Fort Walton Beach Council agenda — 04-22-08 regular agenda — reading text

tM O uj LO e)  CITY COUNCIL MEETING April 22, 2008 Consent Agenda Consideration of authorization for the Police Chief to sign a Memorandum of Understanding for internet crime work Police Chief) Council Action 1 St 2nd Vote: Agenda Item Number: 4 C.,  CITTOT POICCWAL7oNBEAGX POLICE DEPARTMENT STAFF REPORT MEMORANDUM To: Joyce Shanahan, City Manager From: Ted Litschauer, Police Chief Date: April 14, 2008 Subject: FDLE — MOU - ICAC Background: The Florida Department of Law Enforcement ( FDLE) is a recipient of a Grant from the Children' s Justice Act, through the Florida Department of Children and Family, which provides funding for cases involving child sexual abuse and exploitation. The Fort Walton Beach Police Department investigates such crimes and has previously entered into a Memoranda of Understanding with FDLE as a participating agency for investigating Internet Crimes Against Children ( ICAC).Through this grant, the Fort Walton Beach Police Department agrees to continue to provide such investigative services, which we are duty bound to do. FDLE agrees to provide computer equipment and connectivity, funding, and training, as required. Please find the attached copy of a document entitled: " Florida Department of Law Enforcement Online Sexual Exploitation of Children — Memoranda of Understanding," 1 40 which is to be executed by the Police Chief. Discussion: Law Enforcement Memoranda of Understanding ( MOUs) are common and generally beneficial to all agencies concerned, for obvious reasons. This particular agreement involves activities which have previously, and currently, provided under an MOU with FDLE. The attached MOU is a replacement for one, previously signed, which will soon expire. Recommendation: I recommend that Council approve this Memoranda of Understanding and authorize me to execute it in a timely fashion. Thank you. Prepared and Submitted by: ff; 5 l aY/ /. 5'/ 2008 Ted Litschauer, Police Chief Date Rev' wed and Concur: Z/ i i2oos 4oVce anahan, City Manager Date Attachments: Mutual Aid Agreement u FDLE Florida Department of Office of Executive Director Charlie Crist, Governor Law Enforcement Post Office Box 1489 Bill McCollum, Attorney General Tallahassee, Florida 32302 -1489 Alex Sink, Chief Financial Officer Gerald M. Bailey ( 850) 410 -7001 Charles H. Bronson, Commissioner ofAgriculture Commissioner www.fdle.state.fl. us FLORIDA DEPARTMENT OF LAW ENFORCEMENT ONLINE SEXUAL EXPLOITATION OF CHILDREN MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, subject to jurisdictional and other limitations noted herein, is entered into by and between the parties ( hereinafter "Agencies ") listed on the attached Membership List to implement training, funding, and the distribution of computer equipment, as needed by the Agencies, to proactively investigate the online sexual exploitation of children. Whereas, the Florida Department of Law Enforcement is the recipient of a grant from the Children' s Justice Act through the Florida Department of Children and Families which provides funding for: 1) investigative, administrative and judicial handling of cases involving child sexual abuse and exploitation; 2) experimental, model and demonstration programs for testing innovative approaches and techniques involving child sexual abuse and exploitation; and 3) reform of State laws, ordinances and regulations, protocols and procedures to provide comprehensive protection for children from sexual abuse and exploitation , and; Whereas, the Agencies have joined together to investigate and prosecute crimes committed against children and the criminal exploitation of children committed and /or facilitated by or through the use of computers and to disrupt and dismantle organizations /individuals engaging in such activity; and Service - Integrity - Respect - Quality  Whereas, the Agencies agree to utilize applicable state and federal laws to prosecute criminal activity and take forfeiture actions against identified violators, as appropriate; Now therefore, the parties agree as follows: 1. The Agencies approve, authorize, and enter into this Memorandum of Understanding with the purpose of proactively investigating Internet crimes against children. 2. As the recipient of the grant award, the Florida Department of Law Enforcement shall implement the required training, and provide computer equipment and funding for Internet access in order to achieve the purpose of the grant award, recognizing. that some participating Agencies may not require training, funding, and equipment, or may not require the same level of training, in order to investigate Internet crimes against children. FDLE will provide lodging as needed for attendees of the training. Participating Agencies will be required to attend a minimum of eighty ( 80) hours of training identified as " Internet Crimes Against Children- Technical Assistance" and Internet Crimes Against Children- Undercover" or similar training approved by FDLE, to the extent such training has not already been completed. 3. The Agencies agree that the computer equipment and Internet connectivity provided through this MOU shall be used solely for investigating Internet Crimes Against Children. 4. When conducting undercover operations relative to Internet crimes against children, the Agencies shall adhere to the Office .of Juvenile Justice and Delinquency Prevention' s OJJDP) Internet Crimes Against Children Task Force Program Standards ( Exhibit B) in addition to state and federal laws. O 5. Personnel conducting these online investigations shall be sworn law enforcement  officers. Non -sworn technicians, analysts, and forensic technicians may support the investigation. 6. The Agencies shall assume their own liability and responsibilities for the acts, omissions, or conduct of their employees while such employees are engaged in proactive online investigations and initiatives, and shall remain responsible for the compensation, 4 retirement, workers compensation and other benefits accruing to said participating employees, pursuant to and as permitted by law. 7. The Agencies shall collect and maintain accurate records pertaining to enforcement activities and forward detailed informational reports on a monthly basis to FDLE' s Florida Computer Crime Center ( FC3), P. O. Box 1489, Tallahassee, Florida 32302; and to the appropriate Internet Crimes Against Children ( ICAC) Task Force, at the Gainesville Police Department, Polk County Sheriffs .Office, or the Broward County Sheriffs Office. Guidelines for the format and content of these reports will be provided by FDLE to participating Agencies. 8. The Agencies shall participate fully in any audits required by the Children' s Justice Act. 9. The Agencies shall make a reasonable effort to be represented at all scheduled- Internet Crimes Against Children ( ICAC) Task Force meetings in their respective area in order to share information and resources among other Task Force members. 10. Nothing in this agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of a law enforcement agency. 11. . FDLE anticipates that this Memorandum of Understanding will be signed by participating Agencies in sufficient time to allow those Agencies needing the training identified above at Section 2 to have completed that training on or before July 31, 2008. This Memorandum of Understanding shall become effective for any participating Agency as of the date signed by that Agency and by the Commissioner of the