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HomeMy WebLinkAboutR-99-0535J-99-618 7/9/99 RESOLUTION NO. 9 9 535 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN MIAMI-DADE COUNTY PUBLIC SCHOOLS, LOCAL POLICE AGENCIES, CLERK OF COURT, THE MIAMI-DADE COUNTY CIRCUIT COURT JUVENILE DIVISION, THE STATE ATTORNEY OF THE ELEVENTH JUDICIAL CIRCUIT, AND THE DEPARTMENT OF JUVENILE JUSTICE, DISTRICT 11, FOR THE PURPOSE OF COORDINATING EFFORTS AMONG AGENCIES TO ACHIEVE MAXIMUM PUBLIC SAFETY WITH THE GOAL OF REDUCING JUVENILE CRIME. WHEREAS, pursuant to Chapter 985.06, Florida Statutes, the Department of Police, Miami -Dade County Public Schools, Clerk of Court, the Dade County Circuit Court Juvenile Division, the State Attorney of the Eleventh Judicial Circuit and the Department of Juvenile Justice, District 11, desire to enter into an Interagency Agreement to coordinate efforts among agencies to maximize public safety with the goal of reducing juvenile crime; and WHEREAS, the Interagency Agreement allows for participation in ,a consolidated case management system, the re-entry into the school system by children returning from a detention or commitment program and other information sharing activities to assess and develop plans for at -risk youth and those involved in Ii 'Aw'ff DEELTMIG oil q. JUL 2 7 1999 aesoi M. 99- 535 0 the juvenile justice system; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized!' to execute an Interagency Agreement, in .a form acceptable to the City Attorney, between the Miami -Dade County Public Schools, Local Police Agencies, Clerk of Court, the Miami -Dade County Circuit Court Juvenile Division, the State Attorney of the Eleventh Judicial Circuit,. and the Department of Juvenile Justice, District 11, for the purpose of coordinating efforts among agencies to maximize public safety with the goal of reducing juvenile crime; and Section 3. This Resolution shall become effective �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 2 - 99- 535 immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED this day of JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY W3610:RCL 1999. zi If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 3 - 99- 535 immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 27th day of July , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate aaorDw.-4 of this legislation by signing it in becomes effective with the elapse regarding same, without the May ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED RAND CORRECTNESS: RNEY 10:RCL , %..aty %olvi n zi If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 3 - 99- 535 INTERAGENCY AGREEMENT BETWEEN THE DADE COUNTY PUBLIC SCHOOLS, LOCAL POLICE AGENCIES, CLERK OF COURT, THE DADE COUNTY CIRCUIT COURT JUVENILE DIVISION, THE STATE ATTORNEY OF THE 111' JUDICIAL CIRCUIT, AND THE DEPARMENT OF JUVENILE JUSTICE, DISTRICT 11. This Agreement shall be made between the Dade County Public Schools, the law enforcement agencies listed below, the Courts, the State Attorney and the Department of Juvenile Justice, District 11, and its agents. It shall be effective on the date of completed execution by all parties involved. WITNESSETH: WHEREAS, the parties desire to enter into this Agreement for sharing information on students involved with the justice system. WHEREAS, all parties are committed to providing appropriate programs and services to prevent children from becoming at risk and to intervene with children already involved in the juvenile justice system; and WHEREAS, The parties to this agreement desire a maximum degree of long range cooperation and administrative planning in order to provide for the safety and security of the community and its children; and WHEREAS, all parties are committed to improving services to children, in the juvenile justice system through sharing information, eliminating duplication of services, and coordinating efforts; and WHEREAS, all parties mutually agree that sharing resources, where feasible, and in particular, training efforts, may result in improved coordination; and WHEREAS, it is the understanding by all parties that certain role in serving children and youth are required by law, and that these laws shall serve as the foundation for defining the role and responsibility of each participating agency; and WHEREAS, all parties mutually agree that all obligations stated or implied in this agreement shall be interpreted in light of and consistent with, governing state and federal laws; and WHEREAS, all Agreement is entered into pursuant to authorization contained in Chapter 94-209, ss33, Laws of Florida. NOW, THEREFORE in consideration of the following agreements, the parties do hereby covenant and agree as follows: 99- 535 EACH OF THE PARTIES AGREES TO: 1. Promote a coordinated efforts among agencies and staff to achieve maximum public safety with the goal of reducing juvenile crime. 2. Participate in interagency planning meetings, as appropriate. 3. Assign staff, as appropriate, to participate in a consolidated case management system, re- entry into the school system by children returning from a detention or commitment program, and other information sharing activities to assess and develop plans for at -risk -youth and those involved in the juvenile justice system. 4. Jointly plan, and/or provide information and access to training opportunities, when feasible. 5. Develop internal policies and cooperative procedures, as needed, to implement this agreement to the maximum extent possible. 6. Comply with s. 943.0525, 943.054119,041, F.S.; 45 CFR part 205.50 and 42 CFR, Chapter 1, and other applicable rules and procedures. which relate to records use, security, dissemination, and retention/destruction and maintain confidentially of information that is not otherwise exempt from s. 119.07 (1), F. S., as provided by law. DEPARTMENT OF JUVENILE JUSTICE, DISTRICT 11 AGREES TO: Notify appropriate Police Chief and the Superintendent of Schools, or designees, immediately upon learning of the move or other relocation of juvenile offender into, out of, or within Dade County, who has been adjudicated or adjudication withheld for a violent misdemeanor or violent felony. Chapter 985.08(6)(2)(b), F. S. 2. Share dispositional, placement and case management information with law enforcement and school district for the purpose of assessment, placement and improvement of supervision of juveniles referred to the Department of Juvenile Justice. Chapter 985.04(3), F. S. Provide notice to the Superintendent of the Schools, or his designee, immediately upon the initiation of planning efforts with private nonprofit entities, including the Department of Juvenile Justice, which could result in the location, relocation or expansion of youth services program which may have and impact in the school district. 4. Develop, in cooperation with Dade County Public Schools, various law enforcement agencies, and local service providers a written interagency plan to determine the procedures to take when a child is identified as being truant from school. 5. Provide technical assistance and resource personnel, as provided through contracts and other agreements. 99- 535 • 6. Serve as an active participant on the Dade County Juvenile Justice Council. Chapter 985.414(b)(5), F.S. DADE COUNTY CIRCUIT COURT, JUVENILE DIVISION AND DADE COUNTY CLERK OF THE COURT AGREES TO: Notify the Superintendent, or designee, of the name and address of any student found to have committed a delinquency act or who has had adjudication withheld. Notification shall be within 48 hours and shall include the specific felony for which the student was found guilty. (s. 230.335 (1) (b), F.S.) 2. Identify sanctions for youth who are in contempt of court, due to a violation of a court Order, related to school attendance. Chapter 985.216, F.S. Upon request by a school district, share dispositional information with the Superintendent or his designee regarding juvenile who are students within the Dade County educational system for the purpose of assessment, placement and the security of human beings and and property. 4. Serve as an active participant on the Dade County Juvenile Justice Council. Chapter - 985.414(b)(5), F.S. DADE COUNTY PUBLIC SCHOOLS AGREE TO: Notify, within 24 hours, the child's school principal; of a juvenile arrested for crimes of violence or violation of law, which would be a felony. The principal or designee, within 24 hours of such notice, shall provide such information to student services personnel, school resource officers, the student assistance coordinator if applicable, and the student's immediate teachers. Chapter 985.04(3), F.S.; Chapter 985.207(1)(b), F.S.; Rule 6 AER94-3, FAC) 2. Designate the contact person to be responsible for receiving juvenile arrest information and inform all parties as to the Superintendent's designee. 3. Request juvenile criminal history information only for the purpose of assessment, placement or security of persons and property. Chapter 985.04(3), F.S. 4. Identify those persons designated by the Superintendent, as authorized to receive confidential criminal history information and inform law enforcement representative of those individuals. Chapter 985.04(3), F. S. Ensure that the information obtained through the criminal history database and disseminated only to appropriate school personnel, carries the appropriate warning, regarding the reliability of information, confidentiality and control of further dissemination. 99- 535 6. Share information on student achievement, behavioral and attendance history, on juvenile Offenders, juveniles at risk of becoming offenders for the purpose of assessment and treatment with parties to this agreement, in accordance with state law applicable to to student record. Chapter 985.305(1), F.S.; Chapter 985.315, F.S. 7. Assign staff and provide youth service education programs, where jointly determined to be required by the Superintendent of Schools, or designee, and the Department of Juvenile Justice, District 11. 8. Develop, in cooperation with Dade County Public Schools, law enforcement and appropriate local service providers, a written interagency plan to determine procedures that should be taken when a child is identified as being truant from school. 9. Notify the law enforcement agency having jurisdiction when an adult or student commits any of the following offenses in school sponsored transportation, or at school sponsored activities: Homicide; Sexual Battery; Armed Robbery; Aggravated Battery; Battery on a teacher or other school personnel; Kidnapping or Abduction; Arson: Possession, use or sale of any device; as specified in State Board Rule. Additionally, if the offense involves a minor, school officials shall notify the victim's parents or legal guardian, of the offense and the victim's right to press charges against the offender. School personnel shall cooperate in any investigation or other proceedings leading to the victim's exercise -of rights as provided by law (Rule 6AER 94-3, F.A.C.) 10. Notify the law enforcement agency having jurisdiction when an adult or a student commits an offense, though not listed above, the nature of which is such as to compromise school or community safety, not necessarily criminal. These offenses include sale, use or possession of a controlled substance, and grand theft. 11. Enter into agreements for contracted youth service educational programs with private nonprofit providers or state or local government agencies contracted through the Department of Juvenile Justice, District 11, to an extent determined feasible by the Superintendent of Schools. (s.230.2316, F.S.) 12. Serve as an active participant on the Dade County Juvenile Justice Council. Chapter 985.414(b)(5), F.S. LAW ENFORCEMENT AGENCIES: Immediately provide notification to the Superintendent of Schools, or his designee, of juveniles within the Dade County educational jurisdiction arrested for crimes of violence or violations of law, which would be a felony, if committed by an adult. Chapter 985.04(3), F. S. Chapter .985.207(1)(b), F. S. 2. Arrest information provided should be of significant detail so that the receiving schools can make appropriate determination as to necessary actions. An arrest report form, or other detailed account of the incident is appropriate. 99- 535 3. Provide summary of criminal history information, in the State of Florida to the superintendent or his designee (s), upon request regarding juveniles who are students enrolled in or about to be enrolled in the Dade County educational system when necessary for assessment or placement. You will establish and forward to school districts, procedures for receiving and processing such requests. Chapter 985.04(3), F.S. 4. Ensure that information disseminated carries an appropriate warning, regarding the reliability, confidentiality and control of further dissemination. (F.D.L.E. CJIS/User Agreement) 5. Provide technical assistance, educational support services and resource officers, as establish by contracts and other agreements. 6. Develop policies and procedures that will reflect that the law enforcement agency shall cause, the appropriate school based administrator to be notified in a timely manner of incidents or arrests involving students where there is possibility of on -going violence, victimization, or school disruption, at the school site. 7. Develop, in cooperation with Department of Juvenile Justice, District 11; Dade County Schools local service providers; and other law enforcement agencies a written interagency plan to determine procedures that should be taken when a child is identified as being truant from school. 8. Provide information to the School Superintendent or designee about students who meet the statutory definition under s. 87.03(2), F.S., as criminal street gang member. 9. Notify the Superintendent of Schools within 48 hours of the name and -address of any employee of the school district who is charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. Notification to the Superintendent -shall include the specific charges for which.the employee was arrested. (s.230.355(1)(a), F.S.) 10. Serve as an active participant on the Dade County Juvenile Justice Council. Chapter 985.414(b)(5), F.S. STATE ATTORNEY OF THE 111' JUDICIAL CIRCUIT AGREES TO:. 1. Notify the Superintendent of Schools when a child is formally charged with a felony, or with a delinquency act which would be felony if committed by an adult, in a timely manner. 2. Serve as an active participant on the Dade County Juvenile Council. Chapter 985.4(1)(b)(5), F.S. 99- 535 DEPARTMENT OF CHILDREN AND FAMILIES 1. Work cooperatively with all participating in the Agreement, to provide the most appropriate services to all children. 2. Share information, as appropriate, to expedite proper placement of children. 3. Participate in the Dade County Juvenile Council. Chapter 985.414(b)(5), F.S. TERM OF AGREEMENT: This agreement shall be in effect as of the date of execution by all parties involved and shall continue in effect until the need of a new negotiation arises. All parties have signed the Agreement with the intent and conditions contained herein. AGENCY REPRESENTATIVES: The signatories of this agreement or their designees will develop procedures for meetings as well, meet at least annually to review the agreement and if necessary, recommend any changes. INTERAGENCY DISPUTES: Disputes which arise from the implementation of this agreement shall be resolved by direct discussion between parties, or in the event that a resolution cannot be reached, a majority vote of the parties to this agreement (1) Staff from the grieving agency shall provide to other parties of the agreement written communication which identifies the conflict, proposed action, and a summary of factual legal and policy grounds. (2) A written response, which includes proposed solution to the conflict, shall be provided by staff from the receiving agency within 45 days of receipt of the notice conflict. (3) Upon resolution of the conflict, a joint communication, will be developed and disseminated by a representative from each agency. (4) Should further action be required, a report from both agencies will be submitted to the agency heads for resolution. 99- 535 • • Should the proceeding steps not resolve the conflict, the parties may waive formal administrative proceedings and adopt a method of alternative dispute resolution by mutual consent. As a last resort only, agency heads may request an administrative hearing as authorized in Section 120.57(1)(2), F.S. MODIFICATION OF AGREEMENT: Modification of this agreement shall be made only by the consent of all parties. Such consent shall be made with the same formalities as were followed to complete this agreement, and shall include written documentation setting forth the modifications, signed by all parties. OTHER INTERAGENCY AGREEMENTS: All parties to this agreement acknowledge that this agreement does not preclude or preempt each of the agencies individually entering into an agreement with one or more parties to this agreement or other parties outside of this agreement. Such agreement shall not nullify the force and effect of this agreement. 99- 535 SIGNATURES OF PARTIES TO THIS AGREEMENT: Carlos Alvarez, Director, Date Miami -Dade Police Department James Skinner, Chief, Date Coral Gables Police Department Rolando Bolanos, Chief, Date Hialeah Police Department William Berger, Chief, Date North Miami Police Department Richard Barreto, Chief, Date Miami Beach Police Department Katherine Fernandez -Rundle, Date State Attorney, Miami -Dade County Sarah Herald, Date District Administrator, Department of Children & Families William E. O'Brien, Chief, Date Miami Police Department Marc Elias, Chief, Date Florida City Police Department Alexander Rolle, Chief, Date Homestead Police Department Harold Joy, Chief, Date Hialeah Gardens Police Department Roger Cuevas, School Date Superintendent, Miami -Dade County Cindy Lederman, Date Honorable Judge, Circuit Court, Juvenile Justice Division Ron E. Williams, Date Sr. Juvenile Justice Manager, District XI 99- 535 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=21 The Honorable Mayor and Members of the City Commission ty Manager RECOMMENDATION DATE: FILE Proposed Resolution SUBJECT: Juvenile Justice Interagency REFERENCES: Agreement ENCLOSURES: It is respectfully recommended that the City Commission adopt the enclosed Resolution authorizing the City Manager to execute an Interagency Agreement between the City of Miami, Dade County Public Schools, Local Police agencies, Clerk of the Court, Juvenile Division of Dade County Circuit Court, State Attorney of the I I' Judicial Circuit, and the Department of Juvenile Justice. The purpose of this agreement is to share information on students involved with the justice system. BACKGROUND The Juvenile Justice Interagency Agreement promotes coordinated efforts among agencies and staff to achieve maximum public safety with the goal of reducing juvenile crime. The participants attend interagency planning meetings, jointly plan and/or provide information and access to training opportunities, develop internal policies and cooperative procedures. The parties also agree to assign staff, as appropriate, to participate in a consolidated case management system, re-entry into the school system by children returning from a detention or commitment program, and other information sharing activities to assess and develop plans for at - risk -youth and those involved in the juvenile justice system. %*Sro DHW:WEO:ll 99- 535 STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE February 25, 1999 William O'brien, Chief City of Miami Police Department 400 NW 2nd Avenue Miami, Florida 33128 Dear Chief O'brien: MAY 2 51�i99 LEGAL M1AM1_ P� E The Department of Juvenile Justice is in the process of updating all interagency agreements with its stakeholders. As part of the requirements to comply with Chapter 985.06, Florida Statute, the attached agreement will need to be executed between Dade County Public Schools, Local Police agencies, Clerk of the Court, Juvenile Division of Dade County Circuit Court, State Attorney of the 1 Vh Judicial Circuit, and the Department of Juvenile Justice. Please review and sign as agency director/designee, on the last page of the document, in the space I have provided for your agency. The executed document should be returned to Ernesto Castillejo, Department of Juvenile Justice District 11, at the address shown below. All agency directors will get a copy of the interagency agreement after all parties have executed it. Thank you in advance for your assistance. Should you have questions, please call Mr. Castillejo at (305) 637-4710. Sincerely, I Ron E. Wi iams Senior Juvenile Justice Manager 3300 NORTHWEST 27`" AVENUE, SUITE 1116, MIAM1, FLORIDA 33142 JEB BUSH, GOVERNOR W.G. "BILL" BANKHEAD, SECRETARY