Agenda Item 4CAGENDA ITEM # 4C
DECEMBER 12, 2011
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Voluntary Cooperation Mutual Aid Agreement - Child Abduction
Response Team (CART)
DATE: December 1, 2011
SUBMITTED BY: Michael D. Classer- Chief of Police
BACKGROUND:
The purpose of this staff report is to request authorization for the Police Department to
participate on the Northeast Florida Child Abduction Response Team and to authorize the
Chief of Police to sign the attached Mutual Aid Agreement.
The purpose of the agreement is to allow law enforcement agencies to provide resources and
assistance in the event of a child abduction in one of the respective jurisdictions. When a child
is abducted, there is a great deal of manpower necessary to follow up on leads, conduct
searches, and coordinate the investigation. Very few agencies have sufficient resources to
perform all of the necessary functions within a short period of time.
The purpose of this agreement is to establish a multi jurisdictional Child Abduction Response
Team. In the event that one of the agencies has a child abduction, the other agencies have a
mechanism in place to provide manpower and resources to assist in the investigation. By
pooling their resources, all of the agencies can benefit in the event of an abduction.
Atlantic Beach has been fortunate, and we have not had a child abducted by a stranger in
many years. However, we have had several close calls when people attempted to abduct
children in our city. The CART will provide resources for us in the event that we ever have a
child abduction. In addition, Atlantic Beach personnel will assist other agencies in the event
that they have a child abduction.
Virtually every agency in northeast Florida has agreed to participate in the CART.
BUDGET: None
RECOMMENDATIONS: To authorize the Chief of Police to sign the attached
agreement for the Police Department to participate in the local Child Abduction Response
Team.
ATTACHMENTS: Copy of Proposed Agreement
REVIEWED BY CITY MANAGER:
AGENDA ITEM # 4C
DECEMBER 12, 2011
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
AMONG AGENCIES IN THE NORTHEAST FLORIDA AREA AND THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
TO CORM A CHILD ABDUCTION RESPONSE TEAM
WHEREAS, the below subscribed law enforcement agencies have joined together in a multi -
jurisdictional effort to rescue abducted children and under appropriate circumstances allocate
their resources to missing /endangered children cases; and
WHEREAS, the undersigned agencies are all participants in a multi - agency effort known
collectively as the Northeast Florida Area Child Abduction Response Team (CART); and
WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and
WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a voluntary agreement for cooperation and
assistance of a routine law enforcement nature that crosses jurisdictional lines; and
WHEREAS, the subscribing law enforcement agencies are so located in relation to each other
that it is to the advantage of each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to continuing, multi jurisdictional
criminal activity, so as to protect the public peace and safety, and preserve the lives and property
of the citizens; and
WHEREAS, this agreement does not supersede or take the place of any other agreement entered
into by the various members of the Children Abduction Response Team. Those agreements shall
remain in full effect.
NOW THEREFORE, the parties agree as follows:
As acknowledged by their execution of this Agreement, each of the undersigned law enforcement
agencies approve, authorize and enter into this Agreement, subject to the terms and conditions
noted herein, for the purposes and goals' indicated.
Parties To This Agreement:
Florida Department of Law Enforcement (FDLE) — Jacksonville
Office of the State Attorney - Fourth Judicial Circuit
Office of the State Attorney - Fifth Judicial Circuit
Office of the State Attorney - Seventh Judicial Circuit
Office of the State Attorney - Eighth Judicial Circuit
Alachua County Sheriff s Office
Baker County Sheriffs Office
Bradford County Sheriffs Office
Clay County Sheriffs Office
0Z /Z0 39dd PS69PE9006 LS :TT ZZOZ /0E/ZZ
AGENDA ITEM # 4C
DECEMBER 12, 2011
Flagler County Sheriffs Office
Gilchrist County Sheriffs Office
Jacksonville Sheriffs Office
Levy County Sheriffs Office
Marion County Sheriffs Office
Nassau County Sheriffs Office
Putnam County Sheriffs Office
St. Johns County Sheriffs Office
Union County Sheriffs Office
Alachua Police Department
Atlantic Beach Police Department
Cedar ley Police Department
Chief.and Police Department
Dunnellon Police Department
Duval County School Board Police
Fernandina Beach Police Department
Flagler Beach Police Department
Florida School for the Deaf and Blind Police Department
Gainesville Police Department
Green Cove Springs Police Department
High Springs Police Department
Inglis Police Department
Jacksonville Airport Police
Jacksonville Beach Police Depamnent
Lawtey Police Department
Neptune Beach Police Department
Ocala Police Department
Orange Park Police Department
Palatka Police Department
St. Augustine Police Department
St. Augustine Beach Police Department
Starke Police Department
Trenton Police Department
University of Florida Police Department
University of Nordl Florida Police Department
Williston Police Department
Federal Bureau of Investigation — Jacksonville
Naval Criminal Investigative Service
Additional parties may, at the request and with the approval of FDLE and the other Child
Abduction Response Team members, enter into this Agreement at a later date as evidenced by
their signing of this Agreement. Any party may cancel its participation in this Agreement upon
delivery of written notice of cancellation to the Florida Department of Law Enforcement.
CHILD ABDUCTION RESPONSE TEAM PRIMARY GOAL AND STATEMENT OF
COOPERATION TO BE RENDERED:
The primary goal of the Child Abduction Response Team is to provide a pool of specialized
investigators which are available to focus dedicated and intensive investigative, preventative, and
general law enforcement efforts primarily with regard to cases involving abducted children. To
2
0Z /E0 119vd b969VE9b06 L9 :11 ZZOZ /OE /ZL
AGENDA ITEM # 4C
DECEMBER 12, 2011
provide for voluntary cooperation, each of the Child Abduction Response Team agencies hereby
approve and enter into this agreement whereby each of the agencies may request and render law
enforcement assistance to Child Abduction Response Team member agencies, or others, in
dealing with any violations of law including, but not limited to, the investigation, arrest and
prosecution of those involved in criminal child kidnapping, abduction, false imprisonment and
similar or related violations (utilizing state and federal lave and prosecutions, as appropriate); the
rescue of the abducted child or children and the seizure and forfeiture of assets of those engaged
in child abduction or otherwise supporting such activity ( utiliang state and i•'ederal forfeiture
options, as appropriate).
Nothing herein shall otherwise limit the ability of participating Child Abduction Response Team
members to provide, as provided by or allowed by lave, such assistance in any enforcement action
as may be lawfully requested by a law enforcement officer having jurisdiction over an incident,
crime or matter under consideration.
The Parties to this Agreement are contributing personnel and resources in support of the Child
Abduction Response Team efforts, with the operations of the Child Abduction Response 'Team
being coordinated with FDLE and other agency members.
JURISDICTION, PROCEDURES FOR REQUESTING ASSISTANCE, SUPERVISION:
Jurisdiction The principal site of the Northeast Florida Area Child Abduction Response Team
activity shall be in the thirteen counties serviced by the FDLE Jacksonville Regional Operations
Center, to wit: Alachua; Baker, Bradford, Clay, Duval, Flagler, Crilchrist, Levy, Marion, Nassau,
Putnam, St. Johns, and Union. When engaged in Child Abduction Response Team operations
that have been approved by the FDLE, as contemplated by this Agreement, Child Abduction
Response Team members whom do not otherwise have jurisdictional authority outside of their
normal area of operations, shall enjoy full jurisdictional authority anywhere in the State of
Florida, although principally focused within the above thirteen county region, with full power to
enforce Florida laws and avail themselves of the provisions of this Agreement. Officers assigned
to Child Abduction Response Team operations pursuant to this agreement shall be empowered to
render enforcement assistance and take enforcement action in accordance with the law and the
terms of this Agreement. Execution of this agreement and continued participation by FDLE and
one or more Child Abduction Response 'Team member agencies shall constitute a general
reciprocal, continuing request for and granting of assistance between the members of the Team
that shall be considered authorized in accordance with the provisions of this Agreement. No
additional or specific formal request for assistance is required. Child Abduction Response Team
members operating outside the jurisdiction of their respective Agencies shall not enjoy extra -
jurisdictional authority as law enforcement officers unless engaged in approved Child Abduction
Response Team activities as stated herein. Pursuant to Section 23.127(1), Florida Statutes,
employees and agents of the undersigned Agencies participating in the Child Abduction
Response Team shall, when engaging in authorized mutual cooperation and assistance pursuant
to this Agreement, have the same powers, duties, rights, privileges and immunities as if the
employees were performing duties inside the political subdivision in which the employee is
normally employed.
Procedures for Re uestin • and Authorizing Assistance: Activities shall be considered
authorized only when approved and directed as provided herein by an FDLE supervisor or FDLL
designee. The CART will normally function as a force multiplier for the requesting agency, and
the requesting agency will remain as the lead agency in overall control of the investigation,
3
OZ /00 39VJ 0969VE9006 LS:TT TTOZ /OE /TT
AGENDA ITEM # 4C
DECEMBER 12, 2011
unless the requesting agency has formally asked that the CART, under FDLE supervision or
other FDLE approved supervision, assume control of the investigation. The parties stipulate that
in the event that a significant investigative or jurisdictional dispute should arise, the issue will
immediately be forwarded to the relevant agency chief executives for resolution. if at anytime an
FDLE supervisor or FDLE special agent designee determines that an extra - territorial Child
Abduction Response: Team operation pursuant to this agreement should be terminated, said
operation is to be promptly terminated in a manner assuring the safety of all involved law
enforcement officers.
No Child Abduction Response Team member or agent shall engage in activities outside their
normal jurisdictional territory, pursuant to the authority of this Agreement, that are not approved,
are unreported or are otherwise unknown to the FDLE supervisor or FDLE designee and which
are not documented as provided herein. The FDLE supervisor or FDLE designee shall maintain
documentation that will demonstrate the daily participation of specific employees or agents
provided by the Parties to this Agreement, including each operation's supervisor or designated
leader. Such documentation will assist in memorializing which individuals had mutual aid
authority pursuant to this Agreement for particular time periods.
After consultation with other participating Child Abduction Response Team agencies, FDLE may
request that a particular employee or agent of the Child Abduction Response Team no longer be
allowed to participate in furtherance of this provision of the Agreement. Upon receiving the
request, the employing Agency shall promptly terminate said person's participation in the
activities contemplated by this provision of the Agreement. Upon the request of the chief
executive of the lead investigative agency in whose jurisdiction the incident occurred that a
sworn or support member of the,FDLE no longer participate in the Child Abduction Response
Team, FDLE shall promptly terminate that member's participation in the Team's activities
relating to that incident. Upon the request of another participating agency that a sworn or support
member of the FDLE no longer participate in the Child Abduction Response Team, FDLE shall,
if otherwise in 1 DLE's best interest to do so, terminate said member's participation in the Child
Abduction Response Team. With the approval of FDLE, a Party to this Agreement may
otherwise add, substitute, reinstate, or replace any of its sworn or support employees participating
in the Child Abduction Response Team.
Whenever an operation occurs outside the territorial limits of the FDLE Jacksonville Region, an
,Assistant Special Agent in Charge (ASAC) for the FDLE office in the region affected shall be
notified about the presence of Northeast Florida Area Child Abduction Response Team personnel
in his or her region. Local law enforcement in the area of operation will also be notified.
Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an
employee as a member of the employee's Agency.
OPERATIONAL PROCEDURES
The operation of the CART will be subject to the oversight of Steering Committee. Membership
of the Steering Committee shall be comprised of the Chief Executive of each signatory agency
(or designee), along with the Special Agent in Charge of the FDLE Jacksonville Region (or
designee.) The Steering Committee may establish operational procedures and/or response
protocols regarding the use and deployment of the CART.
0t/90 39d8 0969PE9006 z9 :11 TTOZ /0E /it
AGENDA ITEM # 4C
DECEMBER 12, 2011
FORFEITURE ACTIONS ARISING FROM THIS AGREEMENT:
Forfeiture actions based upon seizures made by the Child Abduction Response Team may be
pursued in either state or federal actions. Actions shall be based upon current statutory and case
law. Distribution of the proceeds shall be shared equitably among the participating agencies, or
as otherwise determined by written agreement.
PROPERTY AND EVIDENCE:
All property and evidence, including currency, seized in connection with state violations,
pursuant to this Agreement, outside the regular jurisdictional boundaries of the Northeast Florida
Area CART, but within Florida, shall be taken into custody and processed by an FDLE Special
Agent in accordance with FDLE policy relating to the handling of property, evidence and
currency.
When such items are seized within the regular jurisdictional boundaries for the Northeast Florida
Area CART, in connection with state violations, the items may be processed and maintained by
the lead agency, an agency with jurisdiction or as otherwise agreed upon.
if and.wheu the investigation becomes a federal case or inquiry, any such property and evidence
will be taken into custody and processed by the Federal Bureau of Investigation or be handled
pursuant to their directions.
LIABILITY AND COST - RELATED ISSIMS:
Each party engaging in any mutual cooperation and assistance pursuant to this Agreement agrees
to assume its own liability and responsibility for the acts, omission, or conduct of such party's
own employees while such employees are engaged in rendering such aid, cooperation and
assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable, and subject to other relevant state and federal law.
Each party to this Agreement agrees to furnish necessary personnel, property, police equipment,
vehicles, resources and facilities to render services to each other party to this Agreement in order
to affect the purposes of the Child Abduction Response Team and agrees to bear the cost of loss
or damage to such equipment, vehicles, or property. Parties understand and agree that they will
'be responsible for their own liability and bear their own costs with regard to their property and
resources. This provision shall not preclude necessary property or resources being purchased,
funded, or provided by a participating party via the party's legally vested forfeiture funds, if
otherwise authorized by law.
Each Agency furnishing aid pursuant to this Agreement shall compensate its own employees
during the time such aid is rendered and shall defray the actual expenses of its employees while
they are rendering such aid, including any amounts, if legally applicable, that may be determined
to be due for compensation due to personal injury or death while such employees are engaged in
rendering such aid. The privileges and immunities from liability, exemption from laws,
ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary
(including overtime compensation or compensatory time), death and other benefits that apply to
the activity of an employee of an Agency when performing the employee's duties within the
territorial limits of the employee's Agency shall apply to the employee to the same degree,
manner and extent while such employee acts under this Agreement. This provision shall not
,
0Z/90 39dd b569bC9b06 L9 :ZZ ZZOZ /0E /TZ
AGENDA ITEM # 4C
DECEMBER 12, 2011
preclude payment of compensation, including overtime compensation, for its personnel utili2ing
its legally vested forfeiture funds or other funding sources to the extent allowed by law.
Each parry agrees to maintain its own comprehensive general liability insurance, professional
liability insurance, as required, and automotive liability insurance or to maintain a self-insuring
fund for the term of this Agreement in the arnounts determined by each party to adequately insure
such party's liability assumed herein. For Florida law enforcement officers, in no event shall
such coverage be less than the state statutory waiver of sovereign immunity limits. If requested,
each party agrees to provide the other parties with proof of the insurance or self - insurance
required hereunder. Federal participants will be govemed by applicable federal law or regulation
concerning the above liability issues.
COMPLAINTS AGAINST CHILD ABDUCTION RESPONSE TEAM MEMBERS:
Whenever a complaint has been lodged against state or local law enforcement CART members as
a result of their Child Abduction Response Team efforts outside their normal jurisdictional
boundaries, while acting pursuant to this Agreement, a designee of the FDLE shall ascertain at a
minimum:
The identity(ies) of the complainant(s) and an address where the complainant(s) may be
contacted, the nature of the complaint, any supporting evidence or facts as may be available,
including the names and addresses of witnesses to that which has been complained about, the
identity(ies) of the Child Abduction Response Team participant(s) accused and the employing
Agency(ies) of the participant(s) accused.
FDLE will promptly provide to each such affected employing Agency the above information for
administrative review and appropriate handling or disposition. Each affected employing Agency
shall, upon completion of said review, notify FDLE of its findings and any actions taken.
Federal agency participants will handle any complaints against their personnel while such
federal personnel are involved in CART operations.
COPY TO EACH PARTICIPATING CHILD ABDUCTION
RESPONSE TEAM MEMBER:
When this Agreement is fully executed, a copy shall be provided to each Child Abduction
Response Team member so that each member may be fully aware of the powers, limitations, and
expectations applicable to Child Abduction Response Team members and operations.
TERM OF AGREEMENT:
This Agreement shall be effective as to the executing Parties upon execution by that member
agency of the Child Abduction Response Team and the FDLE. As each additional party executes
this Agreement, it shall be effective as to the newly executing parry. This Agreement may be
duplicated for dissemination to all parties, and such duplicates shall be of the same force and
effect as the original. Execution of this Agreement may be signified by each party properly
signing a separate signature page, the original of which shall be returned to, and maintained by,
the Special Agent in Charge, Florida Department of Law Enforcement, Jacksonville Regional
Operations Center, 921 N. Davis Street, Bldg. E, Jacksonville, FL 32209.
0I /L0 39dd V969VE9b06 L9 :II II0Z /0E /II
AGENDA ITEM # 4C
DECEMBER 12, 2011
This Agreement shall remain in full-force as to all participating parties until December 31, 2014
unless terminated in writing by the FDLE as to all ot: as to individually affected parties. This
agreement may be renewed, amended, or extended only in writing. Any party may withdraw
from this Agreement upon providing written notice to FDLE.
In the event that a party agency has a change of Chief Executive Officer during the term of this
Agreement, the party agency may continue participation in the -CART for the term of this
Agreement by having the new Chief Executive sign and submit a new signature page indicating
the party agency's continued desire to participate in the CART.
Oi /e0 39dd 0969069006 L9:ZI ZIOZ /0E /ZZ
AGENDA ITEM # 4C
DECEMBER 12, 201 I
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member Agencies of the Northeast Florida Area Child Abduction Response Team.
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a chief executive officer of
the agency who is authorized to contractually bind the agency. By signing below, an indication
of such authorization is being made. Any signatory may attach to this signature page any further
evidence of authorization you wish to remain on file at FDLE along With this signature page.
For the Fl rids Depi tment of Law Enforcement (FDLE):
Gerd
Comma
Date
Party's Acceptance of the Voluntary Cooperation Mutual Aid Agreement among the
member Agencies of the Northeast Florida Area Child Abduction Response Team.
8
0Z /60 39dd P969PE9006 L9 :ZZ ZZOZ /0E /ZZ
AGENDA ITEM # 4C
DECEMBER 12, 2011
Party's Acceptance of the Voluntary Cooperation
member Agencies of the Northeast Florida Area
Pursuant to F.S. 23.1225(3), this agreement may be enterf
the agency who is authorized to contractually bind the age
of such authorization is being made. Any signatory may a1
evidence of authorization you wish to remain on file at FD]
For the Atlantic Beach Police Department:
Michael Classey
Chief of police
Date
al Aid Agreement among the
Abduction Response Team.
into by a chief executive officer of
; By signing below, an indication
ch to this signature page any further
along with this signature page.
01/01 3998 b569VE9b06 L9:11 ZZOZ /06/11