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HomeMy WebLinkAboutContracts & Agreements_218-2021SAN BERNARDINO COUNTY SHANNON D DICUS SHERIFF CORONER Memorandum of Agreement Between San Bernardino County Sheriff's Department And City of Redlands APPLICATION This Memorandum of Agreement (MOA) memoriahzes the agreement between the San Bernardino County Sheriff's Department (Shenff or Depailinent) and the City of Redlands (Employing Agency) regardmg Officer Involved Shootings (OIS) and state reportable In Custody Death (ICD) investigations Nothing in this MOA should be construed as limiting or impedmg the basic spirit of cooperation which exists between the two agencies listed PURPOSE This MOA establishes investigation guidelines for when Employing Agency is involved in an on - duty or off -duty OIS or is involved in an ICD that occurs within the unincorporated area of San Bernardino County, withm a city in which the Sheriff has contracted to provide law enforcement services, or within a city which has entered into an MOA with the Sheriff's Department for the Sheriff's Department to conduct OIS and ICD investigations within the city As a public service, the Shenff's Specialized Investigations Division, Homicide Detail will conduct the OIS and ICD investigations without charge At the conclusion of an investigation, the Homicide Detail will submit the completed report to the San Bernardino County District Attorney's Office for review NOTIFICATION PROCEDURES: When one or more of Employing Agency's peace officers is involved in an OIS (whether on -duty or off -duty), or an ICD, Employing Agency's on -scene supervisor or manager shall evaluate the scope of the OIS or ICD If the incident is determined to be an OIS or an ICD subject to this MOA, he/she will contact the Department's dispatch center Personnel assigned to the dispatch center will provide contact information for the on -call Sheriff's Department Homicide Detail supervisor It is imperative to the integrity of the investigation of the OIS or ICD and the well-being of the involved personnel that the Sheriffs Homicide Detail be notified as soon as possible so the investigation can be started with minimal delay SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street • San Bernardino California 92415 0061 Post Office Box 569 • San Bernardino California 92402 0569 MEMORANDUM OF AGREEMENT Page 2 The Sheriff's Homicide Detail supervisor will discuss the circumstances of the OIS or ICD with the Employing Agency's on -scene supervisor or manager and determine what level of assistance is needed prior to the Homicide Detail's arrival. The Sheriff's Homicide Detail will normally not respond to a non -hit OIS incident or other lethal force encounter Employing Agency agrees that a specific request can be made by its Executive Command Staff to the Office of the Sheriff if it wants the Sheriff's Homicide Detail to investigate a non -hit shooting incident or other lethal force encounter The Homicide Detail will notify the California Department of Justice and/or the Attorney General's Office if the Homicide Detail determines that an incident meets the definition of Government Code section 12525 3 The Homicide Detail will cooperate with the California Department of Justice and/or the Attorney General's Office if they elect to assume the investigation. EXPECTATIONS. Employing Agency's on -scene supervisor or manager will be responsible for stabilizing and securing the shooting or death scene. Absent an exigent legitimate law enforcement purpose, Employing Agency's personnel will not enter the shooting or death scene until the arrival and approval of the Sheriff's Homicide Detail supervisor Members of Employing Agency will make every effort to protect the integrity of the incident scene Upon arrival at the scene, the Sheriff's Homicide Detail members will contact Employing Agency's on -scene supervisor for a briefing of the OIS or ICD incident. The Department and Employing Agency agree that Employing Agency's personnel involved in the OIS or ICD may be removed from the scene and transported to the nearest Employing Agency building to await the arrival of the Homicide Detail investigators The involved officer(s) should be allowed to call family, but should be instructed to refrain from talking about the incident with anyone except their legal counsel or labor representative and/or the Sheriff's Homicide investigators. The involved officer(s) should be made comfortable but should remain dressed in the same clothing and equipment as was worn during the OIS or ICD incident unless doing so could be detrimental to an officer's health or wellbeing. The involved officer(s) should retain their weapon until Sheriff's Homicide Detail investigators arrive Employing Agency will be responsible for issuing the involved officer(s) another duty weapon until the Sheriff's Department Crime Lab has completed the weapon examination. Employing Agency and the Department agree that members of the Sheriff's Homicide Detail will interview Employing Agency's involved and witnessing personnel and civilian witnesses deemed to be pertinent by investigators If Employing Agency's personnel involved in the incident request to speak to, or have present, legal counsel or a labor representative during the interview, the Homicide Detail investigators will honor that request. Sheriff's Homicide Detail investigators will allow officer(s) involved in the OIS or ICD to listen to their belt recordings or watch body worn or in car video recordings of the incident prior to the interview The Sheriff's Homicide Detail investigators will only interview an involved officer if the statement from the officer is voluntary MEMORANDUM OF AGREEMENT Page 3 When all the criminal investigation mterviews have been completed, the Sheriff's Homicide Detail investigators will brief Employing Agency's Command Staff and/or managers so they can begin their Administrative Investigation per their department policy Copies of the complete criminal investigation, and all photographs and audio recordings will be provided to the Employing Agency and the San Bernardino County District Attorney's Office for review upon completion of the investigation. MEDIA INQUIRIES AND PUBLIC RECORDS ACT REQUESTS. Employing Agency will be responsible for all information given to the media. Generally, the Department will not release any information about the incident to the media whether in writing or via interview, and all questions from the media will be referred to Employing Agency However, after conferring with Employing Agency's on -scene supervisor, a sergeant from the Department's Homicide Detail may make a brief statement at the outset of an investigation summarizing the facts as they are known at the time and informing the media of the status of the investigation. Employing Agency will be responsible for responding to any and all Public Records Act requests for records related to any OIS or ICD investigated by the San Bernardino County Sheriff's Department pursuant to this MOA. Any Public Records Act request received by the San Bernardino County Sheriff s Department will be immediately forwarded to the employing agency The Employing Agency shall be responsible for completing any necessary redaction. If a Department employee also discharged a firearm during an OIS, or used force during an ICD, the Department will be responsible for responding to any and all Public Records Act requests for records related to the OIS or ICD If a member of an agency, other than the Department, also discharged a firearm during an OIS, or used force during an ICD, Employing Agency and any other involved agency, will coordinate the response to any and all Public Records Act requests for records related to the OIS or ICD Employing Agency agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages and/or liability arising out of any response or failure to respond to a Public Records Act request seeking records related to an investigation of an OIS or ICD pursuant to this MOA. This indemnification provision shall apply regardless of the existence or degree of fault of Indemmtees. Employing Agency's indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. DURATION AND TERMINATION. This MOA shall remain in effect until either party wishes to terminate the agreement. It will be the responsibility and obligation of both parties to ensure that this MOA is in compliance with all state laws as well as the respective agencies' policies and procedures MEMORANDUM OF AGREEMENT Page 4 MODIFICATIONS It is agreed that this MOA may be modified at any time by written consent by the involved parties Modification to the MOA shall have no force or effect until such modifications are reduced to wntmg and signed by an authorized representative of each agency In consideration of the other party agreemg to carry out the investigative tasks described above, on behalf of our representative law enforcement agency we each freely and voluntarily agree to all the above terms of this Memorandum of Agreement Date: / /2rJ/ ZZ _sr a Shannon D Dicus Sheriff/Coroner San Bernardino County Sheriff's Department Approved as to Legal Form Date /////7--. Miles Kowalski Deputy County Counsel Office of County Counsel Paul T Barich Mayor City of Redlands ATTEST nne Donaldson City Clerk City of Redlands Date 6 r Q Daniel J.cHugh City Attorney City of Redlands