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