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2013-942013-94A MEMORANDUM OF UNE ERSTANDING This Memorandum of Understanding is between I he State Attorney's Office of the Fifth Judicial Circuit and the Clermont Police Department, and remains in effect until otherwise vacated. 1. PURPOSE This MOU will establish policy and procedure for the recpt of electronic subpoenas, which are defined as subpoenas delivered by electronic means such 0 electronic mail ("email"). Sending agency personnel subpoenas via email will increase the efficiency of the State Attorney's Office and the Clermont Police Department; however, it is imperative that Clermont Police Department personnel comply with the emailed subpoenas for the practice to be effective. It will be necessary for agency personnel likely to receive subpoenas from the State Attorney's Office to monitor their agency email in a responsible manner. ❑. POLICY A. The Clermont Police Department will accept electronic subpoenas from the Florida Fifth Judicial Circuit State Attorney's Offices using the Clermont Police Department email system. Only electronic subpoenas for current employeeskhembers of the Clermont Police Department will be accepted and forwarded. If an electronic subpoena is received for an employee/member of the Clermont Police Department who is no longer employed with the Clermont Police Department, the employee in charge of reviewing and forwarding the electronic subpoena (hereinafter referred to as designated employee) shall contact the office from which the electronic subpoena originated and make that office aware of this fact. B. A designated email account address will be provided to the State Attorney's Office for electronic subpoena use. C. Agency personnel will accept and comply with electronic subpoenas issued by the Fifth Circuit State Attorney's Office in the same manner as properly served paper subpoenas. D. Agency personnel will be accountable for compliance with electronic subpoenas and will be disciplined for failure to comply with an electronic subpoena in a manner deemed appropriate by the Clermont Police Department, III. PROCEDURE A. RECEIPT OF ELECTRONIC SUBPOENAS l . A designated employee of the Clermont Police Department will check electronic mail each work day and will accept legitimate subpoenas from the State Attorney's Office. To determine if a subpoena is legitimate, the designated employee will: a. Ensure the email is from a designated or known email address registered to the State Attorney's Office. b. Observe the attached document file name to ensure it is a mostly likely a normal document file. (Files with ".exe" or ".zip" should not be accepted.) c. If circumstances warrant, revi the attached document to ensure: 1) It is titled as a subpoe 2) A court case number ij provided in the header. 3) The person being subpenaed is a current member/employee of this agency. 4) The appearance date ar,d location is included. 5) The issuing State Attorney and Assistant State Attorney's name and Florida Bar number is !included. 2. After determining an electronic subpoena is legitimate, the designated employee will forward the electronic subpoena to the member/employee with a return receipt This should occur the same day it is received. If the electronic subpoena is not legitimate and acceptable, the sender will be contacted and so advised. A record will be retained of such transactions. B. RECIPIENT RESPONSIBILITIES Agency personnel receiving electronic subpoenas will: I. Open the email and document upon receipt, or as soon as practical. 2. Comply with the subpoena. This may include a requirement m contact the State Attorney's Office for further instructions or to confirm receipt. 3. Contact the designated employee of Clermont Police Department if there are any technical issues or missing documents. 4. Contact the State Attorney's Office immediately if he/she is unable to comply with the subpoena. Signed on the day of'�'—`-' 4 ' 2g.}2, Agency Representative (signature Agency Representative (printed) Clermont Police Department Clermont Police Department Signed on the day of , 2012. Brad King State Attorney, Fifth Judicial Circuit