Fort Walton Beach Council agenda — 06-08-2010 Regular — reading text

Operational and Investigative standards of the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. Member agencies must understand and comply with the standards, which are proprietary to the National Internet Crimes Against Children Working Group. A copy of these standards has been provided to each participating agency executing this Agreement by the Gainesville Police Department. All participants acknowledge that the Task Force is a joint operation in which all agencies act as partners. The chain of command and supervision Gainesville Police Department, of the Investigations Bureau is responsible for the policy and general direction of the ICAC. The ICAC Commander will periodically contact supervisors and investigators from other participating agencies to keep them informed of training opportunities, unusual circumstances, problems and successes of the ICAC. VI. RESPONSIBILITIES A. City of Gainesville agrees to perform the following actions Act as the North Florida ICAC Task Force Agency, and as such will adhere to the related duties described in the ICAC Operational and Investigative Standards. Provide statistical data to the OJJDP in the form of monthly data submissions, and quarterly Case Tracker data. Host quarterly training session with equal focus on the task force issues and information sharing. Provide training and equipment for affiliates through the issuing of subgrants and individual equipment purchases. B. The undersigned affiliate agency agrees to perform the following actions Adhere to the ICAC Operational and Investigative Standards, as provided with this application. 2010 North Florida. ICAC Task Force MOU Page 2 of 4 Printed: 5/ 17/ 2010 16  15th Submit statistics through web -based data portal every 30 days, no later than the day of the following month. Provide Case Tracker information if affiliate is a recipient of $20, 000 of ICAC funding in a 12 -month grant cycle. This includes American Recovery and Reinvestment Act funds. VII. [ VESTIGATIVE DIRECTIVES A. Seized evidence Seized evidence and any other related forfeitures must be handled in a manner consistent with the policies of the case agent' s agency. B. Records and reports Each task force member will maintain local agency records and reports. To the extent possible, all investigative information will be available to each of the participating law enforcement agencies as it pertains to investigations of Internet and technology facilitated child exploitation crimes with the approval of the agency that authored the record or report. The Agencies shall education, and enforcement collect and maintain accurate records pertaining to prevention, and forward detailed informational reports on a monthly basis in a format prescribed activities, by the ICAC Commander and concurred with by the participant agencies. C. Confidential information It is understood that any confidential information pertaining to investigations of Internet and technology facilitated child exploitation crimes will be held in the strictest confidence, and will only be shared with participating ICAC members or other law enforcement agencies where necessary with the approval of the agency that authored the record or produced the information or as otherwise required by federal or Florida law. Any confidential information disclosed to ICAC task force members or other law enforcement agencies shall be disclosed in a manner consistent with protections afforded under federal or Florida law. D. Media relations Individual members affiliated with the ICAC program may not speak on behalf of the ICAC Program as a whole, but may speak to members of the media about their own departments' ICAC -related activities. VIII. LIABILITY Subject to the provisions of § 768. 28, F. S., or federal equivalent, as is appropriate to the agency, each agency shall assume the responsibility and liability, if any, for the acts and omissions of its own officers, agents or employees in connection with the performance of their official duties under this MOU. IX. NOTICE AND CONTACT A. Term of agreement It is agreed that this MOU will be in force from the date of the last signing of this document, to be modified only through mutual agreement, or to be terminated at any time by the partnering 2010 North Florida ICAC Task Force MOU Page 3 of 4 Printed: 5/ 17/ 2010 17  agency by delivering a written notice of termination by the initiating party. The City of Gainesville will in turn notify all other participating agencies of the change in affiliate status. An agency' s termination of its involvement in ICAC will not negate the remaining agencies' participation and agreement under the MOU. Should any intended law enforcement activity conducted pursuant to this MOU conflict with any statute, regulation, or agency policy, the aforementioned statute, regulation, or agency policy shall take precedence and ICAC shall be so notified. B. The name and address of the City of Gainesville representative for this MOU Detective John Madsen Gainesville Police Department Criminal Investigations Division 721 NW 6th St Gainesville, FL 32602 352. 334. 2561 madsenja@cityofgainesville.org C. The name and address of the Fort Walton Beach Police Department representative for this MOU Sgt. Curt Pond Fort Walton Beach Police Department Criminal Investigations Divison 7 NE Hollywood Blvd. Fort Walton Beach, FL 32548 8508339667 cpond@fwb. org X. SIGNATURES IN WITNESS WHEREOF, the authorized representatives of the participating agencies execute this Memorandum of Understanding on the dates indicated. GAINESVILLE POLICE DEPARTMENT FORT WALTON BEACH POLICE DEPARTMENT Tony R. Jones Date Ted Litschauer Date Chief of Police Chief of Police APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM Ronald D. Combs Date Date Sr. Assistant City Attorney 2010 North Florida ICAC Task Force MOU Page 4 of 4 Printed: 5/ 17/ 2010 18  Page l of 2 Carole Jones 13m: Jeanette M. Wright Sent: Thursday, June 03, 2010 10: 45 AM To: Carole Jones Subject: FW: Staff Report Memorandum /Agenda Attachments: BLue Form . doc; srm5212010. doc; BLue Form2 . doc; srm5262010. doc Jeanette `Y i$ fit Police Administrative Coordinator Ft. Walton Beach Police Dept. 850 -833 -9547 Original Message---- - From: Toni Craig [ ma ilto: ton i @tonicraig. info] Sent: Tuesday, June 01, 2010 7: 53 AM To: Jeanette M. Wright Subject: FW: Staff Report Memorandum /Agenda Jeanette signed the blue forms; these agreements are sufficient. Toni L. Craig Attorney Fla Bar No 115444 Board Certified, City, County, Local Government Law PO Box 2917 105 Lewis Street Suite 102 Fort Walton Beach FL 32549 850) 243 -6969 Fax: ( 850) 244 -8929 www_tonicraig.info Marital & Family Law Local Government Law CONFIDENTIALITY NOTICE: This email is intended only for the use of the addressee. If you received this email in error, please notify me immediately, delete the email from your computer and do not copy or disclose it to anyone else. If ou are not an existing client of Toni L. Craig, Attorney at Law, do not construe anything in this email as legal advice or to make you a client. Do not disclose anything to me in any reply that you expect to be kept confidential. ii you are a client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. From: Jeanette M. Wright [ mailto:jwright@fwb. org] Sent: Friday, May 28, 2010 1: 22 PM To: TONI @TONICRAIG. INFO Subject: Staff Report Memorandum /Agenda Ms. Craig, PIS -- e find the following attached regarding the City Council Meeting scheduled for June 8, 2010: Aghda Item ( blue form) for the Memorandum of Understanding with NFLICAC Agenda Item ( blue form) for the Operational Letter of Understanding_ Please let me know if you require anything further, or have any questions in regards to the above. 19 6i'; i ? ni n This page is left intentionally blank 20  CITY COUNCIL MEETING June 8, 2010 Consent Agenda Operational Letter of Understanding Synopsis: Creates an OLUwith the San Bernardino County CA Sheriff's Officefor participation in the IRNET and PENS wire intercept systems Agenda Item Number: 8. 3 CITY OF FORT WALTON BEACH POLICE DEPARTMENT STAFF REPORT MEMORANDUM TO: Robert T. Mearns, City Manager FROM: Ted Litschauer Chief of Police DATE: May 26, 2010 REF: Operational Letter of Understanding 1. BACKGROUND: 1. 1 The Fort Walton Beach Police Department ( FWBPD), as well as other municipal, county and state law enforcement agencies throughout the nation, conduct covert operations in order to identify, apprehend, and prosecute individuals involved in illegal activity. 1. 2 Often, these covert activities require the use of telephonic intercept and recording activities. 1. 3 Much of the equipment required to conduct such investigative activities is expensive. Automated recording and tracking hardware and software are among the more expensive. 1. 4 The San Bernardino County Sheriff' s Department ( SBCSD), California, has invested significant funds in establishing a network which performs such tasks. Their automated networks are referred to as IRNET and PENS. 1. 5 Because of the capacity available within their system, and their willingness to assist other law enforcement agencies throughout the nation, the San Bernardino County Sheriff' s Department enters into Operational Letters of Understanding ( OLU) with various law enforcement agencies throughout the nation in reference to their wire /pen connections. 1. 6 SBCSD willingly enters into these agreements at no charge. 1. 7 The Operational Letter of Understanding does indicate that the Fort Walton Beach Police Department would be