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R16-095 1 RESOLUTION R16 - 095 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) TO INVESTIGATE OFFICER INVOLVED SHOOTINGS AS WELL AS IN- 1 CUSTODY DEATHS; AND PROVIDING AN EFFECTIVE i DATE. 1 • 1 WHEREAS, the City of Boynton Beach and the Florida Department of Law 1 Enforcement propose to enter into this Memorandum of Understanding for the purpose of 1 facilitating investigations of incidents that involve shootings of a person by a Boynton it Beach Police Department law enforcement officer acting in the line of duty; or the death of 1 an arrestee while in the care, custody or control of a Boynton Beach law enforcement 1: officer; and is WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to approve the Memorandum of 2 Understanding with the FDLE. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 20 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 2 ratified and confirmed by the City Commission. 2: Section 2. The City Commission of the City of Boynton Beach, Florida does 2° hereby approve and authorize the City Manager to sign the Memorandum of Understanding 3D between the City of Boynton Beach and the Florida Department of Law Enforcement 3 (FDLE), a copy of which is attached hereto as Exhibit "A ". 3 S: \CC \WF\Resolutions\2016\R16 -095 MOU_- FDLE_Investigate_- _Reso.doc 3 Section 3. This Resolution will become effective immediately upon passage. A/6 3 PASSED AND ADOPTED this ,o day of i'/Lfy`.,�, , 2016. O 3 3: 3 CITY OF BOYNTON BEACH, FLORIDA 3 3 YES NO 4 4 Mayor — Steven B. Grant 4 4] Vice Mayor — Mack McCray i 4 4 Commissioner — Justin Katz / 4 47 Commissioner — Christina L. Romelus / 4 4 Commissioner — Joe Casello / 5 5 5 VOTE ,6%© 5 5 ATTEST: 5 a 4 57 (i� 5i J • . th A. Pyle, CM 5 , ` erim City Clerk 6 ='a %' 6 !' 6 Y . ' 6 (Cor Seal) 2 6 r V ,x 6 xp S: \CC \WP\Resolutions\2016\R16 -095 MOU _- _FDLE_Investigate_- _Reso.doc MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the City of Boynton Beach, Florida, (City), by and through its police department, the City of Boynton Beach Police Department (BBPD) 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 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 BBPD 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 BBPD law enforcement officer, the death of an arrestee shortly after being in the care, custody or control of a BBPD law enforcement officer or the death of an intended arrestee during an arrest attempt by a BBPD law enforcement officer. 2. Upon the occurrence of any of the enumerated predicate events, the ranking BBPD 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 BBPD 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 BBPD 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 BBPD member will ensure that arrested persons at the scene are detained pending the arrival of the FDLE Critical Incident Team. The BBPD 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 BBPD 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 BBPD member will also coordinate with local law enforcement in any necessary crowd control efforts. 4. Upon receipt of notification from the BBPD 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 BBPD, 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 BBPD personnel or personnel from other law enforcement agencies. 6. The BBPD 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 BBPD. No documentation, whether internal report or statement authored or obtained by BBPD personnel involved in the subject incident that has been provided to the BBPD 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 BBPD'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 BBPD 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 BBPD 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 all parties having signed 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 Boynton Beach, by and through its police department, BBPD, and Federal Law Enforcement Agencies or municipal police departments as it relates to Police Use of Deadly Force Investigations. For the City: Date: R Policy #415 FDK-E INWESTIGATIONS OF NON-FDLE OFFICER INVOLVED SHOOTI AND IN-CUSTODY DEATH OR LIFE THREATE NING INJURY INCIDEN!TS INDEX: ^ RELATED REFERENCES: U (?L(i/ For- '.��. �[aA -�iy,L,(t/ A Fic o rit bie KEY AGENCY CONTACT: Investigations and Forensic Science (IFS) FDLE will provide investigative and forensic services to assist other criminal justice agencies in the investigation of incidents of use of deadly force by e law enforcement or correctional office/ and incidents of in-custody death and life threatening injury. Whenever a law enforcement or correctional officer uses deadly force or whenever theweinan in-custody death urlife th/ueten.ng injury of pnsoner, a thorough co|leoho/` of evidence and an ob)embvm investigation is imperative to assure that justice is served, FDL.E can investigate su(-h incidents occurring within other agencies with the requisite objectivity. GEN ERAL . PARAMETERS ________��__ A. Each Special A( yent in Charge (SAC), or their designee, will designate sworn member to be part ofan investigative response h,am. The teary) will be responsible fur investigation of incidents of use of deadly force by law enforcement or correctional ufficers and incidents of in-custody death, or life threatening injury. SAC may also assign appropriate forensic members to respond \oen incident with the team, B. Using a standard form approved by the department, SAC may enter into Memorandum of Understanding (MOU) with other criminal justice agencies to provide for FD[_E investigative assistance /n the event ofun incident of use ofdeadly force oran in-custody death urlife threatening injury, A variance from the standard M0U may be used upon approval by1no Commissioner or designee and the Office of the General Counsel (OGC). The Regional 415 N FDLE OI3'In-Custod incidents 1 Rev, 8/171151 E*09117115 Operations Centers (ROCs) will forward a scanned original of sucn agreements to OGC The original agreements will ba filed and maintained inthe ROCa. C_ Upon completion of a formal investigation of an incident, FDLE will provide an !nvestigative case file to the appropriate Office of the State Attorney setting forth the factual findings of the investigation. |nveodga<ivo case files for officer involved shooting and in-custody incidents will not include recommenclations or legal conclusions concerning an officer's use of force, MILE RESPONSE A FDLE is legally authorized to investigate the use of force by o law enforcement officer or e correctional officer and incidents of in-custody death or fife threatening injury upon the request ofa sheriff, police chief, administrator ofacriminal justice agency, the Office of the State Attorney ordesignee and with the approval of the Office of the Executive Direc D The occurrence of any of the following predicate incidents may initiate investigative and forensic involvement, assistance or coordination byFDLE� 1 The shoutiny of a person by a law enforcement of' acting in the 'ine of duty, or 2� The death or lift-, threatening injjry of a person wh in the care, cust or control of a |ew enforcement officer o,0000uUmna| oi5^mr, <ht� death or life dh"ssk/n|og injury of a permo// shuri|y after being in the care, custody urcon1/u|ufo}awo//[urcementofficurur curreotiune|oiOcer. or the deabn or life \hnaa!ening injury u| a person du,my an ,trn,s'i attempt bya law enforcement officer: or 3 O\ha/ use mffonot:� incidents ea approved by the SAC. C In the absence ofa signed M{JU, any request for assistance must be approved by the SAC orlhairdesignee, O, When the F|o/ida Fusion Center (FFC) receives m request for assistance regarding u<huer involved shooting or in-custody death or Uha threatening injury incident. FFC membarwU! document and forward the request to the ' appn7phmte Special Agent Supervisor (8AS)and Assistant Spama|Agent io Charge (4BAC). pursuant to FDLE Investigations ofmen-FDLE Officer Involved Shootings and In-Custody Death or Life Threatening Injury Incidents procedure, if the request for assistance is received by the region, the region will ensure FFC ia notified regarding the incident ee soon eupractical. E Assigned SAS, or their designee, will ensure activation of response team members, coordinate crime scene response and aciividen, and provide immediate briefing ufFDLE command personnel pursuant to''FIDLE Investigations ofNon-FDLE Officer Involved Shootings and |n-Custody Death or Life Threatening Injury {nc[oents^ procedure F SAC or their designee, will ensure notification cV the Assistant Commissioner, maintain haison with t�e involved agency's chief executive and provide a briefing of thu incident with command representatives of the involved agency and the {}ffio* of the State 400may. pursuant \o''FOLE Investigations ofNon FOLE Officer Involved Shootings and In-Custody Death or Life Threatening Injury Incidents" procedure, 415'Nor1=DLECxS/u-CustodyIncidents 2 Rev 8/11151 ETf:09/7/15 8� SAS, ASAC or SAC will coordinate all press releases/conferences with involved agenry and the Office ofExterna!Affairs(OEA)inheodquartoru,AUmed|omquiheovviUhedinedadto EIN�IE IGATIVE REVIEW PROCESS SAS will ensure the Regional I. egat Advisor or OGC representative, thc ASAC and/or the SAC review the investigative ',,Limmary prior to submitting the case tn the Office of the State Attorney FDLEs.nvesdAation into incidents will be considered "active while the facts are under review by the Office of the State Attorney. Aa such, the contents ofFDLE'sinvestx]atwe case h|ewiU be exempt from public dimr|maurp unless otherwise indicated by OGC 415-wm-FDLEO/S/^,'ContadyIncidents 3 Rev. 8/|1/15!Eff,0H/1n15 Florida Department ofLewEnforcement Investigations & Forensic Science FDLE INVEST OFWON-FDLE OFFICER INVOLVED SHOOTINGS AND IN-CUSTODY DEATH [)R LIFE THREATEN{14G INJURY INCIDENTS PRIMARY RESPONsiBiLings A. Florida Fusion Center (FFC) 1 When the FFC receives a request for assistance to investigate anuther aguncy officer involved shooting or in-custody death or life threatening injury incident, the FFC member will immediately establish and document (he following: a. )dentity of the person calling {hair contact information and agency *yqueo\/og aaoia(ance. b Identity o( the, on'poene officer inohnrUo and their oontort'nformai|cn. o� Datu and time p/oe||/requoat for assistance, d, Date and time incident occurred, e. Location o(and directions io the incident, f. Brief synnpsi^cfincident. 2. FFC will immediately notify, via telephone, tne regior-.al on-cail Special Agent Supervibur (SAS) and Assistant Special Agent in Charge (/\SAC). 3, It will be the responsibility of the ASAC to make the appropriate notifications to the SAC, Chief oYForensic Services, (]fMma of Externa| Affairs (DEAy mn(i Office of the State Attorney. 4 If the request forssaiotanca is received by the nm0/mn, the region will ensure FFC is notified regarding the incident oa soon ampractical. B Responsibilities ufthoSAS 1. The assigned SAS, or their designee, will: a� Ensure activation mf response heenomombu,s. b Establish law enforcement (involved agency) cuntaot, c Ensure the crime scene perimeter is established and secured, d Respond tn the scene of the incident, i(applicable, and assume control ofthe Nun4=DLEO|S/ In-Custody Procedure 1 Rewyea:ev1°oO15 e. Ubtuin comprehensive inchbn\briefing, f, Assign uaoo ugant and ensure inveodUaUwu asoiyn,,xux1asn. 'ondc as necessary, y Coordinate with the first responding sworn rnembec h Coordinate Crime Scene response and activities. If anFDLE crime scene unit |mnot available, personnel from another agency can beuh|/zad� i Provide summary for immediate briefing ufFDLE command personnel, ] Coordinate upost-incident team briefing io identify future investigative needs. C Responsibilities mf First Sworn Wombmr(s)OnScene 1 At the direction of the SAS ' the first sworn member(o)nn scene will: a. Obtain a general briefing of the |noiclent� b, Assess scope and security of the scene, c. Bagirtu identify all pertinent parties and their |ucwUuns d Brief e000ndinQ SAS and response team members D Responsibilities mfCzmoAgent 1 The Case Agent will consult with the SAS on investigative, assignments to ensure that a Speoio|AgenVs) are assigned appropno<ein*esdigmbve tasks, ua|den\iModin the f7��� {�fi�1j1�p./U� - ��y�������Z�.�Jo' the 7|}Lf�� b Aq, forms, to include: m Separate all witnesses to include subject officer(s) and witness officer(s), if possible, b. Obtain and/or ensure the issuance oyo search warrant or consent to search for the crime scene when applicable. c Debrief agents fur results of leads and development of additional witnesses and leads. d Coordinate the collection and inspection of all weapons and ammunition that were involved during the incident, A complete ammunition round count should be documented *i!hin the case file. u Facilitate interviews n[ all subject officers and w|lneesoffiva,m. [ Ensun= that all uviJencem properly collected and submqtad. A Collect all pertinent video and audio rfoord|nOs identify and dncument Jny mnpmoab|a recording devices. Non-FDLE OIS I In-Custody Procedure 2 Revised 8 1i2015 h- Seek input from the appropriate prosecutor and/or Regional Legal Advisor (RLA).if 2 The Case Agent will brief the SAS un significant developments. 3, The Case Agent will maintain liaison with involved agency's lead investigator, 4 The Casu Agent will consult with the SAS and other r6evant partius (State Attorney, Involved Agoncy Head, ana Office of Extcrnal Aff airs (OEA) for time/place of appropriate briefings, 5, The Case Agent will propire for the briefing by incorporaTing facts. witness Statements, photos. and a draft timeline ufevents. G The Case Agent will review all administrative h|e(s) of the mvo|vpdoMiunr(a). This review will include records such as disciplinary, training, and use of force records, E. Rebponsibilities of the SAC 1 The SAC will ensure notification to the Assistant Commissioner and Commissionor's Office, when appropriate 2. The 8AC, o/ the designee, will ensure liaison with t involved ageocy's chief executive is maintained. 3. The SAC, m|hf-.|r designee, will offer on Executive Briefing of the incident with command representatives of the involved agency and the State Attorney's Office within a reasonable dm*frame after the incident. The Executive Briefing should include. m summary of investigative progress, to date, and an identification of future investigative needs. INS A. When interviewing wonesses. all interviews should be cow,lucted under riath 9nd recorded via audio and/or video. B. When interviewing sworn offioer(s): 1 All sworn officer interviews should be conducted under oath and recorded via audio ond/orvideo, 2. Sworn officers will not be afforded an opportunity to walk t a scene or review any digital evidence unless directed by the SAC, their designee or the State Attorney, 1 Thn&��vem/,e*r�/* uhaUprm�edw and be|ndudedho the ,eoor mgu/mUi�a��*s *fa8awonno#uery,TheAgont(a) conducting the interview will ensure that the officer /s awap� that the statement is voluntary and port of criminal investigation. During the interview of involved officers, no persons other than FDLE agents will be present unless authorized by the SAC, or their designee. moo-FDLEO|S/|n^CuxtodyP3 R�m � Procedure so � 8/111201� A Agents should refer io the appropriate )nddentAsmignmerdfonnhzrdooumenbsson purposes. Officer 1nv( USt' Of 1"(11CO Itic0ciii Ass jtw,ot «/k'-[\/�u2� B The contuntso| the investigative case file will bepwrsuant to existing procedures |othe Automated Investigative Management System (AIMS) and include other information, as appropriate. Any official documentation created during the investigation shalt he included in the case file, C. An itivestiyatme packet will be submitted to the Office of the State Attorney and wdl contain 1 |rvesbgotivo surnmarymme{ne should ru|lown`a (onno1in ihu TL!tj�blu 2, Witness/Officers interview state men ts/tnaoochp |onu� 1 FOLE investigative reports/ n,|a\nd items: 4. Evidentiary exhibits list; 5 Crime scene reports photos; 0� Labreporta� 7 Medical Examiner's report, ifappropriate: 8. Other agency reports and documentation; and A, Other information msappropriate. Non-FDL�- 01S / In-Custody Procedure 4 Revised: 8;11 /2015