HomeMy WebLinkAboutDocumentation_Regular_Tab 11_11/09/2006VILLAGE OF TEQUESTA
MEETING AGENDA ROUTING SHEET
MEETING DATE: October 11, 2006
REQUESTED ACTION/SUMMARY:
Approval of a Memorandum of Understanding that will allow the police
department to participate in amulti-agency violent crime task force. This is an on-going
program established by Sheriff Ric Bradshaw.
RESOLUTION OR ORDINANCE NUMBER: Res # 11-06/07 Ord #
ORIGINATING DEPARTMENT: Tequesta Police Department
FUNDING SOURCE: 2006/2007 BUDGET
ACCOUNT NUMBER: N/A
CURRENT BUDGETED AMOUNT AVAILABLE: $ N/A
AMOUNT OF THIS ITEM: $ N/A
AMOUNT REMAINING AFTER THIS ITEM: $ N/A
BUDGET TRANSFER REQUIRED: ^Yes ®No
APPROPRIATE FUND BALANCE: ^Yes ^ No ®N/A
Piggyback Contract Name and #:
Or
Competitive Bid #
APPROVALS:
DEPARTMENT HEAD:
FINANCE DIRECTOR:
VILLAGE MANAGER:
VILLAGE MANAGEI~tECOMMENDATION:
APPROVE ITEM: ~'
DENY ITEM: ^
VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY
®Yes ^No
^Not Applicable (n/a)
,~~,ouESry , TEQUESTA POLICE DEPARTMENT q
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BOO uc~ i MEMORANDUM ~„4,~,
DEPT
To: Michael Couao
Village Manager
From: Chief William E. McCollo
Date: October 6, 2006
Subject: VIOLENT CRIMES TASK FORCE -MEMORANDUM OF UNDERSTANDING
Attached for your consideration is an agenda item for October 11, 2006; a
memorandum of understanding (MOU) that will allow the police department to
participate in amulti-agency violent crimes task force (VCTF).
Due to Chief Allison's retirement our participation in the VCTF must be reaffirmed by
executing the agreement under my signature. Our level of participation will remain
at a minimal level as specified in section III, paragraph 2. ("Those agencies which
cannot dedicate an officer to the VCTF, shall assign a liaison to the Task Force. "J
Attorney Hawkins has reviewed the agreement and has approved the agreement
for its legal form and sufficiency -see attached letter from Mr. Hawkins.
Our participation in the task force assures the availability of additional
resources to protect our community from violent crime.
As required, I have attached the necessary paperwork to be presented to
the Council.
VILLAGE OF TEQUESTA
VILLAGE COUNCIL MEETING AGENDA COVER/MEMORANDUM
Date Prepared: October 6, 2006
Meeting Date: October 11, 2006
f`T . A CCiIN'If ATi[)N:
Subject/Agenda Item/Summary:
Approval of a Memorandum of Understanding that will allow the police department to
participate in amulti-agency violent crime task force. This is an on-going program established
by Sheriff Ric Bradshaw.
STAFF RECOMMENDATION TO ®APPROVE U DENY
Reviewed by: Costs: Attachments: Advertised:
(please list)
None Date:
1. Meeting Agenda
Routing Sheet Paper:
Funding Source: 2. Resolution 11-06/07 ^ Not Required
^ Operating
3. Memorandum of
^ Other (explain) Understanding Affected Parties:
(exhibit "A")
^ Notified (explain)
4. Correspondence with
Attorney Hawkins for
Legal Form and
Sufficiency
Budget Acct. #
^ None ®Not Required
Submitted by: Originating Department: Village Manager Council Action:
Approval:
^ Approved
^Approved
w/conditions:
^ Denied
^ Tabled until:
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 herby approved and the Mayor is herby authorized to execute the same
on behalf of the Village of Tequesta..
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
who moved its adoption. The motion was seconded by
Councilmember
and upon being put to a vote, the vote was as
follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly passed and adopted this day of
A.D., 2006.
MAYOR OF TEQUESTA
James Humpage
ATTEST:
Gwen Carlisle
Village Clerk
PALM BEACH COUNTY MULTI-AGENCY VIOLENT
CRIMES TASK FORCE CRITICAL INCIDENT
PROTOCOL
MEMORANDUM OF UNDERSTANDING
WHEREAS, Palm Beach County Law Enforcement Agencies have
entered mto 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 request and render law enforcement assistance to each other, to include but
not be limited to, sharing of personnel in inter-agency task force and/or joint
investigations, pursuant to Section II of said mutual aid agreement, herein incorporated
by reference as Exhibit B; and
WHEREAS, Law Enforcement Agencies in Palm Beach County have
assigned law enforcement officers to the Palm Beach County Multi-Agency Violent
Crimes Task Force, hereinafter referred to as "VCTF", and incorporated by reference as
Exhibit C; and
WHEREAS, it is imperative that consistent investigations be conducted
when law enforcement officers are involved in critical incidents, which result in death or
serious bodily harm or injury to any person, during the course of their assignment to the
VCTF;
NOW, THEREFORE, Palm Beach County Law Enforcement Agencies
that have law enforcement officers assigned to the VCTF, hereby agree as follows:
I. PROCEDURE
1. Any law enforcement officer in Palm Beach County assigned to the
VCTF, will adhere to the Palm Beach County Sherifr"s Office General
Order 522.00 (Critical Incident Investigations), which is herein
incorporated by reference as Exhibit D, if that member is involved in a
"critical incident" as defined by that general order.
2. A "critical incident" involving law enforcement officers assigned to
the VCTF includes situations involving death or serious bodily harm
or injury to any person. The assigned law enforcement officer, whether
deemed an "involved officer" or a "witness officer", will be required
to follow the procedures as set forth in Palm Beach County Sheriff's
Office General Order 522.00.
3. It is understood and agreed that when a law enforcement officer is
assigned to the VCTF, as set forth above, and is involved in a critical
incident, 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.
II. EFFECTIVE DATE
1. This Memorandum of Understanding will 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.
IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the
date specified.
2
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
-------------Hi-ghland-Beach-P-ol-ice Depar-Gment---------
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
COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY
MUTUAL AID AGREEMENT
WITNESSETH
AGENCIES
COOPERATION
EXHIBIT
d ~.
s
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,~CTIO,N ll: 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 or'fenses, robberies, assaults,
burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations.
pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol
activities, School Police Officers enforcing laws within 1.000 feet of a school or school
board property, and inter-agency task forces and/or joint investigations.
SECTION III: 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 tivhat 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 ihcluding, 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
lattehs 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
SE'CTICN IV: COMMAND AND SUPERVISORY RESPONSIBlL1TY
The personne! 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,
personne! policies, general orders and standard operating procedures of his/her own
----- -
-emp oyer~--If-any--such--rule,-reguiation,-personnel--policy;-general- order~or s~andg~d--- -
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 shall 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 V1: POWERS, 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
_________ab_ove;-provided_ho-wever,-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
1A lr'1 I1n f`I li"~1"1 /l ~li'+~ln .-. ..J .~ J.
yr i uiv ou~,~ i ciiiiNwyces ale ell Igag Cll III rel leer ing 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 V11: EFFECTIVE DATE
This Agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue ih 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
-- ----Chiefs--of-Police;--Inc.--to-review-this--Agreement-and-revises-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 C®UNTY 1~IUILTI-ADEN
~vTI®LENT Cl~IMES TASK F®RCE
MEMQRA.NI)Ui~I 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
1. 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 occurring in Palm 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.
II. 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 Agreement, 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--Agreement,--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
the command structure for the VCTF, determining investigative and
tactical 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
recommend a location for a joint operation center for the VCTF.
a. Each participating agency will have one vote on matters
put before the Board and requiring a vote.
b. Said protocols, operational procedures and
recommendations shall be agreed upon by said Board and
incorporated into this Memorandum of Understanding as
an addendum.
2. To the extent that resources and funding allow, participating agencies
will dedicate an officer to the VCTF, and provide necessary vehicles
and operational equipment for those members specifically assigned to
the VCTF. Those agencies which cannot dedicate an officer to the
VCTF, shall assign a liaison to the Task Force.
3. The Palm Beach County Sheriffs Office will provide computer
networks, phones and other resources as necessary for the day-to-day
operation of the VCTF, to the extent funding will allow.
4. The State Attorney of Palm Beach County will appoint an Assistant
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 ?4-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 Sheriff's 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
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~ T SUBJECT: CRITICAL INCIDENT INVESTIGATIONS
R.FSPLGT
DATE EFFECTIVE i SUPERSEDES REVISION NUMBER PAGE
061803 1 of 8
RESCINDS SOP 522.00
ACCREDITATION
STANDARDS
CONTENTS:
This General Order consists of the following numbered sections:
I COMPOSITION OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM
IL RESPONSIBILITY OF THE CRITICAL IIv~CIDENT INVESTIGATIVE TEAM.
INVESTIGATORS
III. NOTIl~ICATIONS
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.LLT.~ - A team tasked with the
responsibility of investigating critical incidents.
GFNF.RAI, ORDER
522.00
SUPERSEDES
DATE EFFECTIVE REVISION NUNLBER PAVE
_
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 1N~BSTIGATION 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
rl.lalllllU oil Llle 111 \.olllllll1i11eaL1o11J. i ne \.riiivai iii^iiu~ini in~r~eciiinaiive Team
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Supervisor will periodically update the notification list.
IL 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. 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.
GFNFRAi, nI2DFR
522.00
DATE EFFECTIVE SUPERSEDES RI VIS10N 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 afact-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 _civilian ....__.__ __ ___ __ .
and!or co-defendant, none of whom can be compelled to give a statement.
H. The C.I.LT. 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:
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 officer(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
A rrn;rc vu'~er`.'i.°ivr.°i~in :'e,°iii~ra fors na :re i-ne ~rni~ir~n ~~~f i~~-~~S i~t~I i~~.ti Piu aG
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 Sheriff's 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
s?Z.no
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 Sheriffs 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_Investigative. Team_ will___be_activ.ated,_ 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.
(_Ti'NFRAT (IRTIFR
522.00
v`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. _.Adviseahe member(s).in_volved_and_all 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.
f_FNFR A T , (1RTlFR
522.00
DATE EFFECTIVE I SUPERSEDES REVISION NUMBER PAGE
_
061803 6 of 8
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, Florida.
3. When a deputy or other sworn officer suffers aself-inflicted firearm
injury, whether intentional or accidental.
4. __ ___Any_death_of a pers~?n who. is in. t_h_ e custody of any_d.zputy,_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.
E. 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 Supervisorllnvestigator 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_.i,i iri[=ii i~~i ilini piriilL~ i2iii_i i.11~1J 4u~~~ uii. iii`v ~au~uuvil vv~.r w ~at~.aii.
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.
~~~N~u nT nunFu
522.00
DATE EFFECTIVE SUPERSEDES REVISION NUMBER PAGE
061803 7 of 8
G. The Bureau of Internal Affairs Supervisor(s)ilnvestigator(s) will be present and, if
necessary, will:
I. 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 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 T~~ ~ i..,,a ~'~;,.<,,.i„~ ,t,:io na„,;,,;~,,-~t:~.'e L,euvP .rill be a~,ailahlP ~t all
I). I llll III V\11 Vl.ll \/1114v11J1 YV lllllJ V31 [~lt-+1111111.. Viu
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
s22_~n
DATE EFFECTIVE SUPERSEDES REVISION N[?MBER PAGE
061803 ~ , 8 of 8
INDEXING:
Critical Incident Team
Responsibility of the Critical Incident investigators
APPROVED:
__
f . '_ ~ i
' _<~~,.,,.~_~~,,~ ~, ,~ `i +a,;,...~``""~'.~ , 061803
I;DW ARD W. BIELUCH, SHERIFF DATE
PA1~M BEACH COUNTY, FLORIDA
ATTEST:
CIT 1' OF ATLANTIS:
Mayor (date) Chief of Police, Robert Mangold (dat'e)
(date) (date)
__ _
CITY OF BELLE GLADE:
Mavor (date) Chief of Police, Albert Dowdell (date)
(date) (date)
CITY OF BOCA BATON:
Mayor (date) Acting Chief of Police, James Burke (date)
(date) (date)
CITY OF BOYNTON BEACH: I
~
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 ATLA1vTIC UNIVERSITY:
President (date)
(date)
CITY OF GREENACRES:
C}uef of Police, William Ferrell, III (date)
(date)
Mayor (date) Chief of Police, Greg Smith (date)
Cify Manager (date) (date)
TOWN OF GULFSTREAM:
Mayor (date) Chief of Police, Glenn F. Goss (date)
Town Manager (date) (date)
TOWN OF HIGHLAND BEACH:
hd
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Town Manager (date) (date)
TOWN OF JUNO BEACH:
Mayor (date) Chief of Police, H.C. Clark, II (date)
Town Manager (date) (date)
TOWN OF JLrPITER:
Mayor (date)
Town Manager
TOWN OF JUPITER INLET (date)
COLONY:
Mayor (date)
(date)
TOWN OF LAKE CLARKS SHORES:
Mayor (date)
CITY OF LAKE WORTH: (date)
~,.........
1~1Q,' V 1 ; ,~„ro
`UULI.~
TOWN OF L ANTANA: (date)
Mayor (date)
(date)
Chief of Police, Frank Kitzerow (date)
(date)
Chief of Police, Joseph Benevento (date)
______
(date)
Chief of Police, Wes Smith (date)
(date)
:,;,,; ,,; v„7;..n :n„ilium ",,;+:, ; ~~rPl
~.iu~,i vi i vua. ~.~ r r iaiiuiai vaaiuai ~.... w~
(date)
Chief of Police, Rick Lincoln (date)
(date)
T01VN OF MAIVALAPA\:
Mayor (date)
Town Manager (date)
TOWN OF MANGOMA PARK:
Mayor (date)
(date)
VILLAGE OF NORTH PALM BEACH;
Mayor (date)
TOWN OF OCEAN RIDGE: (date)
flay V r 1 4aii.v 1
~ ~
Town Manager (date)
TOWN OF PALM BEACH:
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)
C, :: 11'.~ (lam Yl~l~tl~Y, ti 11W Af"11 fllllt_1 J \11111"t=;1
(date)
Chief of Police, Michael Reiter (date)
(date)
PALM BEACH COUNTY SHERIFF'S
OFFICE:
(date) Sheriff, Ric Bradshaw (date)
(date) (date)
PALM BEACH COUNTY SCHOOL
DISTRICT:
Chairman (date) Chief of Police, James Kelly (date)
Superintendent (date) (date)
CITY OF PALM BEACH GARDENS:
Mayor: (date) 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) Chicf of Police, Clarence Williams, IB
(date)
(date) (date)
VILLAGE OF ROYAL PALM BEACH:
Mayor (date) Chief of Police, Ed Stepnowski (date)
(date) (date)
TOWN OF SOUTH PALM BEACH:
Mayor (date) Chief of Police, Roger Crane (date)
(date) (date)
VILLAGE OF TEQUESTA:
Ir L" ~A`-(. ~/~`!~1''~ ~ ~ `J (•~4.g l ~~ ~'y /ivy 'G~ G~ ~'
Mayor (date) Chief of Police, m McCollom (date)
/ c,.,~
~,1~0 _ ~G.~ 1 ~
~~~' f~
(date) (date)
CITY OF WEST PALM BEACH:
Mayor (date) Chief of Police, Delsa Bush (date)
(date) (date)
ii ~EOUESJ,9
~~
AOLICF,
DEPT ,
,\ ~
William McCollom
C12ief of Police
September 11, 2006
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 ?000
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~ i. ~1~~~~~'
William E'`~VlcCollom
Chief of Police
TEQLJESTA POLICE I~EPAIdTME~1T
joN~s
FOSTER
JOHNSTON
St STCJBBS, P.A.
Attorneys and Counselors
Fl~t~~ler Centel' 7uwer. Suite I I Ot)
SQS South Flatter Drive
West Palm Beach, Florida .33-101
Tclcphone f5(il) 659-30OU
Scott G. Hawkins, Esquire
Board Certified in Business Litigation Law by the Fiorida Bar
Direct Diai: 561-650-Q460
Direct Fax: 561-650-0436
E-Mail: shawkins@jones-faster.com
September 27, 2006
VIA E-MAIUPDF
William E. McCollom
Chief of Police
Tequesta Police Department
357 Tequesta Drive
Tequesta, FL 33469-0273
A~lrrilbrq AdrMc r ~
Post Office Boy 3-175
West Palm Beach. Florida 3~~1{)Z-3d7S
Re: Multi-Agency Violent Crimes Task Force Memorandum of Understanding
Dear Chief McCollam:
Per our recent 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 Force, I
approve of the memorandum 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.
1~ ,/
~~~
By ~ --
Scott G. Hawkins, Esquire
SGH:mIk
cc: Mike Couzzo, Esq.
P:1000S11 3 1 5310 0 00 11LTR110P4380 DOC
7UIUIU.~OrICS fOSfC)',C011t