HomeMy WebLinkAboutExhibitMUTUAL AID AGREEMENT
SOUTH FLORIDA CRIMINAL APPREHENSION TEAM
WITNESSETH
WHEREAS, the Participating Law Enforcement Agencies shall form the South
Florida Criminal Apprehension Team (SFCAT) and 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 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 Participating Law Enforcement Agencies have the authority
under section 23.12, Florida Statutes et. seq., the Florida Mutual Aid Act, to enter
into a combined mutual aid agreement for law enforcement services which permits
voluntary cooperation across jurisdictional lines and establishing joint operations to
combat law enforcement problems; and
WHEREAS, the Participating Law Enforcement Agencies have identified a need
to establish a multi -agency organization to address organized retail crime, burglary
offenses, auto theft, any felony or misdemeanor approved by the SFCAT and related
criminal activity occurring in South Florida.
NOW, THEREFORE, BE IT KNOWN that the undersigned parties, in consideration for
mutual promises to render mutual aid, hereby agree as follows:
SECTION 1: PROVISIONS FOR VOLUNTARY COOPERATION
1.1. The Participating Law Enforcement Agencies, set forth in Attachment 1, hereby
approve and enter into this Mutual Aid Agreement ("MAA") whereby each may render
law enforcement assistance to the other for the purposes of jointly addressing
organized retail crime, burglary offenses, auto theft, any felony or misdemeanor
approved by SFCAT and related criminal activity which may cross over into a
participating law enforcement agency's jurisdictional boundaries. In rendering law
enforcement assistance, the Participating Law Enforcement Agencies will assign law
enforcement officers as needed to the team, in a joint effort to address such criminal
activity.
1.2. In furtherance of such voluntary cooperation, each agency's officers assigned
to the SFCAT shall be authorized to provide such assistance in each other
participating agency's respective County and/or jurisdictional boundaries and are
authorized to take any and all necessary law enforcement action in the investigation,
apprehension and arrest of individuals while involved in the SFCAT operations in
furtherance of this MAA.
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SECTION 2: COMMAND AND SUPERVISOR RESPONSIBILITY
2.1 The personnel and equipment that are assigned by a Participating Agency
Head shall be under the immediate control of a supervising officer of the Participating
Agency Head and the responsibility for the conduct of the SFCAT members shall
remain with their respective participating agency heads. The day-to-day operation
and administrative control of the SFCAT will be the responsibility of PBSO.
Participating agencies can and are encouraged to provide targets in their
jurisdictions and each request will be evaluated and addressed on a priority basis by
the SFCAT.
2.2 If a member of a Participating law enforcement agency is involved in a "critical
incident" as set forth in Palm Beach County Sheriffs Office (PBSO) General Order
522.00 (Critical Incident Investigations), while rendering law enforcement assistance
in Palm Beach County as set forth in this MAA, the Participating law enforcement
agency and its member agrees to adhere to that General Order. Further, the
Participating law enforcement agency agrees that if one of their law enforcement
officers is involved in a critical incident in Palm Beach County, the "involved" or
"witness" officer will remain at the scene of the critical incident and comply with Palm
Beach County Sheriffs Office General Order 522.00.
SECTION 3: CONFLICTS
3.1 Whenever a law enforcement officer is rendering assistance pursuant to this
MAA, the law enforcement officer shall abide by and be subject to the rules and
regulations, personnel policies, general orders and standard operating procedures of
his/her own employer. If any such rule, regulation, personnel policy, general order
or standard operating procedure of the Participating Agency is contradicted,
contravened or otherwise in conflict with a direct order of a PBSO Supervisor , then
such rule, regulation, policy, general order or procedure of the Participating Agency
shall control and shall supersede the direct order.
SECTION 4: HANDLING OF COMPLAINTS
4.1 Whenever there is a cause to believe that a complaint has arisen as a result
of a cooperative effort as it may pertain to this MAA, the complaint shall be forwarded
to a PBSO Supervisor or his/her designee who shall be responsible for the
documentation of said complaint to ascertain at a minimum:
a. The identity of the Complainant
b. An address where the complaining party can be contacted
c. The specific allegation
d. The identity of the employees accused without regard as to agency affiliation
4.2 If it is determined that the accused is an employee of a Participating 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 Participating Agency for review and any action that such
agency deems appropriate.
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SECTION 5: LIABILITY
5.1 Each agency engaging in any mutual cooperation and assistance, pursuant
to this MAA, agrees to assume responsibility for the acts, omissions, or conduct of
such agency's own employees while engaged in rendering such aid pursuant to this
MAA, subject to the provisions of Section 768.28, Florida Statutes, where applicable.
Each agency further agrees to indemnify and hold harmless the other participating
agency, its agents, appointees, employees, designees and representatives from any
and all claims, demands, judgments, suits and verdicts, cause and causes of action
relating to the actions of its own officers in the performance of this MAA, subject to
the provisions of Section 768.28, Florida Statutes.
SECTION 6: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
6.1 Under the terms of this MAA, an employee of a Participating Law
Enforcement Agency, when actually engaging in mutual cooperation and assistance
outside of the jurisdictional limits of the employee's jurisdictional limits, but in such
areas as stated in this MAA, 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 he/she is normally employed.
6.2 Each Participating Law Enforcement Agency agrees to furnish necessary
personnel, equipment, resources and facilities and to render services to each other
party to the MAA as set forth above, provided however, that no party shall be
required to deplete unreasonably its own personnel, equipment, resources, facilities,
and services in furnishing such mutual aid.
6.3 A political subdivision that furnishes equipment pursuant to this MAA 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.
6.4 The Assisting Agency will pay the salary, benefits, overtime and other
compensation to its Officers assigned to the SFCAT, including any amounts paid or
due for compensation due to personal injury or death while such Officer is engaged
in rendering such assistance.
6.5 The privileges and immunities from liability, exemption from laws, ordinances
and rules, and all pension, insurance, relief, disability, worker's 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
MAA. The provisions of this section shall apply with equal effect to paid, volunteer,
and reserve employees.
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SECTION 7: FORFEITURE
7.1 The Participating Agency in whose jurisdiction property is seized will maintain
the seized property and determine whether there is a good -faith basis to initiate
forfeiture proceedings related to property seized by it in the course of the
investigations relating to this MAA.
7.2 In cases of overlapping jurisdiction between a County Participating Agency
and a Municipality Participating Agency, the municipality shall be responsible for any
forfeiture of seized property in accordance with Section 7.1, unless otherwise agreed
to by the municipality and the county.
7.3 It is recognized that during the course of the operation of this MAA, property
subject to forfeiture under the Florida Contraband Forfeiture Act, Section 932.701,
et. seq., Florida Statutes, may be seized. Any such property seized, and if forfeited
and awarded, shall be equitably distributed among the participating agencies in
proportion to the amount of investigation and participation performed by each
agency, less the costs associated with the forfeiture action. The agency pursuing the
forfeiture action shall have the exclusive right to control and the responsibility to
maintain the property including, but not limited to, the complete discretion to bring
the action, to dismiss the action, or to settle, pursuant to the provision of the Florida
Contraband Forfeiture Act.
SECTION 8: INSURANCE
8.1 Each party shall provide satisfactory proof of liability insurance by one or more
of the means specified in Section 768.28(16), Florida Statutes, in an amount which
is, in the judgment of the governing body of that party, at least adequate to cover the
risk to which that party may be exposed. Should the insurance coverage, however
provided, of any party be canceled or undergo material change, that party shall notify
all parties to this MAA of such change within ten (10) days of receipt of notice or
actual knowledge of such change.
SECTION 9: EFFECTIVE DATE
9.1 This MAA shall take effect upon execution and approval by the hereinafter
named officials (the "effective date") and shall continue in full force and effect for a
one year period unless terminated prior thereto by any or all of the parties herein.
The prior Mutual Aid Agreement for the Buralary Apprehension Task Force, and its
Addendums. shall cease to be in effect upon the effective date of this Agreement.
Any individual agency may cancel their participation in this organization and
terminate this MAA as to their agency upon thirty (30) days written notice to the other
participating agencies. This MAA will be automatically renewed for consecutive one
year periods as to the participating agencies that have not provided a notice of
termination as set forth herein.
IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed
on the date specified.
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CITY OF MIAMI, a Florida Municipal Corporation
By: Date:
Arthur Noriega V, City Manager
Attest:
By: Date:
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
By: Date:
George K. Wysong, III, City Attorney
Approved as to Insurance Requirements:
By: Date:
David Ruiz, Interim Director
Risk Management
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BACK-UP DOCUMENT(S)
522.00
"+
SUBJECT: CRITICAL INCIDENT INVESTIGATIONS
DATE EFFECTIVE
SUPERSEDES
REVISION NUMBER
PAGE
050824
071317
24-06
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RESCINDS
CONTENTS:
This General Order consists of the following numbered sections:
I. COMPOSITION OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM
(C.I.I.T.)
II. RESPONSIBILITY OF THE C.I.I.T. INVESTIGATORS
III. NOTIFICATIONS
IV. POST CRITICAL INCIDENT DEBRIEFING
V. POST CRITICAL INCIDENT - INVOLVED MEMBER
VI. POST CRITICAL INCIDENT ASSESSMENT TEAM
DISCUSSION:
This Order establishes guidelines to investigate all member -involved critical incidents and any
other critical incidents that the Sheriff deems necessary. At the Sheriff's discretion, he may
request or invite an outside law enforcement entity at the federal or state level to investigate, in
totality or in part, any aspects of an officer -involved critical incident. PBSO, 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. This Order applies to
all members.
DEFINITIONS:
ADMINISTRATIVE INVESTIGATION — An investigation conducted by the Division of
Internal Affairs to determine if the actions taken during the critical incident were compliant with
PBSO procedures.
CRITICAL INCIDENT — An incident that is unusual, is violent, and involves perceived threat
to, or actual loss of, human life. The incident is a significant emotional event that breaks through
an individual's normal coping mechanisms and may cause extreme psychological distress.
CRITICAL INCIDENT INVESTIGATIVE TEAM (C.I.I.T.) — A team tasked with the
responsibility of investigating critical incidents.
CRITICAL INCIDENT INVESTIGATION COORDINATOR - The detective commander, or
designee, will act as the investigation coordinator and oversee all aspects of the criminal
investigation.
CRITICAL INCIDENT INVESTIGATION TEAM SUPERVISOR - The Critical Incident
Investigation Team supervisor will be of the rank of lieutenant or higher, and assigned to the
detective unit.
Palm Beach County Sheriff's Office
GENERAL ORDER
522.00
DATE EFFECTIVE
SUPERSEDES
REVISION NUMBER
PAGE
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CRIMINAL INVESTIGATION - An investigation conducted by the Critical Incident
Investigative Team to determine if actions taken during the critical incident complied with
Florida Statutes.
PROCEDURES:
I. COMPOSITON OF THE CRITICAL INCIDENT INVESTIGATIVE TEAM
(C.I.I.T.)
A. The C.I.I.T. supervisor may designate another supervisor to be the team
supervisor.
B. One or more detectives selected from the Violent Crimes Division.
C. The Violent Crimes Division commander, or designee, will act as the
investigation coordinator and oversee all aspects of the criminal investigation.
II. RESPONSIBILITY OF THE C.I.I.T. INVESTIGATORS
A. If the incident involves a death of a human being, the Office of the Medical
Examiner will be notified, and a request for a Forensic Investigator to respond to
the scene will be made.
B. The State Attorney's Office will be notified, as per their on -call policy.
C. Identify evidence for collection and preservation.
D. The processing and photographing of the scene will be overseen, in conjunction
with the Crime Scene Supervisor.
E. Interviews and statements given by witnesses will be recorded.
F. If a full statement will not be provided by the involved member(s), and if the
situation dictates, a public safety statement may be requested.
G. The C.I.I.T. supervisor will conduct an on -scene critique, either on -site, or at a
place and time designated by the C.I.I.T. supervisor, to discuss the facts and
circumstances with the following personnel:
1. C.I.I.T. members
2. The commander of the Violent Crimes Division
3. The Crime Scene Supervisor or designee
4. The Internal Affairs (IA) supervisor/investigator
5. The commander of Legal Affairs or designee
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DATE EFFECTIVE
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6. The State Attorney or Assistant State Attorney and/or their investigators
7. Any other personnel deemed essential by the C.I.I.T. supervisor
I. The commander of the Violent Crimes Division will conduct an on -scene critique
of any video, audio, or digital recordings known to exist, and available, at that
time.
J. The C.I.I.T. coordinator, or in his absence, the C.I.I.T. supervisor will ensure
PBSO Executive Staff are apprised of all aspects of the investigation as it
progresses. This will be a direct line, chain -of -command communication and
should not be superseded.
K. All reports and statements pertaining to any investigation conducted by the
C.I.I.T. will be prepared and submitted as soon as reasonably possible.
L. The C.I.I.T. supervisor may conduct a post incident debriefing with the C.I.I.T.
members, IA supervisor(s)/investigator(s), commander of Legal Affairs or
designee, State Attorney or designee, Crime Scene Supervisor or designee, and
any other personnel deemed essential by the C.I.I.T. supervisor.
III. NOTIFICATIONS
A. When a police related shooting or other type of critical incident occurs involving
a deputy, civilian employee, or an officer or agent from another law enforcement
agency within the jurisdiction of PBSO, the Watch Commander and/or designee
will notify the C.I.I.T. supervisor, who, upon reviewing the facts related to the
incident, will determine whether the C.I.I.T. will be activated.
B. Notifications will be made as required by G.O. 429.01 - Staff Notification During
Emergency or Other Serious Situations.
C. The Watch Commander or designee will be responsible for the following:
1. Take command of the scene and protect any known evidence until the
arrival of the C.I.I.T. 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 deputy or other personnel at the scene to maintain a log. The log
will contain the following information:
a. The names and ID numbers of officer(s) or other members
assigned duties at the scene and a description of those duties.
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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.
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 to better facilitate the investigation.
6. Advise the member(s) involved and all witnesses not to discuss the details
of the incident with any one else, regardless of rank, until they have been
interviewed by C.I.I.T.
a. This does not preclude questions regarding the condition of the
witnesses or members by appropriate supervisory personnel.
b. Allow the involved member(s) to confer with his attorney and the
PBSO psychologist, if requested.
c. The attorney and PBSO psychologist will be granted
confidentiality rights as provided by state statute.
7. Provide a reasonably safe environment for the involved members(s) who
is waiting to be interviewed.
8. Ensure that the needs of the involved member(s) are met.
9. Immediately initiate an area canvass to locate and identify any additional
witnesses who have information relevant to the critical incident. Any
witnesses will be made known to the C.I.I.T. supervisor, the lead
investigator appointed by the C.I.I.T. supervisor, and the commander of
IA or the IA supervisor/investigator.
10. Remain at the scene and take charge of the perimeter and security until
relieved by the C.I.I.T. supervisor.
D. The C.I.I.T. supervisor and the IA sergeant/investigator assigned to the critical
incident investigation will coordinate the criminal and administrative
investigations.
E. The C.I.I.T. and IA 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.
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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.
3. When a deputy or other sworn officer suffers a self-inflicted firearm
injury, whether intentional or accidental.
4. Any death of a person who is in the custody of any deputy, or other sworn
officer, or within the care, custody, and control of any PBSO correctional
facility, upon request of the commander of IA, or designee.
5. Any incident, which the Sheriff deems necessary.
F. In the event any of the above critical incidents involving PBSO 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
ensure that:
1. the appropriate staff notification is made as required by G.O. 429.01.
2. the C.I.I.T. supervisor is notified for determining C.I.I.T. response to
monitor and/or assist the investigating agency (if requested).
3. the member's Division or District commander, the commander of Legal
Affairs, and the commander of IA are notified. The commander of IA will
determine which IA sergeant/investigator will respond to monitor the
investigation.
4. the C.I.I.T. member(s) and IA supervisor(s)/investigator(s) are briefed on
what has occurred to that point, and then turn the investigation over to
them.
a. IA has the option of conducting the administrative investigation
immediately following the outside agency's investigation or a later
date.
G. The C.I.I.T. (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 PBSO:
1. The C.I.I.T. will keep the affected law enforcement agency appraised of
the progress of the investigation.
2. The C.I.I.T. 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.
Palm Beach County Sheriff's Office Return to Contents
GENERAL ORDER
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DATE EFFECTIVE
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REVISION NUMBER
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G. The IA supervisor(s)/investigator(s) present will, if necessary:
1. Conduct separate interviews with each member or other sworn officer.
2. Witness members are required to cooperate in the administrative
investigation.
a. If a witness member refuses to cooperate under the belief that he is
a participant in the incident, the member will be treated as an
involved member.
b. If a witness member refuses to cooperate, and he is not under the
belief that he is a participant, the IA supervisor/investigator will
issue a lawful order to cooperate, with the warning that
disciplinary action may be taken if the member refuses to comply
with the order.
3. The Internal Affairs investigator assigned to the critical incident
investigation will be responsible for arranging an appointment for the
involved member with a designated psychologist and, when possible,
ensuring the visit occurs within 72 hours following the critical incident, or
at the earliest time possible if not within 72 hours.
H. All releases to the media will be released through, or in conjunction with, the
Director of Public Affairs.
IV. POST CRITICAL INCIDENT DEBRIEFING
A. The commander of VCD may post notice of a critical incident debriefing within
48 hours or at the earliest time possible if not within 48 hours. The attendees will
include representatives from C.I.I.T., the commander of Violent Crimes, the
commander of Internal Affairs, the commander of Training or designee, a
representative from Legal Affairs, the Crime Scene Investigator(s) and
Supervisor, the Medical Examiner or representative, and representatives of the
State Attorney's Office.
B. The debriefing will cover known facts of the current investigation and review and
address significant and/or problematic issues identified during the on -scene
critical incident investigation.
V. POST CRITICAL INCIDENT - INVOLVED MEMBER
A. Prior to the involved member(s) returning to duty, an interview with the PBSO
designated psychologist will be required. The member(s) will be advised of the
availability of the Employee Assistance Program (see GO 312.04) and the Well -
Being Program (see GO 312.07).
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GENERAL ORDER
522.00
DATE EFFECTIVE
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REVISION NUMBER
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B.
The involved member(s), while on administrative leave, will be available at all
times for official interviews and statements regarding the incident and will be
subject to recall at any time.
C. The involved member(s) is not to discuss the details of the investigation with
anyone except the member's private attorney, the PBSO psychologist, and/or
C.I.I.T. investigators.
D. The involved member(s) will not discuss the details of the Administrative
Investigation with anyone other than the supervisor(s) of IA, pending the
completion of the internal investigation, and acceptance by the Sheriff.
VI. POST CRITICAL INCIDENT ASSESSMENT TEAM
A. The Post Critical Incident Assessment Team (PCIAT) will be responsible for
conducting a review of critical incidents in the following areas:
1. Tactical analysis
2. Training issues
3. Quality of supervision at scene
4. Quality of investigative efforts related to the incident
B. Members of the PCIAT will consist of the following members, at a minimum:
1. Member(s) of Senior Executive Staff designated by the Sheriff
2. Major of the Professional Compliance Bureau
3. Major of the Major Crimes Bureau
4. Major of the involved member's assigned Bureau
5. Bureau Director of the Communications Support Bureau
6. Commander of the Training Division
7. Commander of Internal Affairs
8. Commander of Legal Affairs
9. Any other subject matter expert deemed necessary for the review. This
determination will be made in collaboration with the Majors of the
Professional Compliance Bureau and Major Crimes Bureau
C. Cases will be selected under the direction of Legal Affairs for the purpose of risk
assessment and in anticipation of litigation, and will be reviewed by the PCIAT
on a quarterly basis.
1. This assessment is to provide Legal Affairs information on current training
and policies on which to base possible revisions in training or policies, or
both, so that the PBSO can better perform its functions of serving and
protecting the public.
D. Cases under consideration must be closed investigations, where a closeout letter
from the State Attorney's Office has been received and the Internal Affairs
Investigation has been completed.
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DATE EFFECTIVE
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E. Members of the PCIAT will discuss the circumstances known at the time of the
incident and the tactical decision making of deputies, supervisors and
Communications personnel.
F. The recommendations of PCIAT will be prepared at the direction of Legal Affairs
and constitutes attorney/client privileged information regarding legal tactics and
settlement strategy, which is not subject to release as a public record under
Chapter 119, Florida Statutes. Once prepared, the PCIAT will forward its
assessment and recommendations to Legal Affairs.
Palm Beach County Sheriff's Office Retum to Contents