HomeMy WebLinkAboutItem #03 Approval of Memorandum of Understanding to Join Internet Crimes Against Children Central FL Task Force the t enter of Good Iry AGENDA ITEM COVER SHEET Meeting Date: April 19, 2011 Item # j Reviewed By: / Contact Name: S. Goclon Department Director: Charles J. Br n Contact Number: X3027 City Manager: Rob Frank Subject: Approval: Memorandum of Understanding to join the Internet Crimes Against Children Central Florida Task Force Background Summary: The City of Ocoee Police Department has the opportunity to become a participating member in the Internet Crimes Against Children (ICAC) Central Florida Task Force and is requesting permission to sign and enter into a Memorandum of Understanding with Federal, State, and local law enforcement agencies to allow a trained task force investigator to actively participate in investigating and dismantling sources of Internet child pornography operating within the city limits of Ocoee. With the advent of the Internet and rapid advancement of computers and technology, criminals are able to victimize children in an environment that affords them almost complete anonymity. Their ability to cross jurisdictions in a medium which is technologically advancing faster than law enforcement agencies can keep up requires a multi jurisdictional and multi- agency approach. This task force helps increase the effectiveness and efficiency of investigations and prosecutions of Internet and technological crimes in Central Florida by providing resources such as expertise, training, equipment, and investigative and prosecutorial support. Task force membership does not require an officer be assigned full -time. An officer from the Ocoee Police Department, who already conducts such investigations, will provide support and assistance when requested by other task force members. Foley and Lardner have reviewed this agreement. Issue: Should the Honorable Mayor and the Board of City Commissioner authorize the Ocoee Police Department to enter into a Memorandum of Understanding with the Internet Crimes Against Children Central Florida Task Force? Recommendations: Staff recommends that the Honorable Mayor and the Board of City Commissioner authorize the Ocoee Police Department to enter into a Memorandum of Understanding with the Internet Crimes Against Children Central Florida Task Force. Attachments: Memorandum of Understanding Financial Impact: The Department may receive computers, software, training, and other resources to assist with investigations as a result of task force membership and may be called upon to assist other member agencies. Type of Item: (please mark with an "x ") Public Hearing For Cleric's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Paul Rosenthal 4- 2- ; 2011 N/A Reviewed by Finance Dept. k�'N N/A Reviewed by () N/A 2 FSD • INTERNET CRIMES AGAINST CHILDREN CENTRAL FLORIDA TASK F l i r ? E MEMORANDUM OF UNDERSTANDING // GC `„/1 _ The Polk County Sheriff's Office is the recipient of a United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) grant to enforce laws regarding Internet Crimes Against Children (ICAC), and the Polk County Sheriff's Office utilizes this grant to administer and operate the Central Florida ICAC Task Force. This Memorandum of Understanding (MOU) is entered between the Polk County Sheriff's Office and (Department Name) PURPOSE The purpose of this MOU is to formalize working relationships between participating agencies to achieve maximum cooperation in a combined law enforcement effort aimed at combating Internet and technology crimes against children in the State of Florida and nationwide. By signing the MOU, participants are agreeing to join the ICAC Central Florida Task Force for the purpose of promoting a coordinated effort in investigating and prosecuting said crimes. This MOU is not intended and should not be construed, to create any right or benefit, substantive or procedural, enforceable by law or otherwise, by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. JCAC CENTRAL FLORIDA TASK FORCE With the advent of the Internet and the rapid advancement of computers and technology, criminals are able to victimize adults, children, businesses, organizations, etc. in an environment that affords them complete anonymity. This ability to cross jurisdictions in a medium which is advancing in technology faster than law enforcement agencies can keep up, and the cost in keeping up with these technological advances in an environment which is subject to budget constraints, requires a multi jurisdictional and multi- agency approach. The ICAC Central Florida Task Force has been created to address these issues and participate locally and nationally in increasing the effectiveness and efficiency of investigations and prosecutions of Internet and technology crimes in Central Florida by providing such resources as expertise, investigative and prosecutorial support, training, and equipment. GOALS AND OBJECTIVES JCAC Central Florida Task Force goals are to increase the effective response to cyber enticement and child pornography investigations and prosecutions and to increase public awareness and prevention of ICAC offenses. Page 1 of 4 • INTERNET CRIMES AGAINST CHILDREN CENTRAL FLORIDA TASK FO ' A = B 174 MEMORANDUM OF UNDERSTANDING CSl# GCS `A ICAC Central Florida Task Force objectives are to: (1) Increase the investigative capabilities of law enforcement officers in the detection and investigation of ICAC offenses; (2) Increase the apprehension of ICAC offenders; (3) Conduct proactive and reactive ICAC investigations; (4) Increase the number of ICAC state and federal offenses being prosecuted in Central Florida; (5) Create a multi- agency task force response to ICAC offenses; and (6) Develop and deliver ICAC public awareness and prevention programs. POLICY AND DIRECTION All participants acknowledge that the Central Florida Task Force is a joint operation in which all agencies act as allies. The chain of command and supervision of the Polk County Sheriff's Office, Bureau of Special Investigations, Computer Crimes Unit is responsible for the policy and general direction of the Task Force. The Task Force coordinator will periodically contact supervisors and investigators from other participating agencies to keep them informed of training opportunities, unusual circumstances, problems and successes of the Task Force. The policy and direction of ICAC Central Florida Task Force will be consistent with and governed by its goals and objectives. Activities of the ICAC Task Force are further governed by the Operational and Investigative Standards of the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. Affiliate agencies must understand and comply with the standards. These standards are proprietary to the Internet Crimes Against Children Task Force Program. A copy of the standards has been provided to each participating agency executing the agreement by the Polk County Sheriffs Office. SELECTION AND RETENTION OF PERSONNEL ICAC personnel should have good investigative skills, court testimony skills, ability to handle sensitive information prudently, and a genuine interest in the protection of children. Due to the graphic nature of evidence encountered in ICAC investigations, supervisors are encouraged to make reasonable efforts to ensure that all assigned officers have access to Employee Assistance Programs for mental health concerns. CASE MANAGEMENT ICAC Central Florida Task Force affiliate supervisors should be familiar with the Case Predication and Prioritization in the ICAC Operational and Investigative Standards. ICAC Central Florida Task Force affiliate supervisors are responsible for determining investigative priorities and selecting cases for investigation. Page 2 of 4 • INTERNET CRIMES AGAINST CHILDREN CENTRAL FLORIDA TASK F f ' • MEMORANDUM OF UNDERSTANDING FSD CYBERTIP INVESTIGATIONS Ges The CyberTipline is Congressionally mandated as a reporting mechanism for cases of child sexual exploitation including child pornography, online enticement of children for sex acts, molestation of children outside the family, sex tourism of children, child victims of prostitution, and unsolicited obscene material sent to a child. Polk County Sheriff s Office is the clearinghouse for the Cybertips that occur in Central Florida and disseminate these investigations to the appropriate agencies with Jurisdiction. ICAC Central Florida Task Force affiliates are required to investigate these reactive investigations and report back to ICAC Central Florida Task Force Coordinator the status of these investigations. CONFIDENTIAL INFORMATION It is understood that any confidential information pertaining to investigations of Internet and technology crimes will be held in the strictest confidence, and will only be shared with participating ICAC Central Florida Task Force affiliates or other law enforcement agencies where necessary, with the approval of the agency that authored the record or produced the information or as otherwise required by federal or Florida law. Any confidential information disclosed to ICAC Central Florida Task Force affiliates or other law enforcement agencies shall be disclosed in a manner consistent with protections afforded under federal and/or Florida law. E VIDENCE Seized evidence, the examination of computers and digital media, and any other related forfeitures, will be handled in a manner consistent with the policies of the case agent's agency. Child Pornography is contraband and should be maintained pursuant to each agency's policies. It is recommended that absent a court order specifically ordering otherwise, evidence containing child pornography shall not be released to any defendant or representative thereof. Transfer of evidence containing child pornography among law enforcement shall be done in a secure manner. Methods may be hand - delivery or delivery via a service which tracks the shipment or methods consistent with agency policy and practices. Page 3 of 4 INTERNET CRIMES AGAINST CHILDREN CENTRAL FLORIDA TASK FSD �_ 1 MEMORANDUM OF UNDERSTANDING CSS r� GCS RECORDS AND REPORTS Each task force member will maintain their own agency records and reports. To the extent possible, all investigative information will be available to each of the participating law enforcement agencies as it pertains to investigations of Internet and technology crimes with the approval of the agency that authored the record or report. All affiliates will report their monthly activity to the ICAC Central Florida Task Force coordinator by the 10 of each month using the ICAC Monthly Performance Measures Report. ICAC EOUIPMENT ICAC computers and software shall be reserved for the exclusive use of agency designated ICAC personnel. MEDIA RELATIONS Task Force member will coordinate all press releases /announcements with the other involved agencies. 1VIODIFICATIONS TO AGREEMENT This agreement may be modified upon the mutual written agreement of the parties. TERM OF AGREEMENT The agreement shall be effective on , 20 continue until such time as federal funding for the grant ends or the agreement is canceled by either party upon written notice delivered to both agency directors. Entered this day of 20 Department Name Dep ent Autho 'zed Si e/Title J. Polk ounty Sheriff s Office / Ctral Florida ICAC Task Force Authorized Official (0/2Z _. Date Page 4 of 4