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HomeMy WebLinkAboutResolution_11-06/07_11/09/2006• RESOLUTION NO. 11-06/07 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION OF THE TEQUESTA POLICE DEPARTMENT IN THE PALM BEACH COUNTY MULTI- AGENCY VIOLENT CRIMES TASK FORCE AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. WHEREAS, the Village Council of the Village of Tequesta is deeply concerned about the rise in violent crimes in the State of Florida and Palm Beach County. WHEREAS, there exists a mutual interest in preventing and solving violent crimes by all municipalities and their law enforcement agencies. WHEREAS, THE Village Council of the Village of Tequesta desires to cooperate with those concerned municipalities thereby providing for the maximum protection of the lives, safety and physical and mental well-being of the persons in the Village of Tequesta against violent crimes. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE • OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Memorandum of Understanding for the participation of the Tequesta Police Department in the Palm Beach County Multi-Agency Violent Crimes Task Force, attached hereto as exhibit "A", is hereby approved and the Mayor is hereby authorized to execute the same on behalf of the Village of Tequesta.. THE FOREGOING RESOLUTION WAS OFFERED by Council member Watkins, who moved its adoption. The motion was seconded by Council member Paterno, and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Jim Humpage Tom Paterno Geraldine A. Genco • Pat Watkins • The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of November, A.D., 2006. MAYOR OF TEQ ATTEST: ,~P~~F Il rP, - '~ i i , . ~~'o Betty Laur` ' ~-~CORPORATED: v ~ Acting Village Clerk %,N~~;GNF4 ~ 5;~'p~ 0 ~• ~~~~~'F O~ ~1 ~Q.``O / • EXHIBIT Atlantis Police Department Belle Glade 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-P--olive-Department---------- Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lake Park Police Department Lake Worth Police Department Lantana Police Department Manalapan Police Department Mangonia Park Police Department North Palm Beach Police Department Ocean Ridge Police Department Pahokee Police Department Palm Beach Police Department Palm Beach County Sheriff s Office Palm Beach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department Royal Palm Beach Police Department South Bay Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESSETH ®~ EXHIBIT d I WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment 1, 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: (1) Intensive situations, including, but not limited to, emergencies as defined under Section 252:34, Florida Statutes, and (2) 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 service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request. and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. S,FCTIO,N II: PROVISIONS FOR VOLUNTARY COOPERATION Each of the subscribed 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 in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, rrmotcr vehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or school board property, and inter-agency task forces and/or joint investigations. SECTION I11: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall 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. 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. School District Police Officers are hereby authorized to enforce laws in an area within 1000 feet of a school or school board property and within 1000 feet of any school sponsored event including, but not necessarily limited to, public school graduations, proms, dances and project graduations. Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction and upon the tatter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. Should a sworn law enforcement officer (officer) be in another subscribed agency's jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the presence of said officer, he/she shall be empowered to exercise authority as a law enforcement officer as if the officer was in his/her own jurisdiction. Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction and upon the latte~s arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, and/or secure apprehension of violent criminals whom the law enforcement officer may encounter. The Agency Head's decision in these matters shall be final. 2 Sr~TIO.N IV: COMMAND AND SUPERVISORY RESPONSIBILITY 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 agency requesting assistance. CONFLICTS: 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 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 shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is 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 steal! be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. 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 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. SECTION V: LIABILITY 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 employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. 3 SECTION Vl: POWEftS, PRIVILEGES, IMMI~NITIES AND COSTS A. Employees of each participating Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits, but inside the State of Florida, under the terms of 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 normally employed. B. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth __above;:_pro-vided_however; that-no agency-shall be required-to deplete-unreasonably -- it's own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. Communication with personnel from outside agencies will be accomplished with a shared radio frequency. Should the agency furnishing aid not have the capability to communicate on a shared radio frequency, then the requesting agency will either provide radios to the personnel of the agency furnishing aid or pair personnel from the agency furnishing aid with personnel from agencies that have the capability to communicate on a shared radio frequency. D. Apolitical subdivision that furnishes equipment pursuant to this part 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. E. The agency furnishing aid pursuant to this section shall compensate it's employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of it's employees while they are .rendering such aid, including any amounts paid or due for compensation due to personal injury or death yr iiii~' such eiiipioyees are ellgageU iii leliderl(lg such assistance. F. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' 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, auxiliary, and reserve employees. G. 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. 4 H. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the ether. SECTION Vli: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue iri full force and effect until January 31, 2005. On or about September 30, 2004, a committee will be established by the Palm Beach County Law Enforcement Planning Council in conjunction with the Palm Beach County Association of - ---- Cfiiefs-of-Police,-Inc.;--to review-this-Agreement and-revise, -if necessary:- -Under no - - - - circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION Vlll: CANCELLATION 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. 5 EXHIBIT PALM BEACH COUNTY MULTI-ADEN VIOLENT CRIMES TASK FORCE MEMORANDUM OF UNDERSTANDING ~~ WHEREAS, Palm Beach County Law Enforcement Agencies have entered into a combined mutual aid agreement for law enforcement services that is in full force and --- --effect.; and - ------_ -- - _ - .. --- WHEREAS, the participating Palm Beach County Law Enforcement Agencies set forth in Exhibit A, have the authority under the combined mutual aid agreement to enter into this Memorandum of Understanding creating the Multi-Agency Violent Crimes Task Force pursuant to Section II of said mutual aid agreement, herein incorporated by and referenced as Exhibit B; and WHEREAS, the participating Palm Beach County Law Enforcement Agencies, along with the State Attorney's Office for Palm Beach County and certain Federal and State agencies, have identified a need to establish aMulti-Agency Violent Crimes Task Force in .Palm Beach County to address violent crimes, utilizing a team problem-solving approach; NOW, THEREFORE, the participating Palm Beach County Law Enforcement Agencies, State Attorney's Office and certain Federal and State agencies agree to enter into this Memorandum of Understanding in consideration of mutual interests and understandings expressed herein, the parties hereto agree as follows: I. PURPOSE An enforcement initiative, identified as the Palm Beach County Multi- Agency Violent Crimes Task Force, hereinafter referred to as "VCTF", will be established between the participating law enforcement agencies to address violent crimes occumng in Falm Beach County. 2. The VCTF will be amulti-disciplined, long-term law enforcement response to violent crime, through complex investigative techniques, pro-active patrol to identify and arrest suspects, intelligence gathering and employment of vertical prosecution, with the goal of achieving maximum inter-agency cooperation through a combined law enforcement effort to reducing violent crimes in Palm Beach County. IL AUTHORITY i. This Memorandum of Understanding is established pursuant to the specific authority in Section II of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Ab Bement, authorizing the establishment ofinter-agency task forces. See Exhibit B. 2. The establishment of this Memorandum of Understanding does not in any way alter or modify the provisions of the existing Palm Beach County Law Enforcement Agencies Combined Operational Assistance -- --- ----- - - --- ---and--Voluntary Cooperation-Mutual-Aid--Agreements which-sets forth - the powers, privileges, immunities and liabilities of the participating Palm Beach County law enforcement agencies. III. SCOPE OF AGREEMENT A VCTF Board of Advisors will be created, made up of each participating agency's Chief of Police or Command Staff designee. The Board of Advisors to the VCTF will be responsible for establishing he command structure for the VCTF, determining investigative and actical operation protocols, and adopting a unified comprehensive policy and procedure to implement the purposes set forth in this Memorandum of Understanding. The Board of Advisors will further ~ecommend a location for a joint operation center for the VCTF. i. Each participating agency will have one vote on matters put before the Board and requiring a vote. Said protocols, operational procedures and recommendations shall be agreed upon by said Board and incorporated into this Memorandum of Understanding as an addendum. ,o the extent that resources and funding allow, participating agencies gill dedicate an officer to the VCTF, and provide necessary vehicles rid operational equipment for those members specifically assigned to 7e VCTF. Those agencies which cannot dedicate an officer to the jCTF, shall assign a liaison to the Task Force. 'he Palm Beach County Sheriffs Office will provide computer etworks, phones and other resources as necessary for the day-to-day peration of the VCTF, to the extent funding will allow. 4. The State Attorney of Palm Beach County will appoint an ~ ssistant State Attorney to serve as a "special prosecutor" to prosecute all cases initiated by the VCTF. The "special prosecutor" will be available to assist in the early investigative phase, to include, but not be limited to, providing legal advice and expertise in securing search and arrest warrants against violent criminal offenders. The "special prosecutor" will be subject to call on a 24-hour a day basis. 5. The .Bureau of Alcohol, Tobacco and Firearms will consider assigning personnel to the VCTF, once the program becomes operational. To the extent necessary, separate Memorandums of Understanding with ----- - ------ - - - --Federal-and-State agencies-setting--forth their-specific-involvement with - - the VCTF will be executed. 6. The Palm Beach County Sheriffs Office will immediately dedicate personnel to seek grant funds to support this program. 7. The Palm Beach County Sheriff's Office is committed to utilizing its resources to include, but not be limited to, ballistics and DNA analysis and other crime lab capabilities. The Organized Crime Bureau, Auto Theft Task Force, Gang Unit and other specialty units will assist in carrying out the purpose and goals of the VCTF. IV. EFFECTIVE DATE This Memorandum of Understanding shall take effect upon approval and signatures of the officials representing the participating agencies and will remain in effect unless and until an agency rescinds their participation in the VCTF upon 30 day written notice to the Board of Advisors. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. E: BIT .~ GENERAL ORDER s 522.00 VY _ ~t ~ ~ S Q f ~. ?~ ' ~ y C~~S~ ~,^ r~~ ` ~~ ~ ~ ~ v m "'• 2 r ~r ~ SUBJECT: CRITICAL INCIDENT INVESTIGATIONS ~ a . 7 iV'J'. u ~'yi `D ti".-..a-c~ ~ ' V ^J +1 Y . kfS V[G~C . DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 061803 1 of 8 RESCINVS SOP 522.00 ACCREDITATION STANDARDS CONTENTS: This General Order consists of the following numbered sections: 1 COMPOSITION OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM II. RESPONSIBILITY OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM. INVESTIGATORS III. NOTIFICATIONS IV. POST CRITICAL INCIDENT PURPOSE: The purpose of this General Order is to establish guidelines to investigate all officer-involved critical incidents and any other critical incidents, which the Sheriff's deems necessary. SCOPE: This order shall apply to all Sheriff's Office members assigned to the Detective Bureau. DISCUSSION: The Sheriff's Office 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. DEFINITIONS ADMINISTRATIVE INVESTIGATION - An investigation conducted by the Bureau of Internal Affairs to determine if the actions taken during the critical incident were in compliance with Sheriff's Office procedures. CRITICAL INCIDENT - A sworn member involved incident, on/or off-duty, which results in death or serious bodily harm or injury to a person. CRITICAL INCIDENT INVESTIGATIVE TEAM (C I I T~ - A team tasked with the responsibility of investigating critical incidents. GENERAL ORnER c~~ nn DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 061803 2 of 8 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. - _ -- --- 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: A. The Critical Incident Investigative Team Supervisor will be of the rank of Lieutenant or higher, and assigned to the Detective Bureau. The Critical Incident Investigative Team Supervisor may, at his or her discretion, designate another supervisor to be Team Leader. B. One or more detectives selected from the Detective Bureau, Crime Persons Unit. C. The Detective Bureau Commander, or designee, will act as the Investigation Coordinator and oversee all aspects of the criminal investigation. D. The Critical Incident Investigative Team Supervisor will provide Communications with a "Notification List for Critical Incidents" which will be r,, :.-, r,~ +,io (l0 ~ *+~.-, ,, i hA ~" ~~ ~ inciueaii in~~ecrirtaii :~.°~ ieam CC~aut~,u vit ttti, iit ~.vtiitituniia~tvti~. itt~. ~.riiieai ia• ~"b" 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. Notify the State Attorney's Office. C. Preserve and collect, in conjunction with Crime Scene, evidence; including the officer's weapon(s). D. Oversee the processing and photographing of the scene, in conjunction with the Crime Scene Supervisor. E. Tape record interviews and statements given by witnesses. GENERAL ORDER 522.00 llAT'E EFFECTIVE I SUPERSEDES REVISION NUMBER PAGE 061803 ~ 3 of 8 F. Conduct an on-scene walk-through and interview with all witness officers or employees. The Critical Incident Investigative Team and Crime Scene members will conduct the interview of witnesses as a [act-finding process. Critical Incident Investigative Team 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. _ _ ..Attempt _to -conduct _an at-scene..walk-through _and__interview_with_.any _civilia~ ___ _ ___ ___ __ and/or co-defendant, none of whom can be compelled to give a statement. 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. Critical Incident Investigative Team members. 2. The Commander of the Detective Bureau. 3. The Crime Scene Supervisor or designee. 4. The Internal Affairs Supervisor/Investigator. 5. The Chief Legal Advisor or designee. 6. The State Attorney or Assistant State Attorney. 7. Any other personnel deemed essential by the Critical Incident Investigative Team Supervisor. I. The involved off cer(s) will be interviewed by Critical Incident Investigative Team member, who will conduct awalk-through interview. This interview will be tape and/or video-recorded. Internal Affairs Supervisors/Investigator will not participate in the interviews or walk-through interview, but may monitor the process. The interviews of involved member(s) must be voluntary. Internal i~rrn.rr vuriArr: icier spin :~eci r'rr~inrc ilaV.r'. 1'ne rani-inn iV~y i~~il~fill(,~.t;ii CJ ti5r Administrative Investigation immediately after Critical Incident Investigative Team investigators are finished, or at a later time. J. The Commander of the Detective Bureau, or in his absence, the Critical Incident Investigative Team Supervisor will ensure Sheriffs Office Executive Staff are apprised of all aspects of the investigation as it progresses. K. All reports and statements pertaining to any investigation conducted by the Critical Incident Investigative Team will be prepared and submitted as soon as reasonably possible. L. The Critical Incident Investigative Team Supervisor will conduct a post incident debriefing with the Critical Incident Investigative Team members, Communications Supervisor(s), Internal Affairs Supervisor(s)/Investigator(s), Chief Legal Advisor or designee, Command Staff and the Assistant State Attorney assigned to investigate the incident. GENERAL ORDER 522.00 DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 061803 _ 4 of 8 III. NOTIFICATIONS A. When a police related shooting or other type of critical incident occurs involving a Sheriff s Office member, or an officer or agent from another law enforcement agency within the jurisdiction of the Sheriff's Office, the Watch Commander and/or Field Supervisor will notify the Critical Incident Investigative Team Commander who, upon reviewing the facts related to the incident, will determine _ __ __ ___ _ _ __ __whether__the _Critical __Incident_ In~~estigative_Team_ will__ be _ activated. __. Upon __ _____._ activation of the Team, the Critical Incident Investigative Team Commander will have Communications notify the following: 1. The Commander of the Bureau of Internal Affairs 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 Critical Incident Investigative Team Supervisor. 3. The Chief Legal Advisor, who will then determine if additional personnel from the Legal Advisor's Office will be called to assist. 4. The contracted Sheriff's Office Psychologist. 5. The Public Information Officer. 6. Staff page. B. The Watch Commander!Field Supervisor will be responsible for the following: Take command of the scene and protect the evidence until the arrival of the Critical Incident Investigative Team 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 sworn officer 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 members 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. GENERAL ORDER 522.00 _ DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE 061803 5 of 8 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.member(s)_in_volved and_al1_witnesses_not_to_discuss the_details_._____ of the incident with any one else, regardless of rank, until they have been interviewed by Critical Incident Investigative Team. This does not preclude questions regarding the condition of the witnesses or officers by appropriate supervisory personnel. Allow the involved member(s) to confer with his or her attorney and the Sheriff's Office Psychologist, if requested. The attorney and Sheriff's Office 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 member(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 shall be made known to the Critical Incident Investigative Team Supervisor, the lead investigator appointed by the Critical Incident Investigative Team Supervisor, and the Commander of the Bureau of Internal Affairs or the Internal Affairs Supervisor/ Investigator appointed by that Commander. 10. Remain at the scene and take charge of the perimeter and security until relieved by the Critical Incident Investigative Team Supervisor. C. The Critical Incident Investigative Team Supervisor and the Bureau of Internal Affairs Supervisor/Investigator assigned to the Critical Incident Investigation will coordinate the Criminal and Administrative Investigations and the Bureau of Internal Affairs Supervisor/Investigator assigned to the Critical Incident Investigation. D. The Critical Incident Investigative Team and Bureau of Internal Affairs 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. GENERAL ORDER X22.00 DATE EFFECTIVE SUPERSEDES ~ REVISION NU~VIBER PAGE 06 ] 803 6 of 8 2. Vdhen 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, Florida. 3. When a deputy or other sworn officer suffers aself-inflicted firearm injury, whether intentional or accidental. _4, _ _.Any_death of a_person why is_in_the custody_c~f any deputy, or other sworn_____ _____________ _ _- -_ officer, or within the care, custody, and control of any Palm Beach County Sheriff's Office correctional facility, upon request of the Commander of the Bureau of Internal Affairs, or designee. 5. Any incident, which the Sheriff deems necessary. B. In the event any of the above critical incidents involving Sheriff's Office deputies or members 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 Critical Incident Investigative Team Commander is notified for determination regarding Critical Incident Investigative Team 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 Chief Legal Advisor, and the Commander of Internal Affairs are notified. The Commander of Internal Affairs will determine which Internal Affairs Supervisor/Investigator will respond to monitor the investigation. The Watch Commander will brief the Critical Incident Investigative Team member(s) and Internal Affairs Supervisor(s)/Investigator(s) of what has -n-. ~iiri'?,ice tir mini irili~ity nr~,_, ll1411 i.U~ii ui~, 1i~v'i:;iu~uuvii vvei ~~ ui~.ii i. -- - ~- 2. The Bureau of Internal Affairs has the option of conducting the Administrative Investigation immediately following the outside agency's investigation, or at a later date. F. The Critical Incident Investigative Team (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 the Palm Beach County Sheriff's Office: The Critical Incident Investigative Team will keep the affected law enforcement agency appraised of the progress of the investigation. 2. The Sheriff's Office Critical Incident Investigative Team 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. GENERAL ORDER S~~ nn DATE EFFECTIVE SUPERSEDES REVISION NUMBER ,PAGE 061803 7 of 8 G. The Bureau of Internal Affairs 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, A_dministratiye I__mestigation. _ a. If a witness officer(s) or employee refuses to cooperate under the belief that he or she 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 or she is not under the belief that he or she is a participant, the Internal Affairs Supervisor/Investigator shall 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 Public Information Officer. IV. POST CRITICAL INCIDENT A. Prior to the involved officer(s) returning to duty an interview with the Sheriff's Office designated psychologist will be required. The officer(s) will also be advised of the availability of the Employee Assistance Program. n -rt,,, ~ i..~a c~:,.<,..i,.~ „~.:i~ n,,~ '„' r,-~r;,,o T °ave Fill },~ a:'a:lahlP ar all ~ >, t, I I_l. .iJ V \I I V llLL o l I ll~l.l 1\J ~. vv llll~ vii ~ •.lmuiiJU uu V v .. 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 Sheriff's Office Psychologist, and/or Critical Incident Investigative Team Investigators. D. The involved officer(s) shall not discuss the details of the Administrative Investigation with anyone other than the Supervisor(s) of the Bureau of Internal Affairs, pending the completion of the internal investigation, and acceptance by the Sheriff. GENERAL ORDER 522.00 llA_TE EFFECTIVE SUPERSEDES REVISION ~L'VIBER P:~GE 061803 - - 8 of 8 IlV'DEXING: Critical Incident Team Responsibility of the Critical Incident investigators APPROVEll: ..~, ~,~ J ~..,r t ,~~y,~~-.~. ~ ~,~,~ F~~r~ i~-~~.;,,,~~~+~.,, 061803 EDWARD W. BIELUCH, SHERIFF DATE PALM BEACH COUNTY, FLORIDA ATTEST: CI ~ Y OF ATLANTIS: Mayor (date) Chief of Police, Robert Mangold (date) (date) (date) CITY OF BELLE GLADE: __ _ _ _ -- Mayor (date) Chief of Police, Albert Dowdell (date) (date) --- - (date) CITY OF BOLA BATON: Mayor (date) Acting Chief of Police, James Burke (date) (date) (date) CITY OF BOY'NTON BEACH: Mayor (date) Chief of Police, G. Matthew Immler (date) (date) (date) CITY OF DELRAY BEACH: Mayor (date) Chief of Police, Larry Schroeder (date) (date) (date) FLORIDA ATLANTIC UNIVERSITY: President (date) (date) CITY OF GRF.ENACRES: Mayor (date) City Manager TOWN OF GULFSTREAM: (date) Mayor (date) Town Manager (date) TOWN OF HIGHLAND BEACH: I~A.~~...~ Yl Qy V1 ' / a..L~ 1 qua ~c~ Town Manager TOWN OF JUNO BEACH: (date) Mayor (date) Town Manager (date) Chief of Police, William Ferrell, IH (date) (date) . . ... .. _.._ .. .. _ . .. - ___ _. Chief of Police, Greg Smith (date) (date) Chief of Police, Glenn F. Goss (date) (date) L.uici vi 1 vai~,c~ v'r'v cituvi Yii 1 a~c.vc luuw~ (date) Chief of Police, H.C. Clark, II (date) (date) TOWN OF JUPITER: Mayor (date) Town Manager (date) Chief of Police, Frank Kitzerow (date) (date) TOWN OF JUPITER 1NLFT COLONY: Mayor (date) Chief of Police, Joseph Benevento (date) (date) (date) TOWN OF LAKE CLARKE SI30RES: Mayor (date) Chief of Police, Wes Smith (date) (date) (date) CITY OF LAKE WORTH: ~,. 1 ~1 Qy V l , ,~ `UaLe~ :,;,,; ; ~„~;,.~ ;~;ii,~i° U:~:i~ t-~lll~l vl 1 Vll 1. l.~ ulmil ~ date's \ J (date) (date) TOWN OF LANTANA: Mayor (date) Chief of Police, Rick Lincoln (date) (date) (date) TOWN OF NL4NALAPAN: Mayor Town Manager TOWN OF MANGONIA PARK (date) (date) Mayor (date) (date) VILLAGE OF NORTH PALM BEACH: Mayor (date) TOWN OF OCEAN RIDUE: (date) 111 Q,'lll i~a~e~ Town Manager TOWN OF PALM BEACE: (date) Mayor (date) Town Manager (date) Chief of Police, Clay Walker (date) (date) Chief of Police, Rodney Thomas (date) (date) Chief of Police, James Knight (date) (date) (date) Chief of Police, Michael Reiter (date) (date) PALM BEACH COITNTY SHERIFF'S OFFICE: (date) Sheriff, Ric Bradshaw (date) (date) (date) H COUNTY SCHOOL PALM BEAC _ _. _ DISTRICT: Chairman (date) Chief of Police, James Kelly (date) Superintendent (date) (date) CITY OF PALM BEACH GARDENS: Mayor: (dale) Chief of Police, Stephen Stepp (date) (date) (date) TOWN OF PALM BEACH SHORES: Mayor (date) Chief of Police, Roger Willie (date) (date) (date) VILLAGE OF PALM SPRINGS: Mayor (date) Chief of Police, Jay Pickens (date) Village Manager (date) (date) CITY OF RIVIERA BEACH: Mayor (date) (date) VILLAGE OF ROYAL PALM BEACH: Mayor (date) (date) TOWN OF SOUTH PALM BEACH: Mayor (date) Chief of Police, Clarence Wi-liams, lII (date) (date) Chief of Police, Ed Stepnowski (date) (date) Chief of Police, Roger Crane (date) (date) TE~UESTA: ~; U /~ /~' L' ~=' Mayor (date) (date) CITY OF WEST PALM BEACH: (date) n. Chief of Police, m McCollom (date) C~~- ~ ~~'--- %~~ ~% ~~ (date) ___ __ Mayor (date) Chief of Police, Delsa Bush (date) (date) (date) ii ,~~~UEST,q ,., ~, ,; ~- AO I. i GF, DEPT William McCollom Chief of Police September 11, 2006 TEQUESTA POLICE DEPARTMENT 357 Tequesta Drive Post Office Box 3273 Tequesta, Florida 33469-0273 Phone: (561) 575-6210 Fax: (561) 575-6218 Scott Hawkins, Esq. Jones, Foster, Johnston & Stubbs, P.A. 505 S. Flagler Drive, St. 1100 West Palm Beach, FL 33401 RE: Multi-Agency Violent Crimes Task Force Memorandum of Understanding Dear. Mr. Hawkins, v ~, (~ ~: Accredited 2000 Attached is a copy of the Memorandum of Understanding required for our participation in the Palm Beach County Multi-Agency Violent Crimes Task Force. Although we are not, nor do we plan to, commit an officer to the Task Force fulltime, in the event we need their assistance we will need to be a signed participant. The Memorandum of Understanding is the same MOU signed by agencies throughout Palm Beach County. Please review the MOU for legal form and sufficiency. Sincerely, I',(1_.~ William ~cCollom Chief of Police foes FOSTER jo~avsTON & STUBBS, P.A. Attorneys and Coueseiors Flagier Center Tutiver, Suite I I00 505 South Flagler Drive West Palnt Beach. Florida 3341)1 Telephone !_5611659-3000 Scott G. Hawkins, Esquire Board Gertffied In Business Litigation Law by the Florida Bar Direct Dial: 561-650-Q46Q Direct Fax: 561-650-0436 E-Mail: shawkins@jones-faster,com September 27, 2QQ6 VIA E-MAIUPDF William E. McCallom Chief ofi Police Tequesta Police Department 357 Tequesta Drive Tequesta, FL 33469-0273 h4crilir{q ~Iddre ~ s Post Office Box 3475 West Palm Beach. Florida 3340?-3475 Re: Multi-Agency Violent Crimes Task Force Memorandum of Understanding Dear Chief McCollam: Per our recen# discussions, I have reviewed the above-mentioned Memorandum of Understanding. I have conducted such review with respect to legal form and sufficiency. Based on my review and my understanding of the purposes of the Task Farce, I approve of the memarandum as to legal form and sufficiency. Likewise, I assume that you have conducted a substantive review of the memorandum and agree with the proposed terms. If you need anything further relative to my review, please let me know. Very truly yours, JONES, FOSTER, JOHNSTON & STUBBS, P.A. ., ~~ ~ ~ By Scott G, Hawkins, Esquire SGH:mIk cc: Mike Couao, Esq. P:IDOCS11 31 5 310 01K111LTR110P4380 t)l)C www.jorres fostcr,corn