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Reso 2021-3275
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Reso 2021-3275
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Last modified
1/10/2022 12:00:13 PM
Creation date
1/10/2022 11:58:09 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3275
Date (mm/dd/yyyy)
12/16/2021
Description
Memorandum btwn SIB PD & Florida Dept. of Law Enforcement for the purpose of facilitating investigations of certain police related incidents.
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4. Upon receipt of notification from the SIPD that any of the enumerated predicate <br />events have occurred, the appropriate FDLE Special Agent in Charge or designee will <br />immediately implement an investigation pursuant to FDLE Procedures governing FDLE <br />investigations of FDLE Officer Involved Shootings and In -Custody Death Incidents, <br />which are incorporated herein by reference. FDLE, in conjunction with SIPD, will <br />promptly coordinate the dispatch of the Critical incident Team together with the <br />appropriate crime scene personnel, medical examiner personnel, State Attorney <br />personnel and any additional law enforcement personnel which are required. FDLE will <br />be the lead agency, in consultation with the State Attorney's Office, responsible for <br />conducting all interviews and sworn statements of witnesses and subject officers. <br />5. FDLE will assume operational direction of investigations and forensic assistance <br />or coordination initiated pursuant to this Memorandum of Understanding. FDLE may <br />request the assistance of SIPD personnel or personnel from other law enforcement <br />agencies. <br />6. The SIPD will retain overall direction and responsibility for any internal or <br />administrative investigations initiated in response to the occurrence of any of the <br />enumerated predicate events. However, the parties agree that the criminal investigative <br />efforts take precedence over any internal or administrative investigations conducted by <br />the SIPD. No documentation, whether internal report or statement authored or obtained <br />by SIPD personnel involved in the subject incident that has been provided to the SIPD <br />under order or policy, shall be provided, or its contents revealed, to the criminal <br />investigative team or the prosecutor until such time as the criminal investigative team <br />and the FDLE Office of General Counsel agree that the criminal investigation will not be <br />adversely impacted by any potential for immunity that may attach to any such <br />statement. The criminal investigative team and the FDLE Office of General Counsel <br />may consult with the prosecutor to determine whether such statement may adversely <br />impact any subsequent criminal prosecution. However, the criminal investigative team <br />and the FDLE Office of General Counsel will make the final determination regarding use <br />of such statements in FDLE's investigation. To help assure that the criminal <br />investigation is not impeded or negatively affected by internal or administrative <br />investigative efforts, the SIPD's internal or administrative investigation shall be initiated <br />only after the criminal investigative efforts have been concluded or when otherwise <br />specifically authorized by the FDLE's investigative team. <br />7. The parties agree that the SIPD may issue initial press statements <br />acknowledging an incident, reporting the status of the law enforcement officer(s) <br />involved in the incident, and referral to the investigative process. At the appropriate <br />stage(s) of an investigation initiated under this Memorandum of Understanding, FDLE <br />will forward copies of all investigative reports and investigative summaries to the State <br />Attorney having jurisdiction over the case and to the SIPD for review. Transmittal of <br />reports and summaries will be done so as to preserve any applicable exemptions from <br />public disclosure and to maintain any confidentiality of information that may apply. Any <br />press release related to investigative activities and responses to public records requests <br />
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