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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_12/10/2020Agenda Item #4. Regular Council STAFF MEMO Meeting: Regular Council -Dec 10 2020 Staff Contact: Gus Medina, Police Chief Department: Police Approve South Florida Task Force Burglary Apprehension and Vehicle Crimes Unit Mutual Aid Agreement This Mutual Aid Agreement allows the requesting of the South Florida Task Force Burglary Apprehension and Vehicle Crimes Unit to assist in the investigations and apprehension of the following offenses: burglary, auto theft, and other related criminal activity occurring in South Florida. The agreement allows multi jurisdictional assistance within Palm Beach County, Broward County, Miami -Dade County, Martin County, and St. Lucie County. Additionally, this Agreement also states that any officer involved in a critical incident while assisting within Palm Beach County shall adhere to Palm Beach County Sheriff's Office General Order 522.00 (Critical Incident Investigations). This agreement shall take effect upon execution and shall continue in full force and effect for a one year period unless terminated prior thereto by any or all of the parties herein. This Agreement will be automatically renewed for consecutive one-year periods as to the participating agencies that have no provided a notice of termination as set forth herein. Approve ATTACHMENTS: = South Florida Task Force MOU Page 32 of 179 Agenda Item #4. MUTUAL AID AGREEMENT SOUTH FLORIDA TASK FORCE BURGLARY APPREHENSION AND VEHICLE CRIMES UNIT W I T N E S S E T H WHEREAS, the subscribing Law Enforcement Agencies 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 23.12, Florida statutes et. seq., the Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement services which permits voluntary cooperation across jurisdictional lines and establishing joint operations to combat law enforcement problems; and WHEREAS, the participating Law Enforcement Agencies have identified a need to establish a multi -agency task force to address burglary offenses, auto theft, and related criminal activity occurring in south Florida. Now, THEREFORE, BE IT KNOWN that the undersigned parties, in consideration for mutual promises to render mutual aid, hereby agree as follows: SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION 1.1. The Subscribing Law Enforcement Agencies (herein also referred to individually as as an "Assisting Agency" and set forth in Attachment 1) hereby approve and enter into this Mutual Aid Agreement (the "Agreement") whereby each may render law enforcement assistance to the other for the purposes of jointly addressing burglary offenses, auto theft, and related criminal activity which may cross over into Palm Beach County, Broward county, Miami --Dade county, Martin county and St. Lucie county, and into each participating agency's jurisdictional boundaries. In rendering law enforcement assistance, the subscribing Law Enforcement Agencies will assign law enforcement officers as needed to the task force, in a joint effort to address such criminal activity. 1.2. In furtherance of such voluntary cooperation, each agency's officers assigned to this task force shall be authorized to provide such assistance in each other participating agency's respective County and/or jurisdictional boundaries and are authorized to take any and all necessary law enforcement action in the investigation, apprehension and arrest of individuals while involved in the task force operations in furtherance of this Agreement. Page 33 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force SECTION 2: COMMAND AND SUPERVISOR RESPONSIBILITY 2.1 The personnel and equipment that are assigned by the Assisting Agency Head shall be under the immediate control of a supervising officer of the Assisting Agency Head and the responsibility for the conduct of the task force members shall remain with their respective participating agency heads. The day-to-day operation and administrative control of the Task Force will be the responsibility of the Task Force Supervisors, one of which shall be appointed by the Palm Beach County Sheriffs Office, one appointed by the Broward County Sheriffs office, and one appointed by the Miami -Dade Police Department. Participating agencies can and are encouraged to provide targets in their jurisdictions and each request will be evaluated and addressed on a priority basis by the Task Force Supervisors. 2.2 If a member of a subscribing law enforcement agency is involved in a `=critical incident" as set forth in Palm Beach county Sheriff's office General order 522.00 (Critical Incident Investigations), while rendering law enforcement assistance in Palm Beach county as set forth in this Agreement, the subscribing la►1v enforcement agency and its member agrees to adhere to that General order. See Exhibit A. Further, the subscribing law enforcement agency agrees that if one of their laver enforcement officers is involved in a critical incident in 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. a. As to the Ft. Lauderdale Police Department one, the following shall apply in place of Section 2.2 above: "If any member of the Fort Lauderdale Police Department is involved in, or is a witness to, a "critical incident" as defined in the Palm Beach County Sheriff's office General order 522.00 (Critical Incident Investigations), while rendering law enforcement assistance in Palm Beach county as set forth in this Agreement, said member shall remain on scene until released by the investigating authority. Witness officers shall cooperate with the investigating agency. Involved officers shall cooperate with the investigating agency, as provided by law." SECTION 3: CONFLICTS 3.1 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. 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 Task Force Supervisor , then such rule, regulation, policy, general order or procedure of the Assisting Agency shall control and shall supersede the direct order. 2 Page 34 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force SECTION 4: HANDLING OF COMPLAINTS 4.1 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 complaint shall be forwarded to the Task Force supervisor or his/her designee who 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 4.2 If it is determined that the accused is an employee of an Assisting Agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his/her designee of the Assisting Agency for review and any action that such agency deems appropriate. SECTION 5: LIABILITY 5.1 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. Each agency further agrees to indemnify and hold harmless the other subscribing agency, its agents, appointees, employees, designees and representatives from any and all claims, demands, judgments, suits and verdicts, cause and causes of action relating to the actions of its own officers in the performance of this Agreement, subject to the provisions of Section 768.28, Florida statutes. SECTION 5: POWERS, PRIVILEGES, IMMUNITIES AND COSTS 6.1 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 of the employee's jurisdictional limits, but in such areas as stated in this Agreement, 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. 6.2 Each subscribing Law Enforcement 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 Page 35 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force 6.3 A political 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. 6.4 The Assisting Agency will pay the salary, benefits, overtime and other compensation to its officers assigned to the task force, including any amounts paid or due for compensation due to personal injury or death while such officer is engaged in rendering such assistance. 6.6 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 Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. SECTION 7: FORFEITURE 7.1 The Assisting Agency in whose jurisdiction property is seized will maintain the seized property and determine whether there is a good --faith basis to initiate forfeiture proceedings related to property seized by it in the course of the task force investigations relating to this Agreement. 7.2 In cases of overlapping jurisdiction between a county Assisting Agency and a Municipality Assisting Agency, the municipality shall be responsible for any forfeiture of seized property in accordance with Section 7.1, unless otherwise agreed to by the municipality and the county. 7.3 It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida contraband Forfeiture Act, Section 932.701, et. seq., Florida Statutes, may be seized. Any such property seized, and if forfeited and awarded, shall be equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency, less the costs associated with the forfeiture action. The agency pursuing the forfeiture action shall have the exclusive right to control and the responsibility to maintain the property including, but not limited to, the complete discretion to bring the action, to dismiss the action, or to settle, pursuant to the provision of the Florida Contraband Forfeiture Act. SECTION 8: INSURANCE 8.1 Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(16), 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, 4 Page 36 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force of any party be canceled or undergo material change, that party shall notify all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION 9: EFFECTIVE DATE 9.1 This Agreement shall take effect upon execution and approval by the hereinafter named officials ( the "effective date") and shall continue in full force and effect for a one year period unless terminated prior thereto by any or all of the parties herein. The prior Mutual Aid Agreement for the Bu-Lglary Aop rehension Task Force and its Addendums shall cease to be in effect upon the effective date of this Agreement. Any individual agency may cancel their participation in this task force and terminate this agreement as to their agency upon thirty (30) days written notice to the other participating agencies. This Agreement will be automatically renewed for consecutive one year periods as to the participating agencies that have not provided a notice of termination as set forth herein. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. [Remainder of this page intentionally left blank] 5 Page 37 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force ATTACHMENT 1 Subscribing Law Enforcement Agencies Palm Beach County Sheriff's office Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lantana Police Department North Palm Beach Police Department Ocean Ridge Police Department Palm Beach Police Department Palm Beach Gardens Police Department Palm springs Police Department Riviera Beach Police Department Tequesta Police Department West Palm Beach Police Department Broward County sheriff's office Coral Springs Police Department Ft. Lauderdale Police Department Hollywood Police Department Light House Point Police Department Margate Police Department Pembroke Pines Police Department Miami Beach Police Department Miami -Dade County Police Department Coral Gables Police Department Miami Gardens Police Department Martin County sheriff's office St. Lucie County sheriff's office Port St. Lucie Police Department Florida Highway Patrol 0 Page 38 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force PALM BEACH COUNTY SHERIFF'S OFFICE Ric L. Bradshaw, Sheriff Date BOCA RATON POLICE DEPARTMENT Chief Michelle Miuccio Gate BOYNTON BEACH POLICE DEPARTMENT Chief Michael G . Gregory Date BROWARD COUNTY SHERIFF'S OFFICE Gregory Tony, Sheriff Date Approved as to form and legal sufficiency, subject to execution by the parties: By: Terrence Lynch Gate General Counsel, Broward County Sheriffs office CORAL GABLES POLICE DEPARTMENT Chief Edward J. Hudak Jr. Date 7 Page 39 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force CORAL SPRINGS POLICE DEPARTMENT Chief Clyde Parry Date DELRAY BEACH POLICE DEPARTMENT Chief Javaro Sims Date FLORIDA ATLANTIC UNIVERSITY POLICE DEPARTMENT Chief Sean Brammer Date FLORIDA HIGHWAY PATROL Director Colonel Gene Spaulding Date FORT LAUDERDALE POLICE DEPARTMENT Chief Fick Maglione Date City Manager Date As to form Assistant City Attorney Date 0 Page 40 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force HOLLYWOOD POLICE DEPARTMENT Chief Chris O'Brien Date JUNO BEACH POLICE DEPARTMENT Chief Brian J. smith Date JUPITER POLICE DEPARTMENT Chief Daniel J. Kerr Date JUPITER INLET COLONY POLICE DEPARTMENT Chief John Pruitt Date LANTANA POLICE DEPARTMENT Chief Sean Scheller Date LIGHTHOUSE POINT POLICE DEPARTMENT Chief Ross Licata Date 9 Page 41 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force MARGATE POLICE DEPARTMENT Chief Jonathan Shaw City Manager City Attorney MARTIN COUNTY SHERIFF'S OFFICE William D. Snyder, Sheriff MIAMI BEACH POLICE DEPARTMENT Chief Richard Clements MIAMI-DADE POLICE DEPARTMENT Alfredo Ramirez III, Director MIAMI-DADE COUNTY Date Date Date Date Date Date Carlos A. Gimenez, Mayor Date MIAMI GARDENS POLICE DEPARTMENT Chief Delma Noel -Pratt Date 10 Page 42 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force NORTH PALM BEACH POLICE DEPARTMENT Chief Richard Jenkins date OCEAN RIDGE POLICE DEPARTMENT Chief Hal Hutchins date PALM BEACH POLICE DEPARTMENT Chief Nicholas P. Caristo Gate PALM BEACH GARDENS POLICE DEPARTMENT Chief Clinton Shannon Cate PALM SPRINGS POLICE DEPARTMENT Chief Thomas Ceccarelli date 11 Page 43 of 179 Agenda Item #4. Mutual Aid Agreement- Burglary Apprehension and Vehicle Crimes Unit Task Force PEMBROKE PINE POLICE DEPARTMENT Chief Kipp Shimpeno Date PORT ST.LUCIE POLICE DEPARTMENT Chief John Bolduc Date RIVIERA BEACH POLICE DEPARTMENT Chief Nathan Osgood Date ST. LUCIE COUNTY SHERIFF'S OFFICE Ken J. Mascara, Sheriff Date TEQUESTA POLIO DEPARTMENT Chief Gus r' dina 2-K - a2v ate WEST PALM BEACH POLICE DEPARTMENT Chief Frank Adderley Date 12 Page 44 of 179 Agenda Item #4. GENERAL ORDER 522,00 SUBJECT: CRITICAL INCIDENT INVESTIGATIONS DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 071317 051613 17--5 1 of S RESCINDS CONTENTS! This General Order consists of the following numbered sections: I. COMPOSITION OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM (C.I.I.T.) II. RESPONSIBILITY OF THE C.I.I.T.INVESTIGATORS III. NOTIFICATIONS IV. IV. POST CRITICAL DEBRIEFING V. POST CRITICAL INCIDENT - INVOLVED OFFICER VI. POST CRITICAL INCIDENT ASSESSMENT TEAM 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. At the Sheriffs discretion he may request or invite an outside law enforcement entity, either at the federal or state level, to investigate in totality or in part any aspects of an officer involved critical incident. PESO 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. DEFINITIONS: ADMINISTRATIVE INVESTIGATION — An investigation conducted by the Division of Internal Affairs to determine if the actions taken during the critical incident were in compliance with PBSO procedures. CRITICAL INCIDENT --- An incident that is unusual, is violent, and involves perceived threat to, or actual loss of, human life. The incident is a significant emotional event that breaks through an individual's normal coping mechanisms and may cause extreme psychological distress. CRITICAL INCIDENT INVESTIGATIVE TEAM (C.I.I.T.) — A team tasked with the responsibility of investigating critical incidents. CRITICAL INCIDENT INVESTIGATION COORDINATOR - The Detective Bureau Commander, or designee, will act as the Investigation Coordinator and oversee all aspects of the criminal investigation. CRITICAL INCIDENT INVESTIGATION TEAM SUPERVISOR - The Critical Incident Investigation Team Supervisor will be of the rank of Lieutenant or higher, and assigned to the Detective Bureau. Page 45 of 179 Agenda Item #4. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 071317 051613 1 17-5 2 of 8 El CRIMINAL INVESTIGATION - An investigation conducted by the Critical Incident Investigative Team to determine if actions taken during the critical incident were in compliance with Florida Statutes. PROCEDURES: I. COMPOSITON OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM (C.I.I.T.) A. The C.I.I.T. 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.I.I.T. Supervisor will provide Communications with a "Notification List for Critical Incidents" which will be retained on file in Communications. The C.I.I.T. Supervisor will periodically update the notification list. II. RESPONSIBILITY OF THE C.I.I.T. 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. C. Identify evidence for collection and preservation. 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 recorded. F. An on -scene walk-through if possible may be conducted with the involved deputy(ies). G. An attempt to conduct an at -scene walk --through and interview with any civilian and/or co-defendant. 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.I.I.T. Supervisor, to discuss the facts and circumstances with the following personnel: Page 46 of 179 Agenda Item #4. GENERAL ORDER 522,00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 071317 1 051613 1 17-5 1 3 of 8 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 Commander 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.I.I.T. Supervisor I. The Commander of the violent Crimes Division will conduct an on -scene critique of any video, audio, or digital recordings known to exist, and available, at that time. J. The C.H.T. Coordinator, or in his absence, the C.I.I.T. Supervisor will ensure PBSO 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.M.T. Supervisor will conduct a post incident debriefing with the C.I.I.T. members, IA Supervisors)/Investigator(s), Commander of Legal Affairs or designee, State Attorney or designee, Crime Scene Supervisor or designee, and any other personnel deemed essential by the C.I.I.T. 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 lave enforcement agency within the jurisdiction of PBSO, the watch Commander and/or designee will notify the C.H.T. 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.I.I.T. Supervisor will have Communications notify the persons listed in the following order: 1. The Commander of IA or designee. 2. The Crime Scene Supervisor who will respond to the scene. Additional cringe scene personnel may then be called to assist with the investigation, at the discretion of the Crime Scene Supervisor or C.I.I.T. Supervisor. 3. The Commander of Legal Affairs, who will then determine if additional personnel from Legal Affairs will be called to assist. 4. The contracted PBSO Psychologist. Page 47 of 179 Agenda Item #4. GENERAL ORDER 522_60 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 071317 1 051613 1 17-5 1 4 of 8 S. The Public Information Officer (PIO). d. Staff notification. 7. Incident Command Unit, if requested by C.I.I.T. Supervisor. B. The watch Commander or designee will be responsible for the following: 1. Take command of the scene and protect any known evidence until the arrival of the C.I.I.T. Supervisor or designee. 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 and ID numbers 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 to better facilitate the investigation. 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.I.I.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 PB So Psychologist, if requested. The attorney and PB So Psychologist will be granted confidentiality rights as provided by state statute. 7. Provide a reasonable safe environment for the involved officer(s) who is waiting to be interviewed. 8. Ensure that the needs of the involved employees) are met. 9. Immediately initiate an area canvass to locate and identify any additional witnesses who have information relevant to the critical incident. Any Page 48 of 179 Agenda Item #4. GENERAL ORDER 522,00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 071317 051613 17-5 1 5 of 8 witnesses will be made known to the C.I.I.T. 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.I.I.T. Supervisor. C. The C.I.I.T. Supervisor and the IA Sergeant/Investigator assigned to the Critical Incident Investigation will coordinate the Criminal and Administrative Investigations. 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 a self-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 PB SO 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) is assigned, the Commander of Legal Affairs, and the Commander of IA are notified. The Commander of IA will determine which IA Sergeant/Investigator will respond to monitor the investigation. 1. The Watch Commander will brief the C.I.I.T. member(s) and IA Supervisors)/Investigator(s) of what has occurred to that point, and then turn the investigation over to them. Page 49 of 179 Agenda Item #4. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 071317 1 051613 1 17-5 1 6 of 8 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. 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 Supervisors)/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 employees) 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. 3. Internal Affairs investigator assigned to the Critical Incident Investigation will be responsible for arranging an appointment for the involved deputy with a designated psychologist and, when possible, ensuring the visit occurs within 72 hours following the critical incident, or at the earliest time possible if not within 72 hours. H. All releases to the media will be released through, or in conjunction with, the PIO. IV, POST CRITICAL DEBRIEFING A. The Commander of VCD will post notice of a Critical Incident Debriefing (CID) within 48 hours or at the earliest time possible if not within 48 hours. The attendees will include representatives from C.I.I.T., Commander of Violent Cringes, Commander of Internal Affairs, Commander of Training or designee, representative from Legal Affairs, Crime Scene Investigators and Supervisor, Page 50 of 179 Agenda Item #4. GENERAL ORDER 522_tl0 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 071317 051613 1 17-5 1 7 of 8 Medical Examiner or representative, and representatives of the State Attorney's Office. B. The aspects of this debriefing will cover known facts of current investigation and will be in tune to review and address significant and/or problematic issues identified during the on -scene critical incident investigation. V. POST CRITICAL INCIDENT - INVOLVED OFFICER 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 officers), 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) is 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. The 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. VI. POST CRITICAL INCIDENT ASSESSMENT TEAM A. The Post Critical Incident Assessment Team (PCIAT) will be responsible for conducting a review of critical incidents in the following areas: 1. Tactical Analysis 2. Training Issues 3. Quality of supervision at scene 4. Quality of investigative efforts related to the incident B. Members of the PCIAT will consist of the following members, at a minimum: l . Member of Executive Staff as designated by the Sheriff 2. Commander of affected regional bureau 3. Commander of Internal Affairs 4. Commander or supervisor from the involved deputy's assignment at the time of the incident 5. Commander or executive officer of the Training Division 6. Executive officer from the Communications Division 7. Any other subject matter expert deemed necessary for the review C. Cases will be selected under the direction of the Department of Legal Affairs for the purpose of risk assessment and in anticipation of litigation, and will be Page 51 of 179 Agenda Item #4. GENERAL L ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 071317 051613 1 17-5 1 8 of 8 reviewed by the PCIAT on a quarterly basis. In addition, this assessment is to provide the Department of Legal Affairs information on current training and policies upon which to base possible revisions in training or policies, or both, so that the PBSO can better perform its functions of serving and protecting the public. D. Cases under consideration must be closed investigations, where a closeout letter from the State Attorney's Office has been received and the Internal Affairs Investigation has been completed. E. Members of the PCIAT will discuss the circumstances known at the time of the incident and the tactical decision making of deputies, supervisors and Communications personnel. F. The recommendations of PCIAT will be prepared at the direction of the Department of Legal Affairs and constitutes attorney/client privileged information regarding legal tactics and settlement strategy which is not subject to release as a public record under Chapter 119, Florida Statutes. Once prepared, the PCIAT will forward its assessment and recommendations to the Department of Legal Affairs. Page 52 of 179