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PUBLIC INFO 17.1 TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: PUBLIC INFORMATION GENERAL ORDER: 17.1A EFFECTIVE: March 1, 2007 RESCINDS: 17.1 PAGES: 5 CONTENTS: This order consists of the following numbered sections: I. GENERAL II. PUBLIC INFORMATION OFFICE III. RELEASABLE INFORMATION IV. NON-RELEASABLE INFORMATION V. DOCUMENTS VI. MEDIA RELEASES VII. MEDIA ACCESS TO INCIDENT SCENES VIII. SPEECHES IX. GLOSSARY PURPOSE: To establish guidelines for media releases, for providing information to the news media, and for news media access to agency documents and incident files. SCOPE: This order applies to all Police Department members. DISCUSSION: For the Tequesta Police Department to provide effective law enforcement, it must have the support of the community. To achieve this, the public must be informed about law enforcement matters in an open and timely manner. This general order addresses the public information function and establishes procedures for the news media to obtain agency reports and information. POLICY: Within the limits of the Florida Public Records Law (Chapter 119, F.S.), the Tequesta Police Department will provide the media with information and reports that will neither hinder nor adversely affect any ongoing criminal investigation being conducted by the agency, or reveal the identity of statutorily protected agency members, their families, crime victims, or juveniles. PROCEDURE: I. GENERAL: A. Only the Chief, and those designated by the Chief are authorized to release information to the news media. B.Investigative/Intelligence Information: Disclosure of active criminal investigative or intelligence information to the media shall be made only after consultation with and concurrence of individuals responsible G.O.17.1A for the investigation or their supervisors. This information will only be released on cases over which the agency has jurisdiction, unless there is concurrence from the primary law enforcement agency involved. The Public Information Officer must be notified when any information about an ongoing criminal investigation is released. II. PUBLIC INFORMATION OFFICE: The Chief of Police or his designee assigned the duties of Public Information Officer, who will: A. Assist news media representatives covering routine news and at major incident scenes. B. Be responsible for on-call response to the news media. C. Prepare and release agency media releases. D. Arrange for, and assist at news conferences. E. Coordinate the release of information about victims, witnesses, suspects, and arrested subjects. F. Assist during crisis situations within the agency. G. Coordinate and authorize the release of information concerning confidential information and operations in accordance with state law. H. Develop procedures for the release of information when another public service agency is involved. III. RELEASABLE INFORMATION: Active criminal investigative and active criminal intelligence information, which will be released unless otherwise restricted herein, includes the following: A. The classification of the charged crime. B. The time, date, location, and nature of a reported crime. C. The time, date, location, and nature of the incident and arrest. D. The name, sex, age, and address of a person arrested, or the victim of a crime, except as protected by state and/or federal law. E. The name, age, sex, race, address, and agency-booking photograph of any adult charged with a crime, or any juvenile charged with a felony, except as restricted by Section IV. C. IV. NON-RELEASABLE INFORMATION: The following information will not be released: A. Any criminal intelligence or criminal investigative information, active or not, including the photograph, name, address, or other fact or information that would identify the victim of any sexual offense; lewd, lascivious or indecent assault upon or in the presence of a child; or child abuse. Additionally in bank robberies, kidnapping, inter-state flight to avoid prosecution, or other federally controlled investigations, the federal agency involved will determine guidelines and control the release of information. B. The identity of any suspect in a child abuse case in which probable cause has not been established. C. The identity, name, age, race, sex, or address of any juvenile under the age of 18 charged with a misdemeanor, unless the juvenile has at least three prior misdemeanor convictions. D. The identity of any juvenile under the age of 16, who is a suspect or a defendant in any case over which the Juvenile Court of the county has jurisdiction. 2 G.O.17.1A E. The identity of any critically injured or deceased person prior to the notification of the next of kin. When notification has been attempted but is not possible within a reasonable time, the Public Information Officer may make an exception. F. The specific cause of death until determined by the Medical Examiner. Details may be withheld in homicide cases if the release of specific information could hinder the criminal investigation. G. Personal opinion or comments not included in the report founded upon evidence or fact. H. The identity or location of a suspect who has not yet been arrested. The existence of a suspect may be acknowledged without comment. I. The results of an investigative procedure, such as a lineup, polygraph, fingerprinting, laboratory analysis, or ballistics test. The fact that the tests are performed may be acknowledged without comment. J. Information that, if prematurely released, could significantly interfere with an investigation or arrest, particularly: details known only to a suspect or an officer, specifics of modus operandi (MO), unverified information, unchecked leads, and information that may cause a suspect to flee or avoid apprehension. K. The existence, contents, or failure to make, of any confession, admission, or statement by a defendant or an accused agency member. L. Performance or results of any tests, or a defendant’s refusal or failure to submit to investigative tests, such as a polygraph. M. The identity, prospective testimony, or any comments on the character or credibility of a prospective witness. N. Any opinion about the prior criminal record, character, reputation, or guilt or innocence of a defendant, or the merits of the case, including the quality and nature of evidence, and whether its use in court is expected. O. The photograph, social security number, home address, or telephone number of a current or former sworn or certified agency member; the name of a sworn or certified member’s spouse, and place of employment, or the names of their children and the schools they attend. If the current or former sworn or certified agency member is charged with a crime, his or her booking photograph may be released. V. DOCUMENTS: Under the Florida Public Records Law, the Public Information Officer will release the following to the news media upon request: A. Incident reports, supplementary reports, and arrest reports, if confidential and/or exempt information has been excised. B. Closed professional standards investigations, from which confidential and/or exempt information has been excised. C. Agency files or documents that are not part of an active or open criminal investigation, from which confidential and/or exempt information has been excised. VI. MEDIA RELEASES: The Public Information Officer will be responsible for the periodic preparation and distribution of news releases based upon information provided by members directly involved in the case, incident, or subject matter of the press release. In the absence of the Public Information Officer, the release will be made by a designee of the Chief. A. Press releases will be issued as necessary and copies will be retained on file by the Public Information Officer. 3 G.O.17.1A B. Press releases will be distributed to the media by mail, facsimile machine (FAX), or any other effective method, depending upon the urgency of the situation. C. News conferences for the release of information concerning a major crime, arrest, or other topic, may be scheduled at the direction of the Chief, or his designee, who may designate agency members to assist in the presentation. Advance media notifications will be made by the Public Information Officer or a designee. VII. MEDIA ACCESS TO INCIDENT SCENES: A. General Access: Accredited news media representatives, who are actively covering an incident at the scene, may be allowed closer access for themselves and vehicles than is granted to the general public, provided that such access does not interfere with either the investigation or general traffic flow. Where there is a safety factor or the danger of personal injury, access may be restricted until the supervisor at the scene determines that the area is safe. B. Crime Scenes: To preserve the integrity of an investigation, direct access to a crime scene by news only media representatives will be allowed after all known evidence has been processed, and the on-site investigation has been completed. Exceptions, if any, will be made by the Chief, or his designee, or the incident commander after consultation with the Public Information Officer. Once the crime scene investigation has been completed, media access is a matter between the media and the property owner. C. Hostage or Barricade Situations: The Public Information Officer shall designate an initial news media briefing area, as soon as practical. Thereafter, the briefing area may be relocated closer to the scene when the incident commander determines that the safety of the news media can be assured. D. Major Fires, Natural Disasters, or Other Catastrophic Events: Such events are likely to attract media personnel including camerapersons, photographers, videographers, and mobile broadcasting units. As soon as practical, the incident commander, in consultation with the Public Information Officer, should make arrangements so that media personnel do not interfere with law enforcement or emergency operations. A news media briefing area should be established outside the perimeter. Closer access to the incident scene will be dictated by the safety factors involved. VIII. SPEECHES: No presentation or speech involving the policies or activities of the Tequesta Police Department will be made to any civic organization, community group, or other civilian forum, by any agency member without authorization by the Chief or competent authority. A Speaking Engagement Request must be prior executed by the member to making any speech or presentation to the public. IX. GLOSSARY: COMPETENT AUTHORITY - The Chief. CONFIDENTIAL INFORMATION - Information obtained by the Tequesta Police Department that is protected by state and/or federal law to the extent that the agency has an affirmative duty not to disclose and/or release. CRIMINAL INTELLIGENCE INFORMATION - Information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity. CRIMINAL INVESTIGATIVE INFORMATION - Information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. EXEMPT INFORMATION - Information obtained by the Tequesta Police Department that may or may not be disclosed under state and/or federal law, at the discretion of the agency. 4 G.O.17.1A NEWS MEDIA - Accredited full time working members of a daily or weekly newspaper, or a radio or television station including journalists, photographers, camerapersons, videographers, and technicians. INDEXING: INFORMATION RELEASE MEDIA RELATIONS NEWS MEDIA PIO PRESS RELEASES PUBLIC INFORMATION SPEAKING ENGAGEMENT REQUESTS SPEECHES DRAFTED: DJR/March 1, 2007/Filed: PubInf17.1 APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 5