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HomeMy WebLinkAboutIII(E) Approval And Authorization For Mayor And City Clerk To Execute Mutaul Aid Agreement With The Florida Department Of Law Enforcement Agenda 11-07-2000 Item III E �llll1111 1 A\U‘., ^^ Ocoee Police Department 6�' ° .�,R� ,Li 175 N. Bluford Avenue• Ocoee,FL 34761 • (407) 656-1518 • Fax(407) 656-0218 6Alf f 01160 TO: The Honorable Mayor and Board of City Commissioners FROM: Robert E. Mark, Chief of Police p /J DATE: October 30, 2000 SUBJECT: MUTUAL AID AGREEMENT Staff Report ISSUE Should the Honorable Mayor and Board of City Commissioners approve the Ocoee Police Department and the Florida Department of Law Enforcement entering into a Mutual Aid Agreement. BACKGROUND The Ocoee Police Department, represented as an agent through the Metropolitan Bureau of Investigation,and the Florida Department of Law Enforcement work in such a relation to each other that it is to all parties advantage to enter into a Mutual Aid Agreement in which all parties will be able to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to natural or manmade disasters or emergencies and other major law enforcement problems, including those that cross jurisdictional lines, in order to protect the public, peace and safety, and to preserve the lives and property of their citizens. DISCUSSION Municipalities and legal entities have the authority under Florida State Statues 23.12 through 23.127, "Florida Mutual Aid Act" to enter into a mutual aid agreement with each other which permits voluntary cooperation and assistance of routine law enforcement nature across jurisdictional lines and provides for the rendering of assistance in law enforcement emergencies. RECOMMENDATION It is respectfully recommended that the Honorable Mayor and Board of City Commissioners approve the Ocoee Police Department to enter into an Mutual Aid Agreement with the Florida Depaitnient of Law Enforcement. 7777�1�:' W c°17, MUTUAL AID AGREEMENT BETWEEN THE MEMBER-- AGENCIES OF THE METROPOLITAN BUREAU OF INVESTIGATION AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT • • WHEREAS, the below subscribed law enforcement agencies have joined together in a multi- jurisdictional task force to identify mid and upper-level organizations which engage in money laundering and trafficking in illicit drugs within Orange and Osceola Counties, Florida, and to dismantle organizations engaging in such activity; and WHEREAS, the undersigned agencies are all participants in a multi-agency task force known collectively as the Metropolitan Bureau of Investigation(MBI). 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 agreement for cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines; NOW THEREFORE, the parties agree as follows: Pursuant to signing this Agreement, each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement at the request of the member agencies of the Metropolitan Bureau of Investigation (MBI) task-force and the Florida Department of Law Enforcement (FDLE) to implement within the jurisdictional and other limits as noted herein for the purposes and goals indicated. Parties To This Agreement: The Florida Department of Law Enforcement(FDLE), The Office of the State Attorney,Ninth Judicial Circuit The Orange County Sheriff's Office, The Osceola County Sheriff's Office, The City of Orlando Police Department, The City of Winter Park Police Department, The City of Ocoee Police Department, The City of Apopka Police Department Additional parties may, at the request of FDLE and with the approval of the other MBI members, 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 Metropolitan Bureau of Investigation and the Florida Department of Law Enforcement. MBI TASK-FORCE GOALS AND COOPERATION TO BE RENDERED: The goal of the MBI is to effect dedicated and intensive investigative, preventative, and general law enforcement efforts primarily with regard to the investigation of multi jurisdictional offenses relating to money laundering and drug trafficking. MBI efforts shall include, but are not limited to, the creation of a intelligence database identifying target mid and upper-level organizations engaging in multi jurisdictional drug sales and distribution; the surveillance of those identified target organizations; undercover operations designed to detect illegal drug activity and to identify those involved in such activity including those directing or otherwise controlling such activity; the arrest and prosecution of those involved (utilizing state and federal prosecutions, as appropriate); the seizure and forfeiture of assets of those engaged in such activity or otherwise supporting such activity (utilizing state and federal forfeiture options, as appropriate); the prosecution of regulatory and civil actions designed to end such criminal activity, as appropriate; and the referral of investigative leads and intelligence to such other federal, state, or local law enforcement authorities as may be required and appropriate. Nothing herein shall otherwise limit the ability of participating MBI 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 MBI efforts,with the operations of the MBI being coordinated with FDLE and other agency members. JURISDICTION, PROCEDURES FOR REQUESTING ASSISTANCE, COMMAND AND SUPERVISORY RESPONSIBILITY: Jurisdiction: The principal site of MBI activity shall be Orange and Osceola Counties, Florida. MBI members shall also have full jurisdictional authority anywhere within the State of Florida,with full power to enforce Florida laws and avail themselves of the provisions of the Agreement when engaged in MBI operations that have been approved by, and involve the FDLE as contemplated by this Agreement. MBI members operating outside the jurisdiction of their respective Agencies shall not enjoy extra- jurisdictional authority as law enforcement officers unless engaged in approved MBI activities as stated herein. The parties to this Agreement recognize that any extension of jurisdictional authority beyond the bounds of their employing Agency is by reason of the Agreement and the overall supervision and authority of the FDLE as provided by the "Florida Mutual Aid Act." Pursuant to Section 23.127(1), Florida Statues, employees and agents of the undersigned Agencies participating in the MBI 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 political subdivision in which the employee is normally employed. Activities shall be considered authorized only when approved and directed as provided herein by an FDLE supervisor or command designee. If at anytime an FDLE supervisor or FDLE special agent designee(s) determines that an extra-territorial MBI operation pursuant to this agreement should be terminated, said operation is to be promptly terminated in a manner assuring the safety of all involved law enforcement officers. No MBI employee or agent shall engage in activities outside the jurisdictional territory of the MBI pursuant to the authority of this Agreement that are not approved, are unreported or otherwise unknown to the FDLE supervisor and which are not documented as provided herein. The FDLE supervisor(s) shall maintain documentation that will demonstrate the daily involvement of specific employees or agents provided by the parties to this Agreement, including each operation's supervisor or designated leader. The FDLE may request that a particular employee or agent of the MBI no longer be allowed to participate in furtherance of this provision of the Agreement. Upon receiving the request, the employing Agency shall promptly terminate said person's participation in the activities contemplated by this provision of the Agreement. With the approval of FDLE, a party may otherwise add, substitute, reinstate, or replace any of its sworn or support employees pursuant to this Agreement. Whenever an operation occurs outside the territorial limits of the FDLE Orlando Regional Operations Bureau, the Chief of Investigations for the FDLE office in the region affected shall be notified about the presence of MBI personnel in his or her region. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee as a member of the employee's Agency. FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT: No funds or other property seized by MBI operations are to be utilized by any MBI agency prior to successful forfeiture or, if no forfeiture is pursued,until title or interest in the funds otherwise vests in one or more MBI agencies by operation of law. Forfeiture actions based upon seizures made by the MBI may be pursued in either state or federal actions. Actions shall be based upon current statutory and case law. The parties agree that MBI, which has two Assistant State Attorneys permanently assigned as legal advisors, will be primarily responsible under this Agreement for pursuing all MBI forfeiture actions on behalf of all of the parties in state court; 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 MBI unless an alternate distribution allocation among the parties has been agreed to. Any party to this Agreement may request copies of forfeiture complaints and pleadings filed by reason of MBI 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 MBI 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 there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and the concerns cannot be resolved, pursuant to the authority of this Agreement no forfeiture action on behalf of the MBI 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 MBI, provided the property under consideration otherwise qualifies under law for such consideration. EVIDENCE AND RECORDS: All evidence, including currency, seized outside the regular jurisdictional boundaries of MBI pursuant to this Agreement shall be taken into custody and processed by an FDLE Special Agent in accordance with FDLE policy relating to the handling of evidence/currency. If an FDLE Special Agent is not the lead investigator in the case,the agent shall take custody of the evidence/currency,process it, and then turn the evidence/currency over to the lead MBI agent who will be responsible .for maintaining the evidence/currency in accordance with MBI policy. The FDLE may at any time order a review and audit by FDLE's Inspector General's Office of MBI operations with regard to the seizure and handling of all evidence, property, or cash or any other aspect of MBI operations as it relates to this Agreement. The parties agree to cooperate in any such audit by allowing full access to documents,personnel and facilities necessary to perform the audit function. LIABILITY AND COST-RELATED ISSUES: Each party engaging in any mutual cooperation and assistance pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such party's own employees while such employees are engaged in rendering such aid, cooperation and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes,where applicable. Each party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, resources and facilities to render services to each other party to this Agreement in order to effect the, purposes of the MBI and agrees to bear the cost of loss or damage to such equipment, vehicles, or property. 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. This provision shall not preclude necessary property or resources being purchased, funded, or provided by a participating party via the party's legally vested forfeiture funds, if otherwise authorized by law. Each Agency furnishing aid pursuant to this Agreement shall compensate its employees during the time such aid is rendered and shall defray the actual expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. 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. This provision shall not preclude payment of compensation, including overtime compensation, for it's personnel utilizing its legally vested forfeiture funds to the extent allowed by law. Each party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, and automotive liability insurance or maintain a self-insuring fund for•the term of this Agreement in the amounts determined by each party to adequately insure such party's liability assumed herein. But in no event shall such coverage be less than the statutory waiver of sovereign immunity. Each party agrees to provide the other parties with a copy of the respective insurance required hereunder, including the endorsements thereto and renewals thereto. In the event a party maintains a self-insurance fund, such party agrees to provide the other parties with documentation to substantiate the existence and maintenance of such self-insurance fund. COMPLAINTS AGAINST MBI MEMBERS: Whenever a complaint has been lodged as a result of MBI efforts outside their jurisdictional boundaries pursuant to this Agreement, a designee of the FDLE 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, the identity(ies) of the MBI participant(s) accused and the erriploying 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 the MBI is the successful prosecution of criminal violators. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the MBI 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 MBI generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or administrative actions derived from MBI operations are likewise to receive coordinated support efforts from MBI members. MBI supervisors shall monitor the efforts of MBI members in support of criminal prosecutions, civil actions, administrative actions and forfeiture cases. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the MBI to assure the expected level of support from MBI members is occurring. Failure by a member of the MBI to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal of the member from this Agreement. COPY TO EACH PARTICIPATING MBI MEMBER: When this Agreement is fully executed, a copy shall be provided to each MBI member so that each member may be fully aware of the powers, limitations, and expectations applicable to MBI members and operations. TERM OF AGREEMENT: This Agreement shall be effective as to the executing Parties upon execution by the member agencies of the MBI and the FDLE. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. 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, Mutual Aid Coordinator, P.O. Box 1489, _, Tallahassee, Florida 32302-1489 with a copy provided to the Regional Director, Florida Department of Law Enforcement, 500 W. Robinson Street, Orlando;Florida 32801. This Agreement shall remain in full force as to all participating Parties until December 1, 2001, unless terminated in writing by the FDLE as to all or separate Parties. Any party may withdraw from this Agreement upon providing written notice to FDLE and all other participating parties. Any written cancellation or extension shall be forwarded to FDLE at the address noted above. For the Florida Department of Law Enforcement (FDLE): /' dote-22 Jam . Moore, Commissioner Date Party's Acceptance of the August, 2000 MUTUAL AID AGREEMENT BETWEEN THE MEMBER AGENCIES OF THE METROPOLITAN BUREAU OF INVESTIGATION AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief executive officer of a municipality or county on behalf of a law enforcement agency, if authorized by the governing body of the municipality or county. 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. ****************************************************************************** ATTEST: CITY OF OCOEE, FLORIDA By: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE THE CITY OF OCOEE, FLORIDA; CITY COMMISSION AT A APPROVED AS TO FORM AND MEETING HELD ON LEGALITY this day of , 2000 UNDER , 2000 AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney Robert E. Mark, Chief of Police • Date: