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2016-78 Memorandum of Understanding with FDLERESOLUTION 2016 -78 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE INVESTIGATION OF LINE OF DUTY SHOOTINGS AND IN- CUSTODY DEATHS AND AUTHORIZING THE MAYOR, VILLAGE MANAGER AND POLICE CHIEF TO EXECUTE THE MEMORANDUM ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the Florida Department of Law Enforcement ( "FDLE" propose to enter into a Memorandum of Understanding ( "MOU ") whereby FDLE would assume the investigation of line of duty shootings by a Village law enforcement officer, the death of an arrestee while in the care of or shortly after being in the care of a Village law enforcement officer, and the death of an arrestee during an arrest attempt; and WHEREAS, the Village Council determines that the approval of the MOU is in the best interests of the health safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Memorandum of Understanding with the Florida Department of Law Enforcement for the investigation of line of duty shootings and in- custody deaths, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor, Village Manager and Police Chief to execute the Memorandum of Understanding on behalf of the Village. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 27TH DAY OF O('T/ITTT ,n, (Village Seal) ATTEST: VILLA 6E CLERK MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the Village of North Palm Beach, Florida, (Village), by and through its police department, the Village of North Palm Beach Police Department (NPBPD) 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 Village and the 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 NPBPD 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 NPBPD law enforcement officer, the death of an arrestee shortly after being in the care, custody or control of .a NPBPD law enforcement officer or the death of an intended arrestee during an arrest attempt by a NPBPD law enforcement officer. 2. Upon the occurrence of any of the enumerated predicate events, the ranking NPBPD 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 NPBPD 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. FDLE will notify the State Attorney as soon as reasonably possible. 3. Pending arrival of the FDLE Critical Incident Team, the ranking NPBPD 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 NPBPD member will ensure that arrested persons at the scene are detained pending the arrival of the FDLE Critical Incident Team. The NPBPD 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 NPBPD 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 other evidence such as. radio communications tapes. The ranking NPBPD member will also coordinate with local law enforcement in any necessary crowd control efforts. 4. Upon receipt of notification from the NPBPD 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 NPBPD, 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. 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 NPBPD personnel or personnel from other law enforcement agencies. 6. The NPBPD 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 NPBPD. No documentation, whether internal report or statement authored or obtained by NPBPD personnel involved in the subject incident that has been provided to the NPBPD 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 NPBPD'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 NPBPD 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 NPBPD 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 upon the signatures of all parties 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 Village of North Palm Beach, by and through its police department, NPBPD, and Federal Law Enforcement Agencies or municipal police departments as it relates to Police Use of Deadly Force Investigations. For FDLE: For the Village: Richard L. Swearingen D vi Commissioner Mayor Florida Department of Law Enforcement Village of North Palm Beach Date: Qate: J me P. - �Kelly illag Manager nap of North Palm Beach Date: ick Jen ' s Police Chief Village of North Palm Beach Date: /0 - 2 5 -- 1 6