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HomeMy WebLinkAboutReso 2021-3275RESOLUTION NO. 2021-�� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUNNY ISLES BEACH, BY AND THROUGH ITS POLICE DEPARTMENT, AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE PURPOSE OF FACILITATING INVESTIGATIONS OF CERTAIN POLICE RELATED INCIDENTS, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CHIEF OF POLICE TO EXECUTE SAID MEMORANDUM OF UNDERSTANDING; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, his Memorandum of Understanding ("MOU") has been jointly developed by the participating agencies in an effort to outline the working relationship between the City of Sunny Isles Beach ("City"), by and through its Police Department ("SIBPD"), and the Florida Department of Law Enforcement ("FDLE"), whereby the FDLE will assume the investigations of the following events: • The shooting of a person by SIBPD law enforcement officer acting in the line of duty; • The death of an arrestee while in the care, custody, or control of a SIBPD law enforcement officer; • The death of an arrestee shortly after being in the care, custody, or control of a SIBPD law enforcement officer; or • The death of an intended arrestee during an arrest attempt by a SIBPD law enforcement officer; and WHEREAS, this MOU has been carefully developed with the active participation of each agency, including their legal representatives, with the intention of providing important transparency to the investigations of these serious situations, thus ensuring the completion of an objective investigative report; and WHEREAS, a similar MOU has recently been entered into by FDLE and Miami -Dade County ("County") and various County municipalities for the investigation of their respective Police Department police involved shootings and in -custody deaths; and WHEREAS, the transparency of these investigations is important for the respective agencies who are parties to this MOU, the involved law enforcement officers, the subject's family, and ultimately, the entire City community; and WHEREAS, the City Commission wishes to approve the Memorandum of Understanding with the Florida Department of Law Enforcement for the aforementioned police involved incidents, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: @BCL@B405AC9E.doc Page 1 of 2 Section 1. Approval of Memorandum of Understanding. The City Commission hereby approves the Memorandum of Understanding with the Florida Department of Law Enforcement for the aforementioned police involved incidents, attached hereto as Exhibit "A". Section 2. Authorization of Police Chief. The City Commission hereby authorizes the Chief of Police to execute said Memorandum of Understanding. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of December 2021. Dana Robin Goldman, Mayor ATTEST:APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mauricio Beta cur, CM , City Clerk Edward A. Dion, City Attorney Moved by: 14—CE Seconded by: 6" Vote: Mayor Goldman ✓ (Yes) (No) Vice Mayor Viscarra ✓ (Yes) (No) Commissioner Lama Yes) (No) Commissioner Rabinovich es) (No) Commissioner Stuyvesant (Yes) (No) @BCL@B405AC9E.doc Page 2 of 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the City of Sunny Isles, Florida, (City), by and through its police department, the City of Sunny Isles Police Department (SIPD) 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 SIPD 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 SIPD law enforcement officer, the death of an arrestee shortly after being in the care, custody or control of a SIPD law enforcement officer or the death of an intended arrestee during an arrest attempt by a SIPD law enforcement officer. 2. Upon the occurrence of any of the enumerated predicate events, the ranking SIPD 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 SIPD 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 SIPD 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 SIPD member will ensure that arrested persons at the scene are detained pending the arrival of the FDLE Critical Incident Team. The SIPD 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 SIPD 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 SIPD member will also coordinate with local law enforcement in any necessary crowd control efforts. 4. Upon receipt of notification from the SIPD 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 FDLE Officer Involved Shootings and In -Custody Death Incidents, which are incorporated herein by reference. FDLE, in conjunction with SIPD, 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. FDLE will be the lead agency, in consultation with the State Attorney's Office, responsible for conducting all interviews and sworn statements of witnesses and subject officers. 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 SIPD personnel or personnel from other law enforcement agencies. 6. The SIPD 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 SIPD. No documentation, whether internal report or statement authored or obtained by SIPD personnel involved in the subject incident that has been provided to the SIPD 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 SIPD'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 SIPD 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 SIPD 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 Sunn1y Isles, by and through its police department, STPD, and Federal Law Enforce ncies or municipal police departments as it relates to Police Use of Deadl , ations. For FDLE: Aomecity: q.� _ 0 qjy(/ Kichard L. Swearingen, Commissioner Florida Department of Law Enforcement Date: ZZ Michael A. Grandinetti x /Chief of Police Date: f A 193 � �F • p,9�_t�`4, ��r �frT' QF suN h�y4 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Michael Grandinetti, Interim Police Chief DATE: December 16, 2021 RE: Approval of a Memorandum of Understanding with the Florida Departmeni of Law Enforcement Deaths in Custody and Police Shootings RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: In an effort to achieve complete transparency regarding police custody deaths or police involved shootings we seek to enter into a Memorandum of Understanding with the Florida Department of La\n Enforcement for investigating the aforementioned events. The MOU would allow FDLE to initiat, investigative and forensic involvement, assistance or coordination of the predicate events. FDLE woulc ultimately be responsible for presenting the investigative findings to the State Attorney for review. This would allow for a completely independent investigation into each of the predicate events. ATTACHMENTS: Resolution Memorandum of Understanding Item Number: 10.1)