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HomeMy WebLinkAboutExhibit - MOUMEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the City of Miami, Florida, (City), by and through its police department, the City of Miami Police Department (MPD) and the Office Of The State Attorney for the Eleventh Judicial Circuit of Florida (SAO) and the Florida Department of Law Enforcement (FDLE), in furtherance of their respective duties under law for the purpose of facilitating investigations of incidents as described hereafter. The City, the SAO and FDLE agree as follows: 1. The occurrence of any of the following predicate events will initiate investigative and forensic involvement, assistance or coordination by FDLE: a. The shooting of a person by a MPD law enforcement officer acting in the line of duty; or b. The death of an arrestee while in the care, custody or control of a MPD law enforcement officer, the death of an arrestee shortly after being in the care, custody or control of a MPD law enforcement officer or the death of an intended arrestee during an arrest attempt by a MPD law enforcement officer. 2. Upon the occurrence of any of the enumerated predicate events, the ranking MPD member on the scene will ensure that emergency medical services are provided to injured persons and that a secure crime scene perimeter is established with restricted access. Only emergency medical personnel, crime scene technicians, medical examiner personnel, State Attorney personnel, investigating FDLE members and other law enforcement investigators assisting FDLE will be permitted inside the crime scene perimeter. The ranking MPD representative will then ensure that the FDLE regional operations center is promptly contacted and requested to dispatch the FDLE Critical Incident Team to initiate an investigation, notify the SAO Police Shooting Team and to coordinate crime laboratory services at the scene. In the event that FDLE is unable to respond in a timely manner, and due to exigent circumstances, i.e. a hostile environment, the decedent may be relocated to the medical examiner's office, after consultation with the lead FDLE investigator. 3. Pending arrival of the FDLE Critical Incident Team, the ranking MPD member will ensure that the scene remains secured, that physical evidence and documentation is protected and preserved and that all law enforcement and citizen witnesses are identified and separated pending initial interview. If feasible, the ranking MPD member will ensure that arrested persons at the scene are detained pending the arrival of the FDLE Critical Incident Team. The MPD will conduct the investigation related to any underlying criminal activity that preceded or occurred at the same time as the predicate events outlined in paragraph 1 above, when applicable. The ranking MPD member will also provide any assistance requested by FDLE during and after the on -scene investigation has been concluded, such as additional collection of evidence from suspects, vehicles, or involved law enforcement personnel, as well as the securing of 6-.e:-P I Li other evidence such as radio communications tapes. The ranking MPD member will also coordinate with local law enforcement in any necessary crowd control efforts. 4. Upon receipt of notification from the MPD that any of the enumerated predicate events have occurred, the appropriate FDLE Special Agent in Charge or designee will immediately implement an investigation pursuant to FDLE Procedures governing FDLE investigations of Non-FDLE Officer Involved Shootings and in -Custody Death Incidents, which are incorporated herein by reference. FDLE, in conjunction with MPD, will promptly coordinate the dispatch of the Critical incident Team together with the appropriate crime scene personnel, medical examiner personnel, State Attorney personnel and any additional law enforcement personnel which are required. FDLE will be the lead agency, in consultation with the State Attorney's Office, responsible for conducting all interviews and sworn statements of witnesses and subject officers. 5. FDLE will assume operational direction of investigations and forensic assistance or coordination initiated pursuant to this Memorandum of Understanding. FDLE may request the assistance of MPD personnel or personnel from other law enforcement agencies. 6. The MPD will retain overall direction and responsibility for any internal or administrative investigations initiated in response to the occurrence of any of the enumerated predicate events. However, the parties agree that the criminal investigative efforts take precedence over any internal or administrative investigations conducted by the MPD. No documentation, whether internal report or statement authored or obtained by MPD personnel involved in the subject incident that has been provided to the MPD under order or policy, shall be provided, or its contents revealed, to the criminal investigative team or the prosecutor until such time as the criminal investigative team and the FDLE Office of General Counsel agree that the criminal investigation will not be adversely impacted by any potential for immunity that may attach to any such statement. The criminal investigative team and the FDLE Office of General Counsel may consult with the prosecutor to determine whether such statement may adversely impact any subsequent criminal prosecution. However, the criminal investigative team and the FDLE Office of General Counsel will make the final determination regarding use of such statements in FDLE's investigation. To help assure that the criminal investigation is not impeded or negatively affected by internal or administrative investigative efforts, the MPD's internal or administrative investigation shall be initiated only after the criminal investigative efforts have been concluded or when otherwise specifically authorized by the FDLE's investigative team. 7. The parties agree that the MPD may issue initial press statements acknowledging an incident, reporting the status of the law enforcement officer(s) involved in the incident, and referral to the investigative process. At the appropriate stage(s) of an investigation initiated under this Memorandum of Understanding, FDLE will forward copies of all investigative reports and investigative summaries to the State Attorney having jurisdiction over the case and to the MPD for review. Transmittal of reports and summaries will be done so as to preserve any applicable exemptions from public disclosure and to maintain any confidentiality of information that may apply. Any press release related to investigative activities and responses to public records requests shall be coordinated jointly by the involved agencies to assure that disclosure, if any, is appropriate and timely. The parties agree that best efforts will be made to coordinate said releases jointly. 8. FDLE will submit all final reports to the State Attorney for review. FDLE will report the material factual findings of the investigation but will offer no recommendations or reach legal conclusions concerning whether the force used, if any, was justified. 9. This Memorandum of Understanding represents the entire agreement between the parties on this subject matter. Any alteration or amendment of the provisions of this agreement shall be in writing, duly signed by authorized personnel of each of the parties and attached to the original of this agreement. 10. This agreement shall become effective on the date executed by the final signatory below. Any party may terminate this agreement by providing the others with thirty (30) days advance notice in writing or by mutual agreement of the parties. 11. This Memorandum of Understanding does not supersede or replace any existing Memorandum of Understanding between the City of Miami, by and through its police department, MPD, and Federal Law Enforcement Agencies or municipal police departments as it relates to Police Use of Deadly Force Investigations. For FDLE: For the Office of the State Attorney: Gerald M. Bailey, Commissioner Florida Department of Law Enforcement Date: For the City: Daniel J. Alfonso City Manager Date: Katherine Fernandez Rundle State Attorney Eleventh Judicial Circuit of Florida Date: Todd B. Hannon City Clerk Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management