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2013-03 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the CLERMONT PD and the Florida Department of Law Enforcement, in furtherance of their respective duties under law for the purpose of facilitating investigations of incidents as descnbed hereafter The CLERMONT PD and the Florida Department of Law Enforcement (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 an CLERMONT PD law enforcement officer acting in the line of duty, or b The death of an CLERMONT PD arrestee while in the care, custody or control of an law enforcement officer, the death of an arrestee shortly after being in care, custody or control of an law enforcement officer or the death of an intended arrestee during an arrest attempt by an CLERMONT PD law enforcement officer 2 Upon the occurrence of any of the enumerated predicate events, the ranking CLERMONT PD member on the scene will insure that emergency medical services are provided to injured persons and that a secure cnme 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 CLERMONT PD member will then insure that the Orlando Regional Operations Center is promptly contacted and requested to dispatch an FDLE Critical Incident Team to initiate an investigation 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 CLERMONT PD member will insure that the scene remains secured, that physical evidence and documentation is protected nd preserved and that all law enforcement and citizen witnesses are identified and separated pending initial interview If feasible, the ranking CLERMONT PD member will insure that arrested persons at the scene are detained pendm the arrival of the FDLE Critical Incident Team The ranking CLERMONT Pp member will also provide any assistance requested by FDLE during and after the on-scene investigation has been concluded, such as additional election of evidence from suspects, vehicles, or involved law enforcement personnel, as well as the securing of other evidence such as radio communications tees The ranking CLERMONT PD member will also coordinate with local law enforcement in any necessary crowd control efforts 4 Upon receipt of notification from CLERMONT PD that any of the enumerated predicate events have occurred, the appropriate FDLE Regional Director or designee will immediately implement an investigation pursuant to FDLE Procedures governing Use of Force/Investigations Concerning the Use of Deadly or Other Force by a Law Enforcement Officer and Incidents of In Custody Death, which are incorporated herein by reference FDLE will promptly coordinate the dispatch of the Cntical Incident Team together with the appropriate crime laboratory 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 CLERMONT PD personnel or personnel from other law enforcement agencies 6 CLERMONT PD 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 criminal investigative efforts take precedence over any internal or administrative investigations conducted by CLERMONT PD. No internal report or statement authored or obtained by CLERMONT PD personnel involved in the subject incident that has been provided to CLERMONT PD 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 Pn FDLE's investigations To help assure that the criminal investigation is not impeded or negatively affected by Internal or administrative investigative efforts, CLERMONT PD internal or administrative investigation shall be initiated oily after the criminal investigative efforts have been concluded or when othefwise specifically authorized by the FDLE's investigative team 7 The parties agree that CLERMONT PD may issue initial press statements acknowledging an incident, reporjtmg 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 summanes to the State Attorney having junsdiction over the case and to CLERMONT PD 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 8 FDLE will submit all final reports to the State Attorney for review FDLE will report the material factual findings of the investigative but will not offer recommendations or reach legal conclusions concerning whether the force used, if any, was justified 9 The parties acknowledge that the Office of the State Attorney or another law enforcement agency may assert pnmary junsdiction and responsibility of investigations such as are contemplated in this Memorandum of Understanding Absent the consent of the agency with pnmary jurisdiction, FDLE and CLERMONT PD will defer to that agency and refrain from participation in the investigation of the incident, but FDLE will provide forensic assistance as requested by the lead investigating agency 10 [his 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 the attached to the original of this agreement i I This agreement shall become effective on the date signed by the FDLE Special Agent in Charge and may be terminated upon thirty (30) days notice by mutual agreement of the parties 12 Unless unforeseen circumstances arise, FDLE shall complete the investigation and submit the case packet to the Office of the State Attorney within forty-five (45) days Danny Banks, Special Agent in Charge Date .i .17 1 /23/ f Chief Charles Broadway Date Clermont Police Department