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HomeMy WebLinkAboutExhibitSOUTHEAST FLORIDA PUBLIC INTEGRITY TASK FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WHEREAS, the below subscribed law enforcement agencies have joined together in a task force (hereinafter referred to as the "Public Integrity Task Force" or 'Task Force') in furtherance of their respective duties under law with the intent to combat public corruption activity, official misconduct, and related criminal violations and to disrupt persons and organizations engaged in such activity; and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida Statutes, "the Florida Mutual Aid Act," to enter into a voluntary cooperation agreement for cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines; WHEREAS, the undersigned agencies acknowledge that they can make more efficient use of their respective powers and resources and thereby provide a higher quality of law enforcement services to the public through the coordination of members of the undersigned agencies in the Public Integrity Task Force; NOW THEREFORE, the Parties agree as follows: The Florida Department of Law Enforcement (FDLE) and each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement, at the request of the Florida Department of Law Enforcement, to implement the Public Integrity Task Force for the purposes and goals indicated. Additional parties may, at the request of a participating member, and with the approval of FDLE enter into this Agreement at a later date as evidenced by their signing of this Agreement. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to the Florida Department of Law Enforcement. The Task Force may cooperate with other agencies, including federal agencies, although such agencies may not be parties to this agreement. Intent Statement, Task Force Goals and Provisions for Voluntary Cooperation: It is the intention of the Florida Department of Law Enforcement to establish this multi - agency Task Force as a mechanism by which area law enforcement agencies can dedicate resources into a centralized unit for the purpose of targeting individuals that are believed to be violating state and federal laws related to public corruption, official misconduct, and other related crimes. The Task Force will place emphasis on targeting such violators who commit criminal acts in multiple jurisdictions, or whose singular criminal episode involves investigative activity in multiple jurisdictions. Task Force efforts shall include, but are not limited to, activities of public corruption by individuals or groups elected or appointed for the purpose of self -enrichment or in violation of the public trust, under state or federal law; the arrest and prosecution of those involved; the seizure of contraband, and fruits of crimes; the forfeiture of assets from those engaged in such activity; and the referral of investigative leads and intelligence to such other federal, state or local law enforcement authorizes as my be required and appropriate under Task Force operations. While the seizure and civil forfeiture of assets is an effective tool in combating organized criminal activity, the seizure and forfeiture of assets shall not take priority over the primary function of the Task Force, which shall be to enforce criminal law violations. Nothing herein shall otherwise limit the ability of participating Task Force members to provide, as provided by or allowed by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration. The Parties to this Agreement are contributing personnel and resources in support of the Task Force efforts, with the operations of the Task Force being coordinated with FDLE and other Task Force members. Procedure for Requesting Assistance Law enforcement officers assigned to Task Force operations pursuant to this agreement shall be empowered to render enforcement assistance and take enforcement action in accordance with the law and the terms of this Agreement. Execution of this agreement and continued participation by FDLE and one or more Task Force member agencies shall constitute a general reciprocal, continuing request for and granting of assistance between the members of the task force which shall be considered authorized in accordance with the provisions of this Agreement. No additional or specific formal request for assistance is required. Organization, Command and Supervisory Responsibility: Each participating agency shall contribute personnel and resources to the Public Integrity Task Force in such numbers as are agreed to by the participating agency and FDLE. Participating agencies shall assign personnel to the Public Integrity Task Force based upon their investigative experience and the operational needs of the Task Force. Final acceptance of personnel assigned to the Task Force shall rest with FDLE. The assigned managing FDLE supervisor shall be responsible for the operational command and day-to-day administration of all Task Force operations and personnel, and shall have the authority to make routine assignments and determine case priority, as needed. During the absence of the managing FDLE supervisor, or as deemed necessary by the managing FDLE supervisor, any member assigned to the Task Force may be designated as an interim team leader to manage operational Task Force matters. 2 Activities shall be considered authorized only when approved and actually directed as provided herein by the assigned FDLE supervisor or designee. No extension of jurisdiction or authority is granted by this Agreement for law enforcement activities unless approved and supervised as provided herein and related to Task Force operations or have been encountered directly incident to an approved and supervised Task Force operation. If a conflict arises between an order or direction provided by the assigned FDLE Task Force supervisor and a member's employing agency's rules, standards, or policies, the conflict shall be promptly reported to the FDLE Task Force supervisor and to the supervisor that Task Force member's agency chain of command. The FDLE Task Force supervisor, in conjunction with the Task Force member's agency supervisor, shall attempt to resolve the conflict in a manner that will allow the Task Force operation to continue appropriately. At no time will a participating Task Force member be forced to violate his/her own agency's policies or rules in order to implement a Task Force initiative. FDLE will provide the Public Integrity Task Force members with identification credentials. The Parties agree that such credentials shall be utilized to identify appointed Task Force members while engaged in approved Task Force operations as contemplated by this Agreement and that Task force credentials cannot be used for any purpose other than approved task force operations. The Parties acknowledge that improper use of credentials may result in revocation of credentials, and removal of a Task Force member. Task force credentials must be surrendered upon the member's termination from the Task Force, or upon request of a managing FDLE Task Force supervisor. The Parties agree that upon the dissolution of this Task Force, credentials must be returned given to FDLE, provided that a Task Force member may make a request to FDLE to keep the credentials as a memento. The Parties to this Agreement may, by a written memorandum of understanding or written attachments to this Agreement, identify or further define particular guidelines, policies, or procedures to be utilized by members of the Task Force when engaged in Task Force operations. In the absence of a written memorandum of understanding or attachments, the policies and procedures to be utilized by Task Force members shall be clearly identified by the assigned FDLE Task Force supervisor. However, as stated above, no Task Force member will be expected or required to violate or otherwise fail to maintain the member's employing agency's standards of conduct, rules or policies. Jurisdiction: The principal site of the Southeast Florida Public Integrity Task Force's activity is the geographical boundaries of Palm Beach, Broward, Miami -Dade, and Monroe counties, provided however, that Task Force members shall enjoy full jurisdictional authority anywhere within the State of Florida, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement when engaged in Task Force operations that have been approved by, and involve the Florida Department of Law Enforcement as are contemplated by this Agreement. Task Force members operating outside the jurisdiction of their respective agencies shall not enjoy extra -jurisdictional authority as law enforcement officers unless engaged in approved Task Force activities as stated herein. The Parties to this Agreement acknowledge that any extension of jurisdictional authority beyond the bounds of their employing Agency is by reason of this Agreement and the overall supervision and authority of the Florida Department of Law Enforcement as provided by the "Florida Mutual Aid Act." Pursuant to Section 23.127(1), Florida Statutes, designated employees of the undersigned Agencies participating in the Task Force shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same powers, duties, rights, privileges and immunities as if the employees were performing duties inside the jurisdiction in which the employee is normally employed. Powers, Privileges, Immunities, Costs and Liability -Related Issues: Employees of the participating agencies, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside this state, 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. An agency that furnishes equipment pursuant to this agreement must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. Each member agency engaging in the Task Force initiatives pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employee while such employees are engaged in Task Force activities/initiatives, and shall remain responsible for the compensation, retirement, workers compensation and other benefits accruing to the benefit of said participating employees, as further discussed below. Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, and resources in order to effect the purposes of the Task Force, and agrees to bear the cost of loss or damage to its equipment, vehicles or property so provided. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources, or personnel expenses incurred by reason of death, injury or incidents giving rise to liability. Each Agency furnishing services pursuant to this Agreement shall compensate its employees during the time such services are rendered and shall defray the actual expenses of its employees while they are rendering such services, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such services. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary (including overtime compensation or compensatory time), 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 shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary employees, to the extent otherwise authorized by law and allowed by the originating agency's policy and command. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse 4 the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. 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 other. Complaints Against Task Force Members Whenever a complaint has been lodged as a result of Task Force efforts, an FDLE designee shall ascertain at a minimum: The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted; The nature of the complaint any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about; and The identity(ies) of the Task Force participant(s) accused and the employing agency(ies) of the participant(s) accused. FDLE will promptly provide to each affected employing agency the above information for administrative review and appropriate handling or disposition. Each affected employing agency shall, upon completion of said review, notify FDLE of its findings and any actions taken. Obligation to Coordinate With Prosecutor's Office The principal goal of this Task Force is the protection of Florida's public safety and security, and the successful prosecution of criminal violators. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the Task Force are obligated to coordinate their efforts in such a way as to support the efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors for information or assistance in handling Task Force generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or administrative actions derived from Task Force operations are likewise to receive coordinated support efforts from Task Force members. The Task Force supervisor shall monitor the efforts of Task Force members in support of criminal prosecutions and civil actions. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the Task Force to assure the expected level of support from Task Force members is occurring. Failure by a member of the Task Force to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal from the Task Force. Property Seizure and Forfeiture Considerations: No funds or other property seized during Task Force operations are to be utilized by any member agency prior to successful forfeiture or until the title or interest in the funds otherwise lawfully vests in one or more member agencies. Forfeiture actions based upon seizures made by the Task Force shall be based upon current statutory and case 5 law. The Parties agree that the FDLE, through its attorneys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions on behalf of all of the Parties in state court, subject to its right to reimbursement of associated costs; however, this provision shall not preclude the use of other forfeiture attorneys or personnel as needed on particular matters. Distribution of the proceeds from successful forfeiture actions shall be equitable among the Parties to this Agreement and shall take into account their relative roles in support of the efforts of the Task Force, unless an alternate distribution allocation among the Parties has been agreed upon. Any Party to this Agreement or any prosecutor handling the criminal prosecution of Task Force cases may request copies of forfeiture complaints and pleadings filed by reason of Task Force seizures, and such copies shall be promptly provided to the requester. If any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of Task Force member agencies in seized cash or property is raised by any of the Parties to this Agreement, an attempt to resolve the issue through informal discussion and contact shall be made. In the event any Party to this Agreement believes that there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and the concerns cannot be resolved, no forfeiture action on behalf of the Task Force is to be filed. All options available to state and local law enforcement agencies with regard to unclaimed evidence or abandoned property, gifts and plea agreements are available to the Task Force, provided the property under consideration otherwise qualifies under law for such consideration. Forfeiture actions shall be further governed by the terms and conditions described in be further governed by terms and conditions described in Section 932.704(11)(a), Florida Statutes. Evidence and Records: The Parties agree that all Task Force reports and records shall be maintained and retained by FDLE, and shall be identified as Task Force reports. Evidence shall be seized in substantial conformance with FDLE evidence policy and all evidence seized in Task Force operations shall be maintained by FDLE. FDLE shall be entitled to conduct audits and inspections of Task Force operations and records including the seizure and handling of all evidence, property, or cash or any other aspect of Task Force operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities necessary to perform the audit function. 6 Term of Agreement: This Agreement shall become effective as to the executing Parties upon execution by the Commissioner of the Florida Department of Law Enforcement and at least one other participating agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party as the date of such execution. This Agreement shall remain in full force as to all participating Parties until December 31 2019, unless canceled in writing by the Commissioner of the Florida Department of Law Enforcement, or as canceled in writing by an individual Party as provided herein. This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the same force and effect as the original. Execution of this Agreement may be signified by properly signing a separate signature page, the original of which shall be returned to, and maintained by, the Florida Department of Law Enforcement. Under no circumstances may this agreement be renewed, amended, or extended except in writing. IN WITNESS WHEREOF, the authorized representatives of the Parties hereto sign on the date specified. 7 Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to Combat Racketeering Activity, Theft, and other Related Crimes. Pursuant to Section 23.1225(3), F.S., this agreement may be entered into by a chief executive officer of the agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at FDLE along with this signature page. *******,-**************,******************************************************** For the Florida Department of Law Enforcement (FDLE): Richard L. Swearingen, Commissioner Executive Director, Florida Department of Law Enforcement Date 8 Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement to Combat Public Corruption, Official Misconduct, and other Related Crimes. Pursuant to 23.1225(3), Florida Statutes, this agreement may be entered into by a chief executive officer of the Agency who is authorized to contractually bind the agency. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at the Florida Department of Law Enforcement along with this signature page. For the City of Miami Police Department : (Agency) (Signature) (Printed Name) (Title) (Date) Florida Department of Law Enforcement (FDLE) South Florida Public Integrity Task Force Voluntary Cooperation Mutual Aid Agreement CITY OF MIAMI, a Florida Municipal Corporation By: Date: Daniel J. Alfonso, City Manager Attest: By: Date: Todd B. Hannon, City Clerk Approved as to Form and Correctness: By: Date: Victoria Mendez, City Attorney Approved as to Insurance Requirements: By: Date: Ann -Marie Sharpe, Director of Risk Management