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HomeMy WebLinkAboutItem 04 Consideration of Metropolitan Bureau of Investigation/Florida Department of Law Enforcement Mutual Aid Agreement AGENDA ITEM COVER SHEET Meeting Date: February 1, 2005 Item # ~ (\'''' /vlfL- , ..' ~t ,,' , . "..t. t , -'v'" '( / / V Contact Name: Contact Number: s. Goclon x3027 Reviewed By: Department Director: City Manager: Background Summary: Renewal of Mutual Aid Agreement between the member agencies of the Metropolitan Bureau of Investigation and the Florida Department of Law Enforcement that expired December 1, 2004. Municipalities and legal entities have the authority under Florida State Statutes to enter into agreements, The Metropolitan Bureau of Investigation (of which the Ocoee Police Department is a member) would like to renew its mutual aid agreement with the Florida Department of Law Enforcement through December 1, 2007. Issue: Should the Honorable Mayor and Board of City Commissioners approve a renewal of the Mutual Aid Agreement between the member agencies of the Metropolitan Bureau of Investigation and the Florida Department of Law Enforcement. Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve a renewal of the Mutual Aid Agreement between the member agencies of the Metropolitan Bureau of Investigation and the Florida Department of Law Enforcement. Attachments: Mutual Aid Agreement Financial Impact: None. This agreement was reviewed by Foley and Lardner on 1-14-05. Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading Resolution _ 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 Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson. District 3 Nancy J. Parker. District 4 Mayor S. Scott Vandergrift City Manager Robert Frank STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Steven 1. Goclon DATE: January 24, 2005 RE: Metropolitan Bureau ofInvestigationl FDLE Mutual Aid Agreement ISSUE Should the Honorable Mayor and Board of City Commissioners approve a renewal of the Mutual Aid Agreement between the member agencies of the Metropolitan Bureau of Investigation and the Florida Department of Law Enforcement. BACKGROUNDIDISCUSSION Municipalities and legal entities have the authority under Florida State Statutes 23.12 through 23.127 "Florida Mutual aid Act" to enter into agreements. On November 20, 2001, the Honorable Mayor and Board of City Commissioners approved a Mutual Aid Agreement between the member agencies of the Metropolitan Bureau of Investigation (of which the Ocoee Police Department is a member) and the Florida Department of Law Enforcement. The agreement expired December 1,2004. The agreement allows the parties to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to emergencies or to aid in investigations, including those which cross jurisdictional lines. The Metropolitan Bureau of Investigation would like to renew the mutual aid agreement with the Florida Department of Law Enforcement through December 1,2007, MUTUAL AID AGREEMENT BETWEEN THE MEMBER AGENCIES OF THE METROPOLITAN BUREAU OF INVESTIGATION AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT :1It<" , WHEREAS, the below subscribed law enforcement agencies have joined together in a multi- jurisdictional task force to identify organizations which engage in illicit narcotics trafficking, prostitution, and other forms of organized crime throughout the State of 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. 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; WHEREAS, this agreement does not supercede or take the place of any other agreement entered into by the various members of the Metropolitan Bureau of Investigation. Those agreements shall remain in full effect. 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 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 Orange County Sheriffs Office The Osceola County Sheriffs Office The Apopka Police Department The Eatonville Police Department The Ocoee Police Department The Orlando Police Department The Winter Park Police Department The Office of the State Attorney, Ninth Judicial Circuit Additional parties may, at the request and with the approval ofFDLE and the other Metropolitan Bureau of Investigation 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 Florida Department of Law Enforcement. METROPOLITAN BUREAU OF INVESTIGATION GOALS AND COOPERATION TO BE RENDERED: ,The "goal of. the Metropolitan"BurC?au of Jp.vestigation, is to affect dedicat~d_ arld)~~~sive investigative, preventative, and general law enforcement efforts primarily with regard to the investigation of offenses relating to illicit narcotics trafficking, prostitution, and organized crime. The Metropolitan Bureau of Investigation efforts shall include, but are not limited to, the creation of a intelligence database of organizations engaging in the aforementioned activity; the surveillance of those identified target organizations; undercover operations designed to detect the illegal 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. ,~ C'I 'i." Nothing herein shall otherwise limit the ability of participating Metropolitan Bureau of Investigation 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 Metropolitan Bureau of Investigation efforts, with the operations of the Metropolitan Bureau of Investigation being coordinated with FDLE and other agency members. JURISDICTION, PROCEDURES FOR REQUESTING ASSISTANCE, COMMAND AND SUPERVISORY RESPONSIBILITY: Jurisdiction: The principal site of Metropolitan Bureau of Investigation activity shall be in Orange and Osceola Counties, Florida. When engaged in Metropolitan Bureau of Investigation operations that have been approved by the Florida Department of Law Enforcement, as contemplated by this Agreement, Metropolitan Bureau of Investigation members that do not otherwise have jurisdictional authority shall enjoy full jurisdictional authority anywhere in the State of Florida, although principally focused within the region, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement. Officers assigned to Metropolitan Bureau of Investigation operations pursuant to this agreement shall be empowered to render enforcement assistance and take enforcement action in accordance with the law and the terms of this Agreement. Execution of this agreement and continued participation by FDLE and one or more Metropolitan Bureau of Investigation member agencies shall constitute a general reciprocal, continuing request for and granting of assistance between the members of the task force which shall be considered authorized in accordance with the provisions of this Agreement. 2 No additional or specific fonnal request for assistance is required. Metropolitan Bureau of Investigation members operating outside the jurisdiction of their respective Agencies shall not enjoy extra-jurisdictional authority as law enforcement officers unless engaged in approved Metropolitan Bureall of Investigation activities as stated herein, The parties to this Agreement recognize that any extension of jurisdictional authority beyond the territorial bounds conferred upon them pursuant to the Metropolitan Bureau of Investigation Guidelines (revised September 4,2002) 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 Metropolitan Bureau of Investigation shall, when engaging in authorized mutual cooperation and assistance pursuant to , ..this Agreement, have the same powers, duties, rights; privilege.s,and i~WJities_,-~jf"the:, employees were performing duties inside the political subdivision in which the employee is nonnaIlyemployed. ; . . ; ~..... ; ~ ' 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 Metropolitan Bureau of Investigation 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 Metropolitan Bureau of Investigation employee or agent shall engage in activities outside the jurisdictional territory of the Metropolitan Bureau of Investigation 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 Metropolitan Bureau of Investigation 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. Whenever an operation occurs outside the territorial limits of the FDLE Orlando Regional Operations Center, the Chief of Investigations for the FDLE office in the region affected shall be notified about the presence of Metropolitan Bureau of Investigation personnel in his or her reglOn. 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: Forfeiture actions based upon seizures made by the Metropolitan Bureau of Investigation may be pursued in either state or federal actions, Actions shall be based upon current statutory and case law. 3 EVIDENCE AND RECORDS: All evidence, including currency, seized outside the regular jurisdictional boundaries of Metropolitan Bureau of Investigation 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, , , "LIABILITY AND COST-RELATED ISSUES: . !"., ~~~i ~ }, i' 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 affect the purposes of the Metropolitan Bureau of Investigation 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 detennined 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. 4 COMPLAINTS AGAINST METROPOLITAN BUREAU OF INVESTIGATION MEMBERS: Whenever a complaint has been lodged as a result of Metropolitan Bureau of Investigation 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 evidenc;e or [pcts .~{U~y-,:!?~ ,a.~,'l.il_able" including the names and addresses of witnesses to that which has been complained about, the identity(ies) of the Metropolitan Bureau of Investigation participant(s) accused and the employing Agency(ies) of the participant(s) accused. FDLE will promptly provide to each affected employing Agency the above infonnation 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 Metropolitan Bureau of Investigation 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 Metropolitan Bureau of Investigation 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 infonnation or assistance in handling Metropolitan Bureau of Investigation generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or administrative actions derived from Metropolitan Bureau of Investigation operations are likewise to receive coordinated support efforts from Metropolitan Bureau of Investigation members. Metropolitan Bureau of Investigation supervisors shall monitor the efforts of Metropolitan Bureau of Investigation 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 Metropolitan Bureau of Investigation to assure the expected level of support from Metropolitan Bureau of Investigation members is occurring. Failure by a member of the Metropolitan Bureau of Investigation 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 METROPOLITAN BUREAU OF INVESTIGATION MEMBER: When this Agreement is fully executed, a copy shall be provided to each Metropolitan Bureau of Investigation member so that each member may be fully aware of the powers, limitations, and expectations applicable to Metropolitan Bureau of Investigation members and operations. 5 TERM OF AGREEMENT: This Agreement shall be effective as to the executing Parties upon execution by the member agencies of the Metropolitan Bureau of Investigation 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 shaH be returned to, and maintained by, the Florida '-, " ,.. Department of Law Enforcement, Mutual Aid Coordinator, P.O, Box, ~48,9, Tallahasse.e, Florid.a 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 1,2007, unless tenninated 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 aU 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: ~--'~"W/J~ Joyce Dawley Special Agent In Charge ~ /J;;t.oo V Date ' 6 Party's Acceptance of the November 15, 2004 MUTUAL AID AGREEMENT BETWEEN THE MEMBER AGENCIES OF THE METROPOLITAN BUREAU OF INVESTIGA nON AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT. Pursuant to F.S. 23.1225(3), this agreement may be entered into by an authorized representative of another law enforcement agency of the State of Florida. By signing below, an indication of such authorization is being made. "." - '.." ., Any ,signatory may attach to this,~ig~ature pl,lge any further evidence of authorization you wish to remain on file at FDLE along with this signature'page~ ' ' '.','. -,;:":1:,;,, '" .': ,'," APPROVED: ATTEST: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM this _ day of , 2005 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ,2005. UNDER AGENDA ITEM NO. FOLEY & LARDNER, LLP By: City Attorney Steven J. Goclon, Chief of Police