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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_11/13/2008,; 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: November 13, 2008 Meeting Type: Regular Ordinance #: N/A Consent Agenda: Yes Resolution #: N/A Originating Department: Police 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Mutual Aid Agreement; Sexual Predator/Offender Tracking Task Force Palm Beach County. 3. BUDGET /FINANCIAL IMPACT: Account #: NIA Amount of this item: N/A Current Budgeted Amount Available: N/A Amount Remaining after item: N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Subscribing Law Enforcement Agencies have been operating under a Memorandum of Understanding for Sexual Predator/ Offender Tracking ("SPOT") in an effort to coordinate enforcement of state and federal laws relating to registration and tracking of sexual predators and offenders and have identified a need for multi jurisdictional authority in order to more effective. 5. APPROVALS: ~J, ~~ KI x,16 ~ vwvh~=4,~f;it ~w_-~~~~~Y~ Dept. Head: w' ~/ ~'~ o~ Finance Director: - c-~i :_ ~ 'J f- Attorney: (for legal sufficiency) Village Manager: Y • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: • DENY ITEM: ^ Yes ^ No ^ ,~~OUEST,q ~ \~`~ AOLIC~' PT To: From: Date: Subject: TEQUESTA POLICE DEPARTMENT MEMORANDUM Michael R. Couzzo, Jr. Village Manager Chief William McCollon~~~~ October 23, 2008 SEXUAL PREDATOR/OFFENDER TRACKING TASK FORCE i ~~~ Agencies throughout Palm Beach County have been operating under a Memorandum of Understanding for Sexual Predator/Offender tracking (SPOT) in an effort to coordinate enforcement of state and federal laws relating to registration and tracking of sexual predators and offenders. The Village of Tequesta was offered the opportunity to join these efforts in August 2006; however, the MOU was never executed. Attached is a Mutual Aid Agreement between the Palm Beach County Sheriff's Office and the Village of Tequesta Police Department. The Mutual Aid Agreement will give our agency additional access to resources throughout Palm Beach County. Access to these resources is critical to our efforts in tracking and registering sexual predators/offenders. I am presenting the Agreement for your consideration. I would request that the Agreement and the related support documents are placed on the November 13, 2008 Council Agenda. I have attached the required documents for processing. The Agreement has been reviewed by the Village Attorney for legal form and sufficiency. Your consideration in this matter is greatly appreciated. i." ~ ~ ~ ;, -~ ail. ~~ ~ ..'W J McWilliams, Lori From: McCollom, William Sent: Tuesday, November 04, 2008 2:44 PM To: McWilliams, Lori Subject: Spot task Force Lori, Per Keith the Sexual Predator agreement is okay regarding legal form and sufficiency. Chief William E. McCollom Tequesta Police Department 357 Tequesta Drive Tequesta, Fl 33469 (561) 744-4019 (561) 745-7877 FAX (561) 431-0572 eFax wmccollom@tequesta.ora Florida has a very broad public records law. Most written communications to or from state or local officials regarding state or local business are considered to be public records and will be made available to the public and the media upon request. Therefore, your email message is subject to disclosure. From: keith W. Davis [mailto:keith@corbettandwhite.com] Sent: Tuesday, November 04, 2008 2:09 PM To: McCollom, William Subject: RE: Spot task Force Looks fine Chief; Thanks. Keith W. Davis, Esq. Corbett and White, P.A. Tel: (561) 586-7116 From: Jolly, Mark S. [mailto:JollyM@pbso.org] Sent: Wednesday, October 08, 2008 1:44 PM To: Weinblatt, Charles Subject: FW: Spot task Force Mutual Aid - Teguesta.doc This is the updated form. Please use this, if possible. Sergeant Mark Jolly Special Investigations Division MUTUAL AID AGREEMENT SEXUAL PREDATOR/ OFFENDER TRACKING TASK FORCE PALM BEACH COUNTY WITNESSETH WHEREAS, the Subscribing Law Enforcement Agencies as listed in Attachment 7, which is incorporated by reference, are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to continuing multi jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people, and WHEREAS, the Subscribing Law Enforcement Agencies have the authority under section 23.1225, Florida Statutes et. seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which permits volun#ary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and WHEREAS, section 23.1225(1)(a), Fla. Stat. (2008), specifically contemplates voluntary cooperation written agreements between Subscribing Law Enforcement Agencies establishing joint city-county traffic enforcement task force agreements, and WHEREAS, fihe Subscribing Law Enforcement Agencies have been operating under a Memorandum of Understanding for Sexual Predator/ Offender Tracking ("SPOT") in an effort to coordinate enforcement of state and federal laws relating to registration and tracking of sexual predators and offenders and have identified a need for multi- jurisdictional authority in order to more effectively do so; NOW THEREFORE, the parties agree as follows: PROVISION FOR VOLUNTARY COOPERATION The Subscribing Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other for the purposes of enforcement of laws directly related to sexual predator and offenders, and the tracking and control of sexual predators and offenders living in Palm Beach County, as stated in the Memorandum of Understanding attached, and incorporated as if stated herein, in Attachment 2. PROCEDURE FOR REQUESTING ASSISTANCE 2. In the event that an agency to this Agreement is in need of assistance as set forth above, such agency shalt notify the agency or agencies from whom such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he/she deems appropriate. 3. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction for how long such assistance is authorized and for what purpose such authority is granted.. This authority may be granted either verbally or in writing as the particular situation dictates. 4. No Agency Head or his/her designated representatives shall be empowered under this Agreement to operate in another jurisdiction without prior approval of the Agency Head or Designee having jurisdiction. The Agency Head's or Designee's decision in these matters shall be final. COMMAND AND SUPERVISOR RESPONSIBILITY 5. The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his/her designee of the Law Enforcement Agency requesting assistance. 6. Whenever a law enforcement officer is rendering assistance pursuant to this Agreement, the law enforcement officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer as well as those of the requesting agency. If any such rule, regulation, personnel policy, general order or standard operating procedure of the assisting agency is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure of the assisting agency shall control and shall supersede the direct order. 9. Whenever there is a cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: a. The identity of the Complainant b. An address where the complaining party can be contacted c. The specific allegation d. The identity of the employees accused without regard as to agency affiliation 10. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt a and processing of the complaint, shall be forwarded without delay to the agency head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. 11. If a member of a subscribing law enforcement agency is involved in a "critical incident" as defined in Palm Beach County Sheriff's Office General Order 522.00 {Critical Incident Investigations), while rendering law enforcement assistance as set forth in this Agreement in the unincomorated areas of Palm Beach County, the subscribing law enforcement agency and its member agrees to adhere to that General Order. See Attachment 3. 12. Further, the subscribing law enforcement agency agrees that if one of their taw enforcement officers is involved in a critical incident in the unincorporated areas of Palm Beach County the "involved" or "witness" officer will remain at the scene of the critical incident and comply with Palm Beach County Sheriff's Office General Order 522.00. LIABILITY 13. Each agency engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's own employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. POWERS, PRIVILEGES, IMMUNITIES AND COSTS 14. Under the terms of this Agreement, an employee of a subscribing law enforcement agency, when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits the employee's jurisdictional limits, but inside this county, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which he/she is normally employed. 15. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other party to the Agreement as set forth above, provided however, that no party shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. 3 16. Apolitical subdivision that furnishes equipment pursuant to this Agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. 17. The agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. 18. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this mutual aid agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. 19. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. INSURANCE 20. Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify alt parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. EFFECTIVE DATE 21. This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect for a one (1) year period unless terminated prior thereto by any or all of the parties herein. This Agreement will be automatically renewed for consecutive one (1) year periods unless notice of termination is provided. CANCELLATION 4 22. Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. PALM BEACH COUNTY SHERIFF'S OFFICE: Sheriff Ric L. Bradshaw (date) VILLAGE OF TEQUESTA: Chief William E. McCollom (date) ATTEST: VILLAGE OF TEQUESTA Lori McWilliams, CMC Village Clerk [VILLAGE SEAL] Michael Couzzo Village Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY Trela White, Esq. Village Attorney 5 ATTACHMENT 1 Palm Beach County Sheriff s Office Atlantis Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenacres Police Department Gulfstream Police Department Highland Beach Police Department June Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lantana Police Department Manalapan Police Department North Paim Beach Police Department Ocean Ridge Police Department Palm Beach Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department BRADSHAW, SHER/FF Palm Beach County The agencies named in this document agree to the following: PURPOSE The purpose of this Memorandum of Understanding/Working Agreement is to coordinate countywide law enforcement efforts to effectively address the issues surrounding registered sexual predators and sexual offenders. Since 1997, with the enactment of the Public Safety Information Act, the Palm Beach County Sheriff's Office has implemented a program for registering and tracking the sexual predators and offenders residing in Palm Beach County. In the interest of public safety it is imperative that each law enforcement agency in Palm Beach County take an active role in monitoring the offenders living within their jurisdiction. Specifically, this agreement establishes operational protocols for municipal agencies and the Sheriffs Office concerning the registering and monitoring of sexual predators and offenders as well as the enforcement of sexual offender related crimes. This cooperative spirit will establish a standardized process for enforcing sexual offender laws, open lines of communication and limit the duplication of efforts. Guidelines for Municipal Law Enforcement Agencies • In accordance with the Jacob Wetterling Act 42 USC § 14071 (b)(3)(A), meet with the registered offenders living within your jurisdiction at least once per year. • In accordance with the Jacob Wetterling Act 42 USC § 14071 (b)(3)(A) (B), meet with the registered predators living within your jurisdiction every 90 days. • Upon meeting with the predator/offender, complete the "PBSO SPOT Form" and the "FDLE Sexual Predator/Sexual Offender Notice of Responsibilities Form". • Send the forms to the Sheriffs Office Sexual Offender Tracking Team (SPOT) through the following means: 3228 Gun Club Road West Palm Beach, Florida 33406-3001 (561) 688-3000 http:l/vuww.pbso.org Memorandum of Uncierstanciing/Working Agreement Sexual Predator/Offender Tracking SPOT c~i,abso.org Fax 561-688-4125 Mail: PBSO SPOT Unit 3228 Gun Club Road West Palm Beach, F133406. This information will be entered into CJNet by the SPOT Unit and kept in a central depository as an investigative tool. • Participate in "Sweeps" in your region of the county. Sweeps are typically held quarterly in different regions of the county. If no contact is made with the predator/offender, the municipal agencies will conduct follow-up investigation. If after several attempts the predator/offender is not contacted, the agency liaison will notify the SPOT Unit for additional investigative resources. • When an agency becomes aware of an absconded offender or predator, notify the SPOT Unit for additional investigative resources. If a warrant is applied for by the municipal agency or sheriffs office, the SPOT Unit will coordinate additional resources (other municipal agencies, PBSO TAC Unit, United States Marshal's Service etc.) to assist in locating the predator/offender. • Notify the SPOT Unit through email or telephone when a sexual predator/offender is arrested. • Identify a law enforcement officer to act as a liaison for your agency. This officer will serve as a point of contact for sexual offender issues. • Attend quarterly SONAR meetings (Sexual Offender Notification and Registration). • Review and follow-up on address verification mailings sent by the Florida Department of Law Enforcement (POLE) for those predators/offenders who do not respond to the initial mailings. Guidelines for the Palm Beach County Sheriff's Office (PBSO) • In accordance with the Jacob Wetterling Act 42 USC § 14071 (b)(3)(A), meet with the registered offenders living within county jurisdiction at least once per year. • In accordance with the Jacob Wetterling Act 42 USC § 14071 (b)(3)(A) (B), meet with the registered predators living within County jurisdiction every 90 days. • Upon meeting with the predator/offender, complete the "PBSO SPOT Form" and the "POLE Sexual Predator/Sexual Offender Notice of Responsibilities Form". • Coordinate and participate in "Sexual Offender and Predator Sweeps" in each region of the County. This will include: identifying and staffing a command post, researching and updating offender files, data entry into CJNet and notifying FDLE of absconders. • Conduct follow-up investigation of absconded predators/offenders, and file arrest warrants when applicable. • Notify FDLE of all absconding predators/offenders. • Coordinate and present all community and public notifications of sexual predators who have relocated to Palm Beach County, changed addresses within the county or recently been released from prison. This process will include: notifying the local police chief, Palm Beach County School Board Police, PBSO Parks Unit and nearest district, PBSO Public Information Officer, affected schools, crossing guards and daycare centers. In addition, the SPOT Unit will "flag" the subject and his home address in the PALMS database, handout flyers to the community and attend neighborhood meetings, make Dialogic phone calls, register the offender and verify his home address, and complete all related documentation and FDLE notifications. • Assist municipal agencies with community meetings when requested by the liaison. • Notify municipal agencies of any active investigations or arrests involving a sexual predator or offender within city limits. • Provide assistance and analytical support to Federal, State and local agencies concerning sexual predators/offenders. • Register all new sexual predators/offenders. • Comply with the Jessica Lunsford Act. This will include registering each predator/offender an additional two times per year. It is estimated over 1600 registrations will be completed in 2006. • Maintain documentation on each registered sexual predator/offender who is a current or past resident of Palm Beach County. This will include all registration documentation, criminal history, background information and police reports. Acimowledgments The following individuals assisted in the creation of this Memorandum of Understanding: • Detective Karl Leonard -Boca Raton Police Department • Analyst Larissa Bingham- Boynton Beach Police Department • Detective John Young -Delray Beach Police Department • Lieutenant Gina Abbananto - Greenacres Public Safety Department • Detective Danielle Hirsh -Jupiter Police Department • Lieutenant Dave Matthews -Lake Worth Police Department • Detective Todd Dwyer -Lantana Police Department • Detective Edwazd Sperbeck - Mangonia Park Police Department • Sergeant Thomas Fitzpatrick -North Palm Beach Police Department • Detective Larry Wood -Palm Beach County Sheriffs Office • Sergeant Chris Keane -Palm. Beach County Sheriffs Office • Detective Jack Segreto -Palm Beach Gardens Police Department • Detective Edwazd Lewis -Palm Springs Public Safety Department • Detective Leanne Schneider -Riviera Beach Police Department • Detective Christopher Farron -Royal Palm Beach Police Department - • Detective David Lefont -West Palm Beach Police Department • Sergeant Gary Noel -West Palm Beach Police Department All parties agree to this Memorandum of Understanding/Working Agreement for Sexual Predator/Offender Tracking in Palm Beach County. Signature: Date: Print Name: Chief Stephen J. Allison Designated Sexual Predator/Offender Liaison Tequesta Police Department Tequesta Police Department Signature: Date: Print Name: Detective Larry Wood Sheriff Ric L. Bradshaw Designated Sexual Predator/Offender Liaison Palm Beach County Sheriffs Office Pahn Beach County Sheriff's Office -4- 5/8/2008 C:\Documents antl SedingslgreggcLLocal SettingslTemporary Internet Files\OLK51Memorandum of Underslanding.doc RIC !. BRADSHAW, SHER/FF CAPTAIN CAROL GREGG SPECIAL INVESTIGATIONS DNISION PHONE: (561) 688-4010 Fax: (561) 688-4125 E-MAIL: greggc@pbso.org May 8, 2006 Chief Stephen J. Allison Tequesta Police Department 357 Tequesta Drive Tequesta, FL 33469 Chief Allison: On April 6a', 2006, the Sheriff s Office S.P.O.T. Unit (Sexual Predator & Offender Tracking) proposed a Memorandum of Understanding at the LEPC meeting. The goal of the MOU is the improved tracking of sexual predators and offenders through better communication and coordination. As of today's date, we have not received the signed document from your agency. If you have already sent it, please disregard this letter. If not, please consider doing so. I have included another document if needed. Once I receive the MOU with your signature, I'll forward it to the Sheriff for his signature and send a copy to you for your records. Please remember to select an officer from your agency as a liaison as well by filling in the space provided on the signature page. Thank you and please call me if you have any questions. Respectfully, c~ c~ ~.~ 3228 Gun Club Road West Palm Beach, Florida 33406-3001 (561)688-3000 http://www.pbso.org BRADSHAW, SHERIFF CAPTAIN CAROL GREGG SPECIAL INVESTIGATIONS DIVISION PHONE: (561) 688010 FAX: (561) 688-4125 E-MAIL: greggc(a~pbso.org April 10, 2006 Chief Stephen J. Allison Tequesta Police Department 357 Tequesta Drive Tequesta, FL 33469 Dear Chief Allison, The Sexual Predator and Offender Tracking Unit (SPOT) of the Palm Beach County Sheriff's Office presented a proposal for a Memorandum of Understanding at the April 6`h meeting of the Law Enforcement Planning Council. The purpose of the MOU is to strengthen our (all local law enforcement agencies in the county) response to sexual predator and offender tracking by coordinating our efforts and ensuring standardization and communication. The MOU was created with input from representatives of various local law enforcement agencies. Please read over the enclosed MOU and, if in agreement, send back with your signature by May Sth, 2006. Even if you do not currently have a sexual predator or offender residing in your jurisdiction, we ask that you designate a liaison from your agency as apoint-of-contact for future reference. If a predator or offender should move into your jurisdiction, the SPOT Unit will contact your agency's liaison to coordinate who will track the predator/offender (the SPOT Unit will take on the responsibility if your agency is not able to due to lack of resources). Please contact any of the below listed personnel if you have any questions: Captain Carol Gregg #688-4010 greggc(a~pbso.ora Sergeant Chris Keane #688-4016 keanecnae,pbso.org Detective Larry Wood #688-4142 wood(ci)pbso.or~ Respectfully, ~~ 3228 Gun Club Road West Palm Beach, Florida 33406-3001 (561) 688-3000 http:t/www.pbso.org lk.~~~r~. ~3 GENERAL ORDER 522.00 SUBJECT: CRITICAL INCIDENT INVESTIGATIONS DATE EFFECTNE SUPERSEDES REVISION NUMBER PAGE 062007 061803 07-1 1 of 6 RESCINDS ACCREDITATION STANDARDS CONTENTS: This general order consists of the following numbered sections: I. COMPOSITION OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM (GLLT.) II. RESPONSIBILITY OF THE C.LLT.INVESTIGATORS III. NOTIFICATIONS IV. POST CRITICAL INCIDENT DISCUSSION: The purpose of this order is to establish guidelines to investigate all officer-involved critical incidents and any other critical incidents, which the Sheriff deems necessary. PBSO in conjunction with the State Attorney's Office will investigate all officer-involved incidents expeditiously, thoroughly and professionally in order to factually establish what occurred. This order will apply to all employees assigned to the Violent Crimes Division. PROCEDURES: I. COMPOSITON OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM (C.LLT.) A. The C.LLT. Supervisor may, at his discretion, designate another supervisor to be the Team Supervisor. B. One or more detectives selected from the Violent Crimes Division. C. The Violent Crimes Division Commander, or designee, will act as the Investigation Coordinator and oversee all aspects of the criminal investigation. D. The C.LLT. Supervisor will provide Communications with a "Notification List for Critical Incidents" which will be retained on file in Communications. The C.LLT. Supervisor will periodically update the notification list. II. RESPONSIBILITY OF THE C.LLT. INVESTIGATORS A. If the incident involves a death of a human being, the Office of the Medical Examiner will be notified, and a request for a Forensic Investigator to respond to the scene will be made. B. The State Attorney's Office will be notified, as per their on-call policy. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 062007 061803 07-i 2 of 6 C. Evidence will be preserved and collected, in conjunction with Crime Scene; including the officer's weapon(s). D. The processing and photographing of the scene will be overseen, in conjunction with the Crime Scene Supervisor. E. Interviews and statements given by witnesses will be tape recorded. F. An on-scene walk-through and interview with all witness officers or employees will be conducted. The C.I.I.T. and Crime Scene Investigators will conduct the interview of witnesses as afact-finding process. C.I.I.T. Investigators will advise witness officer(s) if a supplement report must be completed prior to going off- duty. In most cases the taped interview will serve as the officers' official report. G. An attempt to conduct an at-scene walk-through and interview with any civilian and/or co-defendant, none of whom can be compelled to give a statement, will be made. H. The C.I.I.T. Supervisor will conduct an on-scene critique, either on-site, or at a place and time designated by the C.LLT. Supervisor, to discuss the facts and circumstances with the following personnel: 1. C.I.I.T. members 2. The Commander of the Violent Crimes Division 3. The Crime Scene Supervisor or designee 4. The Internal Affairs (IA) Supervisor/Investigator 5. The Colonel of Legal Affairs or designee 6. The State Attorney or Assistant State Attorney and/or their investigators 7. Any other personnel deemed essential by the C.LLT. Supervisor The involved officer(s) will be interviewed by C.I.I.T. member, who will conduct a walk-through interview. This interview will be tape and/or video-recorded. An IA Sergeant/Investigator will be present during any criminal walk-through interview conducted as part of a C.LLT. incident. The IA Sergeant/Investigator will not ask questions during the criminal walk-through interview, but may ask the criminal investigator to clarify any information received during the criminal walk-through interview. An IA Sergeant/Investigator may, at their discretion, be present during any criminal witness interviews conducted as part of a C.I.I.T. incident. If at the conclusion of the criminal walk-through interview, the IA Sergeant/Investigator requires more information concerning an incident, a second administrative (Garrity) walk-through may be conducted at that time. The interviews of involved employees(s) must be voluntary. IA Supervisors/ Investigators have the option of conducting the Administrative Investigation immediately after C.I.I.T. Investigators are finished, or at a later time. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 062007 061803 07-1 3 of 6 J. The Critical Incident Investigation Coordinator, or in his absence, the C.LLT. Supervisor will ensure Sheriff's Office Executive Staff are apprised of all aspects of the investigation as it progresses. This will be a direct line, chain-of-command communication and should not be superseded. K. All reports and statements pertaining to any investigation conducted by the C.I.I.T. will be prepared and submitted as soon as reasonably possible. L. The C.LLT. Supervisor will conduct a post incident debriefing with the C.LLT. members, Communications Supervisor(s), IA Supervisor(s)/Investigator(s), Colonel of Legal Affairs or designee, State Attorney or designee, Crime Scene Supervisor or designee, and any other personnel deemed essential by the C.LLT. Supervisor. III. NOTIFICATIONS A. When a police related shooting or other type of critical incident occurs involving a deputy or an officer or agent from another law enforcement agency within the jurisdiction of PBSO, the Watch Commander and/or designee will notify the C.LLT. Supervisor, who upon reviewing the facts related to the incident, will determine whether the C.I.I.T. will be activated. Upon activation of the Team, the C.LLT. Supervisor will have Communications notify the persons listed in the following order: The Commander of IA or designee. 2. The Crime Scene Supervisor who will respond to the scene. Additional crime scene personnel may then be called to assist with the investigation, at the discretion of the Crime Scene Supervisor or C.LLT. Supervisor. 3. The Colonel of Legal Affairs, who will then determine if additional personnel from Legal Affairs will be called to assist. 4. The contracted PBSO Psychologist. 5. The Public Information Officer (PIO). 6. Staff page. 7. Incident Command Van, if requested by C.I.I.T. Supervisor. B. The Watch Commander or designee will be responsible for the following: Take command of the scene and protect the evidence until the arrival of the C.LLT. Supervisor or designee. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 062007 061803 07-1 4 of 6 2. Secure the entire area with crime scene tape and remove all unauthorized persons, including officers not required inside the crime scene of the critical incident. 3. Assign a deputy or other personnel at the scene to maintain a log. The log will contain the following information: a. The names of officer(s) or other employees assigned duties at the scene, and what those duties are. b. The names of any person(s) who enter the scene, the time they enter the scene, reason for entering the scene, and the time they left the scene. 4. Ensure that all witnesses, including officers, remain at the scene and are separated to ensure proper police protocol and witness credibility. 5. Briefly speak with the involved officer(s) in order to ascertain a basic understanding of what occurred, so that affected supervisors may be briefed, 6. Advise the employee(s) involved and all witnesses not to discuss the details of the incident with any one else, regardless of rank, until they have been interviewed by C.LI,T. This does not preclude questions regarding the condition of the witnesses or officers by appropriate supervisory personnel. Allow the involved employee(s) to confer with his attorney and the PBSO Psychologist, if requested. The attorney and PBSO Psychologist will be granted confidentiality rights as provided by state statute. 7. Provide a reasonable safe environment for the involved officer(s) who are waiting to be interviewed. 8. Ensure that the needs of the involved employee(s) are being met. 9. Immediately initiate an area canvass to locate and identify any additional witnesses who have information relevant to the critical incident. Any witnesses will be made known to the C.LLT. Supervisor, the lead investigator appointed by the C.I.I.T. Supervisor, and the Commander of IA or the IA Supervisor/ Investigator appointed by that Commander. 10. Remain at the scene and take charge of the perimeter and security until relieved by the C.LLT. Supervisor. C. The C.I.I.T. Supervisor and the IA Supervisor/Investigator assigned to the Critical Incident Investigation will coordinate the Criminal and Administrative Investigations and the IA Supervisor/Investigator assigned to the Critical Incident Investigation. GENERAL ORDER s22_nn DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 062007 061803 07-1 5 of 6 D. The C.I.I.T. and IA will investigate the following critical incidents, and any other incident deemed appropriate by the Sheriff 1. When a deputy or other sworn officer uses physical force resulting in death, or life threatening injuries likely to result in death of a human being. 2. When a deputy or other sworn officer has shot and injured a person, or has been shot and injured, and the incident occurred within Palm Beach County. 3. When a deputy or other sworn officer suffers aself-inflicted firearm injury, whether intentional or accidental. 4. Any death of a person who is in the custody of any deputy, or other sworn officer, or within the care, custody, and control of any PBSO correctional facility, upon request of the Commander of IA, or designee. 5. Any incident, which the Sheriff deems necessary. E. In the event any of the above critical incidents involving PBSO employees occur inside the jurisdiction of any city in Palm Beach County, the Watch Commander will respond to the scene and monitor the situation. The Watch Commander will also ensure that the appropriate staff notification is made via Communications. The C.I.I.T. Supervisor is notified for determination regarding C.I.I.T. response to monitor and/or assist the investigating agency (if requested). The Watch Commander will ensure that the Commander to which the involved officer(s) are assigned, the Colonel of Legal Affairs, and the Commander of IA are notified. The Commander of IA will determine which IA Supervisor/Investigator will respond to monitor the investigation. 1. The Watch Commander will brief the C.I.I.T. member(s) and IA Supervisor(s)/Investigator(s) of what has occurred to that point, and then turn the investigation over to them. 2. IA has the option of conducting the Administrative Investigation immediately following the outside agency's investigation, or at a later date. F. The C.I.I.T. (only) will investigate the following critical incidents: When an officer(s) or agent(s) from another law enforcement agency is involved in a critical incident within the jurisdiction of PBSO: 1. The C.I.I.T. will keep the affected law enforcement agency appraised of the progress of the investigation. GENERAL ORDER c~~ nn DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 062007 061803 07-1 6 of 6 2. The C.I.I.T. may coordinate the investigation with the other agency, or conduct the investigation independent of the other agency, if the other law enforcement agency has concurrent jurisdiction. G. The IA Supervisor(s)/Investigator(s) will be present and, if necessary, will: 1. Conduct separate interviews with each deputy or other sworn officer, or employee. 2. Witness officer(s) and employees are required to cooperate in the Administrative Investigation. a. If a witness, officer(s) or employee(s) refuses to cooperate under the belief that he is a participant in the incident, the officer(s) will be treated as an involved officer. b. If a witness officer(s) or employee refuses to cooperate, and he is not under the belief that he is a participant, the IA Supervisor/ Investigator will issue a lawful order to cooperate, with the warning that disciplinary action may be taken if the officer or employee refuses to comply with the order. H. All releases to the media will be released through, or in conjunction with, the PIO. IV. POST CRITICAL INCIDENT A. Prior to the involved officer(s) returning to duty an interview with the PBSO designated psychologist will be required. The officer(s) will also be advised of the availability of the Employee Assistance Program. B. The involved officer(s), while on administrative leave, will be available at all times for official interviews and statements regarding the incident and will be subject to recall at any time. C. The involved officer(s) are not to discuss the details of the investigation with anyone except the officer(s) private attorney, the PBSO Psychologist, and/or C.I.I.T. Investigators. D. T'he involved officer(s) will not discuss the details of the Administrative Investigation with anyone other than the Supervisor(s) of IA, pending the completion of the internal investigation, and acceptance by the Sheriff.