
  • Teaching
  • Mediation
  • Informal Counseling
  • Individual
  • Family
  • Group

18
Tools
  • Multi-stage complaint process
  • Extensive Listening
  • Articulation Assistance
  • Independence
  • Credibility
  • Fairness Reputation
  • Transparency
  • Public Hearings
  • Reports of Findings and Recommendations

19
Conflict Assessment
  • Preexisting Police/Community Relations
  • Power and Control
  • Ethno-Political Conflict
  • Biased Based Policing
  • Us versus Them
  • Social Identity
  • In-group
  • Out-group
  • Multi-group Identity

20
Communication Factors
  • Differential Power and Control
  • Enemy Images
  • Inter-group Bias
  • Stress
  • Emotions
  • Learning
  • Memory
  • Perception
  • Being Observed

21
Personalization Strategies
  • Reduces Inter-Group Bias
  • Exchange of Personal Information
  • Engaging the Other
  • Alternatives to Violence Project Workshops
  • Firm, Fair and Friendly Police/Community
    Relations Workshops

22
Restorative Justice
  • Contrasts Retributive Justice.
  • Strives to restore relationships to non-offending
    status.
  • Involves engagement of
  • Offender
  • Victim
  • Government
  • Community

23
Aggression and Violence
  • Dr. Susan Opotow
  • University of Massachusetts, Boston
  • Research Focus
  • Conflict and injustice
  • Psychosocial conditions permitting harm
  • Scope of Justice

24
Nature of Violence
  • Violence The exertion of physical (or
    psychological) force that harms.
  • Direct Violence That committed by identifiable
    people on particular victims.
  • Structural Violence Harm that comes from
    subtle, gradual, systematized, normally accepted
    actions of particular social institutions where
    responsibility is blurred. (Determines who gets
    heard, who gets devalued and who gets resources.)
  • Direct and Structural Violence manifest
    differently but are interdependent

25
Examples of Direct Violence
  • Hate crimes
  • Ethnic cleansing
  • Rape
  • Murder
  • War
  • Police brutality

26
Examples of Structural Violence
  • Poverty
  • Unemployment
  • Discrimination (Racism, sexism, etc.)
  • Poor health care, schools or housing
  • Racial profiling
  • Corrupt political system
  • Poor accountability for misuse of power

27
Basis of Social Injustice
  • Distorted Perceptions
  • Distorted Thoughts
  • Distorted Moral Decisions
  • In-group Rationalizations
  • Self-serving Justifications
  • Social, Psychological, Economic, and Political
    Conditions That Privilege Some But Exclude Others

28
Moral Exclusion
  • Morals- Norms, rights, entitlements, obligations,
    responsibilities and duties that shape our sense
    of justice and guide our behavior with others.
  • Moral Community- Those we value inside our scope
    of justice, family, friends, compatriots and
    coreligionists. US
  • Morally Excludable- Strangers outside our scope
    of justice and enemies. THEM

29
Psychological Bases for Moral Exclusion
  • Tendency to exclude is fostered by normal
    perceptual tendencies
  • Social categorization
  • Evaluative judgments
  • Fundamental attribution error
  • Self-serving biases
  • Zero-sum thinking
  • Attributive projection
  • Just world thinking

30
Dimensions of Moral Exclusion
  • Intensity
  • Subtle (nearly invisible)
  • Blatant (clearly observable)
  • Engagement
  • Active (participating)
  • Passive (ignoring what is happening)
  • Extent
  • Narrow (focused on a particular few)
  • Wide (involving masses of people)

31
Psychological Orientation of Those Who Exclude
THEM
  • Views the excluded as distant psychologically
  • Lacks constructive moral obligations or
    responsibility toward the excluded
  • Views THEM as nonentities, expendable and
    undeserving of fairness, resources or sacrifices
    to foster well-being
  • Approves of procedures and outcomes for THEM
    that would be unacceptable for the ones inside
    their scope of justice

32
It Is Difficult To Detect Social Injustice
Because
  • Social injustice does not surface as a moral
    issue.
  • Social injustice is hard to see up close.
  • Indecision and inaction abets social injustice.
  • Combating social injustice consumes resources.

33
To Foster Social Justice
  • Welcome open dialogue and critique.
  • Establish procedures that keep communication
    channels open during increased conflict.
  • Value pluralism and measured acceptance of the
    different.
  • Be alert to symptoms of moral exclusion.
  • Challenge injustice constructively.

34
Anger Management
  • Stress
  • Consciousness
  • Autonomic Mediation

35
Anatomical Brain Images
  • Work of Dr. Jacob L. Driesen
  • See www.driesen.com/images

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Developments U.S.A.
  • Click www.nacole.org to see 138 mapped agencies
  • NACOLE Board Members
  • President Eduardo Diaz Miami-Dade, FL
  • President-Elect Phil Eure, Washington D.C.
  • Secretary Charles Reynolds Dover, N.H., Past
    President of the International Association of
    Chiefs of Police (IACP), former Vice Chair of
    the Commission on Accreditation for Law
    Enforcement Agencies (CALEA)
  • Treasurer Richard Rosenthal, Denver, CO
  • Past President Pierce Murphy Boise, Idaho
  • Board Members at Large
  • Kelvyn Anderson, Philadelphia, PA
  • Andre Birotte, Jr, Los Angeles, CA
  • Robin Lolar, Minneapolis, MN
  • Sam Pailca, Seattle, WA
  • Carol Scott, Knoxville, TN
  • Shirley Wayne Washington, New Haven, CT

47
NACOLE Website
  • www.nacole.org
  • NACOLE Code of Ethics
  • Links/Resources for OversightInvestigative
    Guidelines Varieties of OversightMediation
    Board TrainingBias Based PolicingA Student's
    Guide to Police Practices
  • Subscribe to policeoversight listserve

48
Next NACOLE Conference
  • Save the dates, October 27-30, 2008
  • Historic downtown Hilton Hotel
  • Cincinnati, Ohio

49
Canadian Association for Civilian Oversight of
Law Enforcement (CACOLE), www.cacole.ca
  • Most provinces in Canada have some form of
    civilian oversight of law enforcement. Although
    agency size, statutory authority and
    responsibilities vary from province to province,
    civilian oversight agencies share a common goal
    a positive relationship between the public and
    the police. This is achieved through an
    accessible and transparent complaint process,
    conscientiously monitored by independent and
    impartial civilian agencies. Commissions and
    provincial agencies responsible for civilian
    oversight of investigations into alleged police
    misconduct are mandated to ensure complaint
    investigations are thorough, fair and balanced to
    both the complainant and the respondent.
  • Robert Mitchell, Chair of the Saskatchewan Public
    Complaints Commission is the current President of
    CACOLE.

50
Canada
  • Alberta Edmonton Police Commission Calgary Police
    Commission   Alberta Law Enforcement Review
    Board  
  • British Columbia Office of the Police Complaint
    Commissioner  
  • First Nations First Nations Police Governance
    Authorities  
  • Manitoba Manitoba Law Enforcement Review Agency
    (LERA)  
  • New Brunswick New Brunswick Police Commission  
  • Newfoundland Royal Newfoundland Constabulary
    Public Complaints Commission  
  • Nova Scotia Nova Scotia Police Commission (NSPC)
     Nova Scotia Police Commission   
  • Military Police Canadian Military Police
    Complaints Commission (MPCC)  
  • Ontario Special Investigations Unit Ontario
    Civilian Commission on Police Services 
  • Prince Edward Island Does not have a provincial
    police oversight agency.  Legislation is in the
    drafting stages.  We expect it to be in force
    within a few months.  
  • Quebec Commissaire à la déontologie policière
    (Police Ethics Commissioner) Comité de
    déontologie policière(Police Ethics Cimmittee) 
      Portal, Ministère de la Sécurité publique du
    Québec  
  • RCMP Canadian Commission for Public Complaints
    Against the RCMP RCMP External Review Committee  
  • Saskatchewan Saskatchewan Public Complaints
    Commission

51
NACOLE and CACOLE Conferences
  • Dr. David Harris - Profiles in Injustice Why
    Racial Profiling Cannot Work and Good Cops The
    Case for Preventive Policing http//law.utoledo.e
    du/students/faculty/Harris/harris.htm
  • Dr. Lorie Fridell Racially Biased Policing A
    Principled Response www.policeforum.org
  • Dr. Sam Walker - BEST PRACTICES IN POLICE
    ACCOUNTABILITY www.policeaccountability.org
  • Dr. Colleen Lewis - Civilian Oversight of Police
    Governance, Democracy and Human Rights (2000,
    with Andrew Goldsmith Colleen.Lewis_at_arts.monash.ed
    u.au http//arts.monash.edu.au/humcass/staff/colle
    en-lewis.html
  • Police Assessment Resource Center - www.parc.info

52
United Nations
  • UNITED NATIONS CRIME AND JUSTICE INFORMATION
    NETWORK Compendium of  United Nations Standards
    and Norms in Crime Prevention and Criminal
    Justice
  • Code of Conduct for Law Enforcement Officials
    www.uncjin.org/Standards/standards.html
  • Basic Principles on the Use of Force and Firearms
    by Law Enforcement
  • Officials Articles 6 and 7 of the UN
    International Covenant on Civil and Political
    Rights requires there to be an investigation
    independent of the alleged perpetrators in
    relation to torture, inhumane and degrading
    treatment and deaths at the hand of the state.

53
International Developments
  • International Network for the Independent
    Oversight of Policing (INIOP)
  • Secretariat is the Independent Police Complaints
    Commission (IPCC), www.ipcc.gov.uk
  • Steering Group Chaired by
  • John Wadham, now Legal Director for the UK-based
    Commission for Equality and Human Rights
  • Nicholas Long (Current Chair)
  • See INIOP newsletter at http//www.ipcc.gov.uk/in
    iop_communique_-_june_2007_v2.pdf

54
European Partners Against Corruption (EPAC)
55
EPAC
  • European Partners Against Corruption (EPAC),
    www.epac.at , the EU's national police monitoring
    inspection bodies and anti-corruption agencies
  • Co-chaired by
  • Martin Kreutner, Austria
  • Andre Vandoren, Belgium

56
European Partners Against Corruption (EPAC)
Members
  • Austria, Belgium, Bulgaria, Cyprus,
  • Czech Republic, Denmark, Estonia,
  • Finland, France, Germany, Greece,
  • Hungary, Ireland, Italy, Latvia, Lithuania,
  • Luxembourg, Malta, The Netherlands,
  • Poland, Portugal, Romania, Slovakia,
  • Slovenia, Spain, Sweden, United Kingdom
  • and OLAF (European Anti-Fraud Office)

57
European Partners Against Corruption (EPAC)
Observers
  • Croatia
  • Norway
  • Serbia
  • See more at www.epac.at

58
ALTUS Global Alliance
  • Altus is a global alliance working across
    continents and from a multicultural perspective
    to improve public safety and justice.
  • Chaired by Christopher Stone
  • ( www.altus.org )
  • In April 2004, six established NGOs and academic
    centers joined together to form a unique alliance
    called Altus. With members spanning five
    continents, Altus offers a truly global
    perspective on issues of safety and justice, a
    greater capacity to work across borders, and a
    larger role for civil society in advancing
    justice. Altus places special emphasis on
    police accountability and the quality of police
    oversight, serving as a source of knowledge and
    innovation for governments, police leaders, human
    rights activists, legislators, journalists and
    citizens around the world, concerned about the
    effective and fair control of policing.

59
ALTUS Global Alliance Members and Associate
Members
  • Center for Studies on Public SafetySantiago,
    Chile
  • Center for Studies on Public Security and
    CitizenshipRio de Janeiro, Brazil
  • Center for Law Enforcement Education of Nigeria
    (CLEEN) FoundationLagos, Nigeria
  • Institute for Development and CommunicationChandi
    garh, India
  • Information Science for Democracy (INDEM)
    FoundationMoscow, Russia
  • Vera Institute of JusticeNew York, United States
    of America
  • Associate Members
  • The Open Society Justice Initiative (OSI)-
    Abuja, Budapest, New York
  • Penal Reform International (PRI)- London

60
ALTUS Global Alliance Police Station Visitors
Week
  • In a one-week period starting on October 29
    2006, almost two thousand civilian visitors
    inspected 471 police stations in 23 countries
    around the globe.
  • to assess the quality of service delivered in
    the participating police departments, to identify
    some of the best practices in use by police, and
    to strengthen the accountability of police to the
    local citizens whom they serve.
  • The visitors used a special kit developed by
    Altus to guide their visit, following protocols
    that were the same around the world. Immediately
    after each visit, the visitors answered 20
    questions about what they observed.
  • See results at www.altus.org

61
ALTUS Global Alliance Police Station Visitors
Week
  • 2006 Participants
  • Belgium Benin Brazil Canada Chile Germany Ghana
    Hungary India Latvia Liberia Malaysia Mexico
    Netherlands Niger Nigeria Peru Russia South
    Africa South Korea Sri Lanka United Kingdom US
  • 2007 Visitors Week is to be October 22-28

62
International Developments
  • Police Ombudsman Northern Ireland, Mrs.Nuala
    O'Loan www.policeombudsman.org
  • "We provide an independent and impartial
    complaints service for members of the public
    about the conduct of police officers in Northern
    Ireland."
  • Republic of Ireland - Garda Ombudsman Commission
  • The Garda Ombudsman Commission is empowered to
  • Directly and independently investigate
    complaints against members of the Garda Síochána
  • Investigate any matter, even where no complaint
    has been made, where it appears that a Garda may
    have committed an offence or behaved in a way
    that would justify disciplinary proceedings
  • Investigate any practise, policy or procedure of
    the Garda Síochána with a view to reducing the
    incidence of related complaints

63
Australia an New Zealand
  • Police Integrity Commission www.pic.nsw.gov.au
  • Criminal and Misconduct Commission Queensland
    www.cmc.qld.gov.au
  • Commonwealth Ombudsman www.ombudsman.gov.au Vicki
    Brown, Senior Assistant Ombudsman
  • New South Wales Ombudsmans Office
  • Simon Cohen, Assistant Ombudsman (Police)
    www.nswombudsman.nsw.gov.au
  • Police Complaints Authority New Zealand
    www.pca.govt.nz

64
AFRICA
  • African Policing Civilian Oversight Forum (APCOF)
    - Tommy Tshabalala Coordinator
    ttommy_at_icd.gov.za , Director of Investigations,
  • South Africas Independent Complaints Directorate
    www.icd.gov.za
  • Nigerias Police Service Commission
    www.psc.gov.ng
  • Police Accountability in Kenya, Uganda and
    Tanzania
  • Commonwealth Human Rights Initiative (CHRI)
    www.humanrightsinitiative.org

65
Africa
  • University of Cape Town www.policeaccountability.c
    o.za includes link to
  • The Police that we want A handbook for
    oversight of Police in South Africa
  • December 2006 West Africa Conference
  • Police Accountability and Effectiveness in
    Eastern Africa Conference www.humanrightsinitiativ
    e.org/programs/aj/police/ea/ea.htm June 11-13,
    2007 in Nairobi, Kenya
  • Ombudsman Namibia, John Robert Walters
    ombudsman_at_ombudsman.org.na

66
Latin America
  • Ombudsman Defensor del Pueblo model is the most
    common
  • FEDERACION IBEROAMERICANA DEL OMBUDSMAN (FIO)
  • www.portalfio.org
  • Programa Regional de Apoyo a las Defensorías del
    Pueblo en Iberoamérica (PRADPI)

67
Mexico
  • State of Guerrero, La Montaña Region
  • Civilian Police Oversight Office in Tlapa
  • Three founding organizations
  • Institute for Security and Democracy Ernesto
    López Portillo www.insyde.org.mx
  • Fundar www.fundar.org.mx
  • Tlachinollan www.tlachinollan.org

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California Issues
  • Copley Press Inc. vs. Superior Court of San Diego
  • August ruling of the California Supreme Court.
  • Limited records relating to the discipline of
    public safety employees.
  • Profound consequences on public access to
    proceedings.

76
Racial Profiling
  • Miami-Dade Racial Profiling Board
    www.miamidade.gov/irp
  • Tools for Tolerance for Law Enforcement
    www.toolsfortolerance.com
  • Biased Based Policing Prevention
  • Investments in Training versus Data Collection

77
Training
  • The IRP staff is prepared to help any department
    prevent complaints by offering training. In
    addition, any community group that wants to know
    what to do to take constructive conflict action
    can avail itself of our services. We are
    committed to help improve police/community
    relations.

78
Recommended Reading
  • Christie, D.J., Wagner, R.V. and Winter, D.D.
    (Eds.), 2001. Peace, Conflict, and Violence
    Peace Psychology for the 21st Century. Upper
    Saddle River, NJ Prentice Hall.
  • Deutsch, M. and Coleman, P.T. (Eds.), 2000. The
    Handbook of Conflict Resolution Theory and
    Practice. San Francisco, CA Jossey-Bass.

79
Contact Information
  • Dr. Eduardo I. Diaz, Executive Director
  • Independent Review Panel
  • 140 West Flagler Street, Suite 1101, Miami, FL
    33130
  • Tel 305-375-4880
  • Fax 305-375-4879
  • Email eid_at_miamidade.gov
  • www.miamidade.gov/irp   
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