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HomeMy WebLinkAboutMACE Unit Participating AgencyI. PURPOSE INDIAN RIVER COUNTY MULTI AGENCY CRIMINAL ENFORCEMENT UNIT PARTICIPATING AGENCY AGREEMENT WHEREAS, the Sheriff of Indian River County, Florida; the Police Department of the City of Sebastian, Florida, The Town of Indian River Shores Public Safety Department, Indian River Shores, Florida and the City of Fellsmere Police Department, Fellsmere, Florida, (hereafter the "MEMBER AGENCIES have determined that as governmental units each with responsibilities for the enforcement of the criminal laws respecting narcotics, vice, racketeering, and other organized criminal enterprises, the above -named MEMBER AGENCIES can make a more efficient use of their powers and resources and thereby provide a higher quality of law enforcement services to the public through cooperation of the parties and the operation of a cooperative multi agency law enforcement task force or association to be known as the MULTI AGENCY CRIMINAL ENFORCEMENT UNIT, (hereafter the "MACE UNIT The purpose of this Agreement is the coordination of a multi agency law enforcement unit. Manpower and resources shall be directed at Narcotics, Organized Crime, Racketeering and other Criminal Enterprises, in the City of Fellsmere, Town of Indian River Shores, the City of Sebastian and the unincorporated areas of Indian River County, Florida. The parties do hereby agree to a joint and common utilization of training and support functions, as well as the pooling of investigative resources. II. SOURCE OF POLICE AUTHORITY Pursuant to the provisions of Florida State Statute 23.1225, known as the Florida Mutual Aid Act, the parties to this Agreement have the authority to enter into a voluntary cooperation agreement. This voluntary cooperation agreement specifically provides for multi jurisdictional task forces, such as the MACE UNIT. III. ORGANIZATION A. GOVERNING BOARD 1. There shall be a GOVERNING BOARD (the "BOARD whose members shall be designated in reasonable proportion to the number of sworn law enforcement officers assigned to the MACE UNIT by each MEMBER AGENCY including: The SHERIFF OF INDIAN RIVER COUNTY, Florida, THE CHIEF OF POLICE, SEBASTIAN, Florida, 1 B. Meetings The BOARD shall hold meetings to be attended by the members of the BOARD on a regular basis. Participation of at least three (3) members of the BOARD shall constitute a quorum to vote on any matter before the BOARD. Where detailed procedures are called for, they shall be reduced to writing and ratified by the BOARD. The records of the BOARD shall be afforded the same confidentiality afforded to law enforcement records created, held or maintained by each MEMBER AGENCY in the course of their typical investigative functions in accordance with section 119.071 (2), Florida Statutes. C. Director THE DIRECTOR OF PUBLIC SAFETY, INDIAN RIVER SHORES, Florida, The CHIEF OF POLICE, FELLSMERE POLICE DEPARTMENT, Florida, The UNDERSHERI1 of the Indian River County Sheriff's Office, The CAPTAIN of Law Enforcement Operations, Indian River County Sheriff's Office. 2. The BOARD shall have the authority to approve by three fifths majority vote any new MEMBER AGENCY, or the removal of a MEMBER AGENCY. The BOARD shall appoint a Director of the MACE UNIT, who shall have the responsibility for the day -to -day command and administration of the MACE UNIT activities. Under the Director, shall be a Supervisor from a MEMBER AGENCY, who shall be assigned at the discretion of the Director. The BOARD may entertain a motion to change the Director at any time. However, a change in Director shall be considered after the Director has served a term of two (2) years. The Director shall meet frequently with the BOARD as determined by the BOARD to provide updated information on operational and administrative activities. The Director shall be granted the authority by the BOARD to discipline the MACE investigators, up to the level of a written reprimand. Should discipline at the level of suspension or higher be required, it will be coordinated with the MEMBER AGENCY. In the event that a disciplinary problem is severe, the Director shall relieve the investigator from MACE UNIT duty and notify the appropriate member of the BOARD within 24 hours. A report detailing the cause for the suspension or removal from the MACE UNIT will be forwarded to the members of the BOARD, no later than the following workday. A copy of all disciplinary actions will be forwarded to the employing MEMBER AGENCY. 2 D. Personnel Each of the MEMBER AGENCIES shall contribute personnel to the MACE UNIT in quantities proportionate to the size of the participating MEMBER AGENCIES as determined by the BOARD. The Indian River County Sheriff's Office shall assign no less than five (5) full time sworn law enforcement officers to the MACE UNIT. The Sebastian Police Department shall assign no less than one (1) full time sworn law enforcement officer to the MACE UNIT on an as needed, as available basis. The Fellsmere Police Department shall assign no less than one (I) full time sworn law enforcement officer to the MACE UNIT on an as needed, as available basis. The Indian River Shores Public Safety Department shall assign no less than one (1) full time sworn law enforcement officer to the MACE UNIT on an as needed, as available basis. The BOARD shall continuously evaluate the relative participation of each MEMBER AGENCY according to the number of eligible sworn law enforcement officers employed by each MEMBER AGENCY. The BOARD must strive to maintain a commitment of personnel to the MACE UNIT which is proportionally consistent with the ratio of the personnel dedicated by the other MEMBER AGENCIES. E. Compensation Each respective MEMBER AGENCY shall retain full responsibility for the compensation, retirement, and insurance of their assigned personnel. In the event of replacement investigator is needed from a MEMBER AGENCY, the Director will be consulted in the selection of the replacement. Overtime compensation will be applied for by the Director and paid by the appropriate MEMBER AGENCY in accordance with the terms and conditions of the BYRNE GRANT. F. Operations The Indian River County Sheriff's Office will house all evidence collected by the MACE UNIT and will ensure that evidence is properly stored and tested. The BOARD shall determine the standard operating procedures to be followed by the personnel assigned to the MACE UNIT. The MACE UNIT may utilize any of the MEMBER AGENCIES specialized units to further an ongoing investigation. IV. BOARD OF POWERS AND AUTHORITY A. Powers The BOARD shall be authorized to establish policy, promulgate rules and regulations, set guidelines and otherwise provide for: I The method of assigning personnel. 2. The purchasing policy. 3. The investigative direction of the MACE UNIT. 3 4. Discipline of assigned personnel. 5. Any other necessary and proper matters agreed upon by the MEMBER AGENCIES. B. Authority The BOARD shall have absolute supervisory authority over the MACE UNIT, under a majority vote of its members, including the authority to direct resources, establish written policy, regulations, guidelines, and otherwise provide for: 1. The selection and method of assigning personnel to the MACE UNIT. 2. The approval of capital expenditures by the MACE UNIT. For purposes of this Agreement, a capital expenditure shall be defined as any single purchase of equipment exceeding $1,000.00. 3. The establishment of strict accountability for all MACE UNIT funds in the manner in which reports, including an annual independent audit of all receipts and disbursements, shall be prepared and presented to the MEMBER AGENCIES. 4. The administrative operations of the MACE UNIT. 5. All law enforcement and intelligence operations of the MACE UNIT. 6. The disposition of MACE UNIT forfeitures and the manner in which any surplus investigative funds or equipment are to be returned to the MEMBER AGENCIES if the MACE UNIT is dissolved. 7. Any other matters agreed upon by the members of the BOARD. C. Command and Supervisory Responsibilities In accordance with Florida State Statute Section 23.1225(1)(b), the MACE UNIT hereby establishes the Indian River County Sheriff's Office as the MEMBER AGENCY that has command and supervisory responsibility over the performance of all functions contemplated by this Agreement. V. FUNDING A. Grant Funds The primary source of funding for the MACE UNIT will be through grant funds supplemented by the proceeds of forfeiture actions initiated by the MACE UNIT investigative activities. The BOARD will strive to obtain all Federal, State and local grants available to the MACE UNIT including but not limited to the Byrne Grant. B. Equipment The BOARD shall provide the MACE UNIT with all of the equipment necessary for the day -to -day operations, excluding weapons and equipment normally issued by the MEMBER AGENCIES. The funding source for equipment will typically be from 4 proceeds of assets forfeited through criminal investigations conducted by the MACE UNIT. Vehicles utilized by the MACE UNIT will be furnished by the MEMBER AGENCIES if grant funds are not available to cover this expense. Notwithstanding the designated and appropriate source of funding, each MEMBER AGENCY shall be individually named as the Lessee on any car rental agreement utilized by the MACE UNIT. Each MEMBER AGENCY is responsible for leasing vehicles assigned to their respective employees. Each vehicle will be leased and insured in the name of the employing MEMBER AGENCY. C. Operating Expenses The BOARD will provide funding for such items as office space, office utilities, office telephone and other operating expenses. The primary funding source, however, will be federal and state grants, supplemented by the proceeds of forfeiture actions initiated by the MACE UNIT investigative activities. The Director will be accountable to the BOARD for maintaining an inventory of all assets and maintaining records of all expenditures and distribution of funds. A bi- annual audit of all fund expenditures by the MACE UNIT will be conducted by the BOARD or their designee. D. Asset Distribution Assets derived from forfeiture of property seized, as a result of criminal investigations conducted by the MACE UNIT, shall first be utilized to fund the operating budget of the MACE UNIT. Any vehicle seized and forfeited to the MACE UNIT shall first be considered for the utilization by the MACE UNIT. Any assets not required to fund the MACE operating budget or needed to carry out the mission of the MACE UNIT, shall be distributed among the MEMBER AGENCIES in shares proportionate to the number of members assigned to the MACE UNIT at the time the assets were seized. In the event the BOARD discontinues the operation of the MACE UNIT, those funds and assets forfeited to the MACE UNIT shall be distributed among the MEMBER AGENCIES in shares proportionate to the current number of members assigned to the MACE UNIT. Any equipment that was brought to the MACE UNIT, by a MEMBER AGENCY, will revert back to that agency. VI. TERM The BOARD may vote to dissolve the MACE UNIT by a majority vote. This Agreement may also be modified or amended by a majority vote of the BOARD at any time, but will expire subject to renewal one (1) year from the date last written below. This Agreement shall take effect upon execution and approval by the officials named below. 5 SO AGREED ON THE DATES APPEARING BELOW: DE YL LOAR SHERIFF INDIAN RIVER COUNTY SHERIFF'S OFFICE DATE: 10/12/10 0°' DATE: L.E. "BUD" SPLrNCER UNDERSHERIFF INDIAN RIVER COUNTY SHERIFF'S OFFICE DATE: 10/12/10 DON SM ITH DIVISION COMMANDER LAW ENFORCEMENT OPERATIONS INDIAN RIVER COUNTY SHERIFF'S OFFICE DATE: 6 ICHELLE MORR S HIEF OF POLICE CITY OF SEBASTIAN POLICE DEPARTMENT DATE: I Q WILLIAM SCHAUMAN DIRECTOR OF PUBLIC SAFETY TOWN OF INDIAN RIVER SHORES DEPARTMENT OF PUBLIC SAFETY SCOTT MELANSON CHIEF OF POLICE CITY OF FELLSMERE POLICE DEPARTMENT DATE: D// ,V00 r R OF FELLSMERE DATE: ok PITY CLERK CITY OF FELLSMERE DATE: 16),1 -t 0 I. PURPOSE WHEREAS, the Sheriff of Indian River County, Florida; the Police Department of the City of Sebastian, Florida, The Town of Indian River Shores Public Safety Department, Indian River Shores, Florida and the City of Fellsmere Police Department, Fellsmere, Florida, (hereafter the "MEMBER AGENCIES have determined that as govermnental units each with responsibilities for the enforcement of the criminal laws respecting narcotics, vice, racketeering, and other organized criminal enterprises, the above -named MEMBER AGENCIES can make a more efficient use of their powers and resources and thereby provide a higher quality of law enforcement services to the public through cooperation of the parties and the operation of a cooperative multi- agency law enforcement task force or association to be known as the MULTI AGENCY CRIMINAL ENFORCEMENT UNIT, (hereafter the "MACE UNIT The purpose of this Agreement is the coordination of a multi- agency law enforcement unit. Manpower and resources shall be directed at Narcotics, Organized Crime, Racketeering and other Criminal Enterprises, in the City of Fellsmere, Town of Indian River Shores, the City of Sebastian and the unincorporated areas of Indian River County, Florida. The parties do hereby agree to a joint and common utilization of training and support functions, as well as the pooling of investigative resources. II. SOURCE OF POLICE AUTHORITY Pursuant to the provisions of Florida State Statute 23.1225, known as the Florida Mutual Aid Act, the parties to this Agreement have the authority to enter into a voluntary cooperation agreement. This voluntary cooperation agreement specifically provides for multi jurisdictional task forces, such as the MACE UNIT. III. ORGANIZATION A. GOVERNING BOARD INDIAN RIVER COUNTY MULTI AGENCY CRIMINAL ENFORCEMENT UNIT PARTICIPATING AGENCY AGREEMENT The SHERIFF OF INDIAN RIVER COUNTY, Florida, THE CHIEF OF POLICE, SEBASTIAN, Florida, 1 APPROVED 1. There shall be a GOVERNING BOARD (the "BOARD whose members shall be designated in reasonable proportion to the number of sworn law enforcement officers assigned to the MACE UNIT by each MEMBER AGENCY including: B. Meetings The BOARD shall hold meetings to be attended by the members of the BOARD on a regular basis. Participation of at least three (3) members of the BOARD shall constitute a quorum to vote on any matter before the BOARD. Where detailed procedures are called for, they shall be reduced to writing and ratified by the BOARD. The records of the BOARD shall be afforded the same confidentiality afforded to law enforcement records created, held or maintained by each MEMBER AGENCY in the course of their typical investigative functions in accordance with section yin n^� ins Florida Statutes. 1 19.0 1 `2), I' loIid Stdtutes. C. Director THE DIRECTOR OF PUBLIC SAFETY, INDIAN RIVER SHORES, Florida, The CHIEF OF POLICE, FELLSMERE POLICE DEPARTMENT, Florida, The UNDERSHERIFF of the Indian River County Sheriffs Office, The CAPTAIN of Law Enforcement Operations, Indian River County Sheriff's Office. 2. The BOARD shall have the authority to approve by three -fifths majority vote any new MEMBER AGENCY, or the removal of a MEMBER AGENCY. The BOARD shall appoint a Director of the MACE UNIT, who shall have the responsibility for the day -to -day command and administration of the MACE UNIT activities. Under the Director, shall be a Supervisor from a MEMBER AGENCY, who shall be assigned at the discretion of the Director. The BOARD may entertain a motion to change the Director at any time. However, a change in Director shall be considered after the Director has served a term of two (2) years. The Director shall meet frequently with the BOARD as determined by the BOARD to provide updated information on operational and administrative activities. The Director shall be granted the authority by the BOARD to discipline the MACE investigators, up to the level of a written reprimand. Should discipline at the level of suspension or higher be required, it will be coordinated with the MEMBER AGENCY. In the event that a disciplinary problem is severe, the Director shall relieve the investigator from MACE UNIT duty and notify the appropriate member of the BOARD within 24 hours. A report detailing the cause for the suspension or removal from the MACE UNIT will be forwarded to the members of the BOARD, no later than the following workday. A copy of all disciplinary actions will be forwarded to the employing MEMBER AGENCY. 2 D. Personnel Each of the MEMBER AGENCIES shall contribute personnel to the MACE UNIT in quantities proportionate to the size of the participating MEMBER AGENCIES as determined by the BOARD. The Indian River County Sheriff's Office shall assign no less than seven (7) full time sworn law enforcement officers and one (1) civilian to the MACE UNIT. The Sebastian Police Department shall assign no less than one (1) full time sworn law enforcement officer to the MACE UNIT on an as needed, as available basis. The Fellsmere Police Department shall assign no less than one (1) full time sworn law enforcement officer to the MACE UNIT on an as needed, as available basis. The Indian River Shores Public Safety Department shall assign no less than one (1) full time sworn law enforcement officer to the MACE UNIT on an as needed, as available basis. The BOARD shall continuously evaluate the relative participation of each MEMBER AGENCY according to the number of eligible sworn law enforcement officers employed by each MEMBER AGENCY. The BOARD must strive to maintain a commitment of personnel to the MACE UNIT which is proportionally consistent with the ratio of the personnel dedicated by the other MEMBER AGENCIES. E. Compensation Each respective MEMBER AGENCY shall retain full responsibility for the compensation, retirement, and insurance of their assigned personnel. In the event of replacement investigator is needed from a MEMBER AGENCY, the Director will be consulted in the selection of the replacement. Overtime compensation will be applied for by the Director and paid by the appropriate MEMBER AGENCY in accordance with the terms and conditions of the BYRNE GRANT. F. Operations The Indian River County Sheriff's Office will house all evidence collected by the MACE UNIT and will ensure that evidence is properly stored and tested. The BOARD shall determine the standard operating procedures to he followed by the personnel assigned to the MACE UNIT. The MACE UNIT may utilize any of the MEMBER AGENCIES specialized units to further an ongoing investigation. IV. BOARD OF POWERS AND AUTHORITY A. Powers The BOARD shall be authorized to establish policy, promulgate rules and regulations, set guidelines and otherwise provide for: 1. The method of assigning personnel. 2. The purchasing policy. 3. The investigative direction of the MACE UNIT. 3 4. Discipline of assigned personnel. 5. Any other necessary and proper matters agreed upon by the MEMBER AGENCIES. B. Authority The BOARD shall have absolute supervisory authority over the MACE UNIT, under a majority vote of its members, including the authority to direct resources, establish written policy, regulations, guidelines, and otherwise provide for: 1. The selection and method of assigning personnel to the MACE UNIT. 2. The approval of capital expenditures by the MACF, UNIT. For purposes of this Agreement, a capital expenditure shall be defined as any single purchase of equipment exceeding $1,000.00. 3. The establishment of strict accountability for all MACE UNIT funds in the manner in which reports, including an annual independent audit of all receipts and disbursements, shall be prepared and presented to the MEMBER AGENCIES. 4. The administrative operations of the MACE UNIT. 5. All law enforcement and intelligence operations of the MACE UNIT. 6. The disposition of MACE UNIT forfeitures and the manner in which any surplus investigative funds or equipment are to be returned to the MEMBER AGENCIES if the MACE UNIT is dissolved. 7. Any other matters agreed upon by the members of the BOARD. C. Command and Supervisory Responsibilities In accordance with Florida State Statute Section 23.1225(1)(b), the MACE UNIT hereby establishes the Indian River County Sheriff's Office as the MEMBER AGENCY that has command and supervisory responsibility over the performance of all functions contemplated by this Agreement. V. FUNDING A. Grant Funds The primary source of funding for the MACE UNIT will be through grant funds supplemented by the proceeds of forfeiture actions initiated by the MACE UNIT investigative activities. The BOARD will strive to obtain all Federal, State and local grants available to the MACE UNIT including but not limited to the Byrne Grant. B. Equipment The BOARD shall provide the MACE UNIT with all of the equipment necessary for the day -to -day operations, excluding weapons and equipment normally issued by the MEMBER AGENCIES. The funding source for equipment will typically be from 4 proceeds of assets forfeited through criminal investigations conducted by the MACE UNIT. Vehicles utilized by the MACE UNIT will be furnished by the MEMBER AGENCIES if grant funds are not available to cover this expense. Notwithstanding the designated and appropriate source of funding, each MEMBER AGENCY shall be individually named as the Lessee on any car rental agreement utilized by the MACE UNIT. Each MEMBER AGENCY is responsible for leasing vehicles assigned to their respective employees. Each vehicle will be leased and insured in the name of the employing MEMBER AGENCY. C. Operating Expenses The BOARD will provide funding for such items as office space, office utilities, office telephone and other operating expenses. The primary funding source, however, will be federal and state grants, supplemented by the proceeds of forfeiture actions initiated by the MACE UNIT investigative activities. The Director will be accountable to the BOARD for maintaining an inventory of all assets and maintaining records of all expenditures and distribution of funds. A bi- annual audit of all fuiid expenditures by the MACE UNIT will be conducted by the BOARD or their designee. D. Asset Distribution Assets derived from forfeiture of property seized, as a result of criminal investigations conducted by the MACE UNIT, shall first be utilized to fund the operating budget of the MACE UNIT. Any vehicle seized and forfeited to the MACE UNIT shall first be considered for the utilization by the MACE UNIT. Any assets not required to fund the MACE operating budget or needed to carry out the mission of the MACE UNIT, shall be distributed among the MEMBER AGENCIES in shares proportionate to the number of members assigned to the MACE UNIT at the time the assets were seized. In the event the BOARD discontinues the operation of the MACE UNIT, those funds and assets forfeited to the MACE UNIT shall be distributed among the MEMBER AGENCIES in shares proportionate to the current number of members assigned to the MACE UNIT. Any equipment that was brought to the MACE UNIT, by a MEMBER AGENCY, will revert back to that agency. VI. TERM The BOARD may vote to dissolve the MACE UNIT by a majority vote. This Agreement may also be modified or amended by a majority vote of the BOARD at any time, but will expire subject to renewal one (1) year from the date last written below. This Agreement shall take effect upon execution and approval by the officials named below. 5 SO AGREED ON THE DATES APPEARING BELOW: DERYL LOAR 4 SHERIFF INDIAN RIVER COUNTY SHERIFF'S OFFICE DATE: r I m Zz TIM ELDER UNDERSHERIFF INDIAN RIVER COUNTY SHERIFF'S OFFICE DATE: LEW BECKERDITE DEPUTY DIVISION COMMANDER LAW ENFORCEMENT OPERATIONS INDIAN RIVER COUNTY SHERIFF'S OFFICE DATE: ELLE MORRIS HIEF OF POLICE CITY OF SEBASTIAN POLICE DEPARTMENT DATE: \k')' WILLIAM SCHAUMAN DIRECTOR OF PUBLIC SAFETY TOWN OF INDIAN RIVER SHORES DEPARTMENT OF PUBLIC SAFETY rs ►1f tit SCOTT MELANSON CHIEF OF POLICE CITY OF FELLSMERE POLICE DEPARTMENT DATE: MAYOR CITY OF FELLSMERE DATE: it KA, DEBORAH C. KRAGES OTTAT 0"T UT) 17 •_,1 1 1 CITY OF FELLSMERE DATE: I. PURPOSE WHEREAS, the Sheriff of Indian River County, Florida; the Police Department of the City of Vero Beach, Florida and the Police Department of the City of Sebastian, Florida, (hereafter the "MEMBER AGENCIES have determined that as governmental units each with responsibilities for the enforcement of the criminal laws respecting narcotics, vice, racketeering, and other organized criminal enterprises, the above -named MEMBER AGENCIES can make a more efficient use of their powers and resources and thereby provide a higher quality of law enforcement services to the public through cooperation of the parties and the operation of a cooperative multi- agency law enforcement task force or association to be known as the MULTI AGENCY CRIMINAL ENFORCEMENT UNIT, (hereafter the "MACE UNIT The purpose of this Agreement is the coordination of a multi- agency law enforcement unit. Manpower and resources shall be directed at Narcotics, Organized Crime, Racketeering and other Criminal Enterprises, in the City of Vero Beach, the City of Sebastian and the unincorporated areas of Indian River County, Florida. The parties do hereby agree to a joint and common utilization of training and support functions, as well as the pooling of investigative resources. II. SOURCE OF POLICE AUTHORITY Pursuant to the provisions of Florida State Statute 23.1225, known as the Florida Mutual Aid Act, the parties to this Agreement have the authority to enter into a voluntary cooperation agreement. This voluntary cooperation agreement specifically provides for multi jurisdictional task forces, such as the MACE UNIT. III. ORGANIZATION A. GOVERNING BOARD INDIAN RIVER COUNTY MULTI AGENCY CRIMINAL ENFORCEMENT UNIT PARTICIPATING AGENCY AGREEMENT 1. There shall be a GOVERNING BOARD (the "BOARD whose members shall be designated in reasonable proportion to the number of sworn law enforcement officers assigned to the MACE UNIT by each MEMBER AGENCY including: The SHERIFF OF INDIAN RIVER COUNTY, Florida, The CHIEF OF POLICE of the City of Vero Beach, Florida, The CHIEF OF POLICE of the City of Sebastian, Florida, The UNDERSHERIFF of the Indian River County Sheriffs Office. The CAPTAIN of the Criminal Investigations Division of the Indian River County Sheriffs Office. 1 B. Meetings The BOARD shall hold meetings to be attended by the members of the BOARD on a regular basis. Participation of at least 3 members of the BOARD shall constitute a quorum to vote on any matter before the BOARD. Where detailed procedures are called for, they shall be reduced to writing and ratified by the BOARD. The records of the BOARD shall be afforded the same confidentiality afforded to law enforcement records created, held or maintained by each MEMBER AGENCY in the course of their typical investigative functions in accordance with Florida Statutes Section 119.07(3)(b). C. Director 2. The BOARD shall have the authority to approve by three -fifths majority vote any new MEMBER AGENCY, or the removal of a MEMBER AGENCY. The BOARD shall appoint a Director of the MACE UNIT, who shall have the responsibility for the day -to -day command and administration of the MACE UNIT activities. Under the Director, shall be a Supervisor from a MEMBER AGENCY, who shall be assigned at the discretion of the Director. The BOARD may entertain a motion to change the Director at any time. However, a change in Director shall be considered after a Director has served a term of two years. The Director shall meet frequently with the BOARD as determined by the BOARD to provide updated information on operational and administrative activities. The Director shall be granted the authority by the BOARD to discipline MACE investigators, up to the level of a written reprimand. Should discipline at the level of suspension or higher be required, it will be coordinated with the MEMBER AGENCY. In the event that a disciplinary problem is severe, the Director shall relieve the investigator from MACE UNIT duty and notify the appropriate member of the BOARD within 24 hours. A report detailing the cause for the suspension or removal from the MACE UNIT will be forwarded to the members of the BOARD, no later than the following workday. A copy of all disciplinary actions will be forwarded to the employing MEMBER AGENCY. D. Personnel Each of the MEMBER AGENCIES shall contribute personnel to the MACE UNIT in quantities proportionate to the size of the participating MEMBER AGENCIES to be determined by the BOARD. The Indian River County Sheriffs Office shall assign no less than 8 full time sworn law enforcement officers and 1 civilian to the MACE UNIT. The Vero Beach Police Department shall assign no less than 2 full time sworn law enforcement officers to the MACE UNIT. The Sebastian Police Department shall assign no less than 1 full time sworn law enforcement officer to the MACE UNIT. The BOARD shall continuously evaluate the 2 relative participation of each MEMBER AGENCY according to the number of eligible sworn law enforcement officers employed by each MEMBER AGENCY. The BOARD must strive to maintain a commitment of personnel to the MACE UNIT which is proportionally consistent with the ratio of personnel dedicated by the other MEMBER AGENCIES. E. Compensation Each respective MEMBER AGENCY shall retain full responsibility for the compensation, retirement, and insurance of their assigned personnel. In the event a replacement investigator is needed from a MEMBER AGENCY, the Director will be consulted in the selection of the replacement. Overtime compensation will be applied for by the Director and paid by the appropriate MEMBER AGENCY in accordance with the terms and conditions of the Byrne Grant. F. Operations The Indian River County Sheriff's Office will house all evidence collected by the MACE UNIT and will ensure that evidence is properly stored and tested. The BOARD shall determine the standard operating procedures to be followed by the personnel assigned to the MACE UNIT. The MACE UNIT may utilize any of the MEMBER AGENCIES specialized units to further an ongoing investigation. IV. BOARD POWERS AND AUTHORITY A. Powers The BOARD shall be authorized to establish policy, promulgate rules and regulations, set guidelines and otherwise provide for: B. Authority 1. The method of assigning personnel. 2. The purchasing policy. 3. The investigative direction of the MACE UNIT. 4. Discipline of assigned personnel. 5. Any other necessary and proper matters agreed upon by the MEMBER AGENCIES. The BOARD shall have absolute supervisory authority over the MACE UNIT, under a majority vote of its members, including the authority to direct resources, establish written policy, regulations, guidelines, and otherwise provide for: 1. The selection and method of assigning personnel to the MACE UNIT. 2. The approval of capital expenditures by the MACE UNIT. For purposes of this Agreement, a capital expenditure shall be defined as any single purchase of equipment exceeding $1,000.00. 3. The establishment of strict accountability for all MACE UNIT funds and the manner in which reports, including an annual independent audit of all 3 receipts and disbursements, shall be prepared and presented to the MEMBER AGENCIES. 4. The administrative operation of the MACE UNIT. 5. All law enforcement and intelligence operations of the MACE UNIT. 6. The disposition of MACE UNIT forfeitures and the manner in which any surplus investigative funds or equipment are to be returned to the MEMBER AGENCIES if the MACE UNIT is dissolved. 7. Any other matters agreed upon by the members of the BOARD. C. Command and Supervisory Responsibilities In accordance with Florida Statute Section 23.1225 (1)(b), the MACE UNIT hereby establishes the Indian River County Sheriffs Office as the MEMBER AGENCY that has command and supervisory responsibility over the performance of all functions contemplated by this Agreement. V. FUNDING A. Grant Funds The primary source of funding for the MACE UNIT will be through grant funds supplemented by the proceeds of forfeiture actions initiated by the MACE UNIT investigative activities. The BOARD will strive to obtain all Federal, State and local grants available to the MACE UNIT including but not limited to the Byrne Grant. B. Equipment The BOARD shall provide the MACE UNIT with all of the equipment necessary for day to -day operations, excluding weapons and equipment normally issued by the MEMBER AGENCIES. The funding source for equipment will typically be from proceeds of assets forfeited through criminal investigations conducted by the MACE UNIT. Vehicles utilized by the MACE UNIT will be furnished by the MEMBER AGENCIES if grant funds are not available to cover this expense. Notwithstanding the designated and appropriate source of funding, each MEMBER AGENCY shall be individually named as the Lessee on any car rental agreement utilized by the MACE UNIT. Each MEMBER AGENCY is responsible for leasing vehicles assigned to their respective employees. Each vehicle will be leased and insured in the name of the employing MEMBER AGENCY. C. Operating Expenses The BOARD will provide funding for such items as office space, office utilities, office telephone and other operating expenses. The primary funding source, however, will be federal and state grants, supplemented by the proceeds of forfeiture actions initiated by the MACE UNIT investigative activities. The Director will be accountable to the BOARD for maintaining an inventory of all assets and maintaining records of all expenditures and distribution of funds. A bi- annual 4 audit of all fund expenditures by the MACE UNIT will be conducted by the BOARD or their designee. D. Asset Distribution Assets derived from forfeiture of property seized, as a result of criminal investigations conducted by the MACE UNIT, shall first be utilized to fund the operating budget of the MACE UNIT. Any vehicles seized and forfeited to the MACE UNIT shall first be considered for utilization by the MACE UNIT. Any assets not required to fund the MACE operating budget or needed to carry out the mission of the MACE UNIT, shall be distributed among the MEMBER AGENCIES in shares proportionate to the number of members assigned to the MACE UNIT at the time the assets were seized. In the event the BOARD discontinues the operation of the MACE UNIT, those funds and assets forfeited to the MACE UNIT shall be distributed among the MEMBER AGENCIES in shares proportionate to the current number of members assigned to the MACE UNIT. Any equipment that was brought to the MACE UNIT, by a MEMBER AGENCY, will revert back to that agency. VI. TERM The BOARD may vote to dissolve the MACE UNIT by a majority vote. This Agreement may also be modified or amended by a majority vote of the BOARD at any time, but will expire subject to renewal 3 years from the date last written below. This Agreement shall take effect upon execution and approval by the officials named below. SO AGREED ON THE DATES APPEARING BELOW: ROY RAt SHERIFF, INDIAN RIVER COUNTY, FLORIDA et DONALD A. DAPP CHIEF OF POLICE, VERO BEACH, FLORIDA 5 DATE: DATE: 9-42 6 JAMES A. DAVIS CHIEF OF POLICE, SEBASTIAN, FLORIDA BILL BRUNNER UNDERSHERIFF, INDIAN RIVER COUNTY SHERIFF'S OFFICE, VERO BEACH, FLORIDA DATE: -/0? DATE: 9 DATE: 7 M HA L DEAN CAPTAIN, CRIMINAL INVESTIGATIONS DIVISION, INDIAN RIVER COUNTY SHERIFF'S OFFICE, VERO BEACH, FLORIDA I. PURPOSE WHEREAS, the Sheriff of Indian River County, Florida; the Police Department of the City of Vero Beach, Florida and the Police Department of the City of Sebastian, Florida, (hereafter the "MEMBER AGENCIES have determined that as governmental units each with responsibilities for the enforcement of the criminal laws respecting narcotics, vice, racketeering, and other organized criminal enterprises, the above -named MEMBER AGENCIES can make a more efficient use of their powers and resources and thereby provide a higher quality of law enforcement services to the public through cooperation of the parties and the operation of a cooperative multi- agency law enforcement task force or association to be known as the MULTI AGENCY CRIMINAL ENFORCEMENT UNIT, (hereafter the "MACE UNIT The purpose of this Agreement is the coordination of a multi- agency law enforcement unit. Manpower and resources shall be directed at Narcotics, Organized Crime, Racketeering and other Criminal Enterprises, in the City of Vero Beach, the City of Sebastian and the unincorporated areas of Indian River County, Florida. The parties do hereby agree to a joint and common utilization of training and support functions, as well as the pooling of investigative resources. II. SOURCE OF POLICE AUTHORITY Pursuant to the provisions of Florida State Statute 23.1225, known as the Florida Mutual Aid Act, the parties to this Agreement have the authority to enter into a voluntary cooperation agreement. This voluntary cooperation agreement specifically provides for multi jurisdictional task forces, such as the MACE UNIT. III ORGANIZATION A. GOVERNING BOARD INDIAN RIVER COUNTY MULTI AGENCY CRIMINAL ENFORCEMENT UNIT PARTICIPATING AGENCY AGREEMENT 1. There shall be a GOVERNING BOARD (the "BOARD whose members shall be designated in reasonable proportion to the number of sworn law enforcement officers assigned to the MACE UNIT by each MEMBER AGENCY including: The SHERIFF OF INDIAN RIVER COUNTY, Florida, The CHIEF OF POLICE of the City of Vero Beach, Florida, The CHIEF OF POLICE of the City of Sebastian, Florida, The UNDERSHERIFF of the Indian River County Sheriff's Office. The CAPTAIN of the Criminal Investigations Division of the Indian River County Sheriff's Office. 1 2. The BOARD shall have the authority to approve by three fifths majority vote any new MEMBER AGENCY, or the removal of a MEMBER AGENCY. B. Meetings The BOARD shall hold meetings to be attended by the members of the BOARD on a regular basis. Participation of at least 3 members of the BOARD shall constitute a quorum to vote on any matter before the BOARD. Where detailed procedures are called for, they shall be reduced to writing and ratified by the BOARD. The records of the BOARD shall be afforded the same confidentiality afforded to law enforcement records created, held or maintained by each MEMBER AGENCY in the course of their typical investigative functions in accordance with Florida Statutes Section 119.07(3)(b). C. Director The BOARD shall appoint a Director of the MACE UNIT, who shall have the responsibility for the day -to -day command and administration of the MACE UNIT activities. Under the Director, shall be a Supervisor from a MEMBER AGENCY, who shall be assigned at the discretion of the Director. The BOARD may entertain a motion to change the Director at any time. However, a change in Director shall be considered after a Director has served a term of two years. The Director shall meet frequently with the BOARD as determined by the BOARD to provide updated information on operational and administrative activities. The Director shall be granted the authority by the BOARD to discipline MACE investigators, up to the level of a written reprimand. Should discipline at the level of suspension or higher be required, it will be coordinated with the MEMBER AGENCY. In the event that a disciplinary problem is severe, the Director shall relieve the investigator from MACE UNIT duty and notify the appropriate member of the BOARD within 24 hours. A report detailing the cause for the suspension or removal from the MACE UNIT will be forwarded to the members of the BOARD, no later than the following workday. A copy of all disciplinary actions will be forwarded to the employing MEMBER AGENCY. D. Personnel Each of the MEMBER AGENCIES shall contribute personnel to the MACE UNIT in quantities proportionate to the size of the participating MEMBER AGENCIES to be determined by the BOARD. The Indian River County Sheriff's Office shall assign no less than 8 full time sworn law enforcement officers and 1 civilian to the MACE UNIT. The Vero Beach Police Department shall assign no less than 2 full time swom law enforcement officers to the MACE UNIT. The Sebastian Police Department shall assign no less than 1 full time sworn law enforcement officer to the MACE UNIT. The BOARD shall continuously evaluate the 2 relative participation of each MEMBER AGENCY according to the number of eligible sworn law enforcement officers employed by each MEMBER AGENCY. The BOARD must strive to maintain a commitment of personnel to the MACE UNIT which is proportionally consistent with the ratio of personnel dedicated by the other MEMBER AGENCIES. E. Compensation Each respective MEMBER AGENCY shall retain full responsibility for the compensation, retirement, and insurance of their assigned personnel. In the event a replacement investigator is needed from a MEMBER AGENCY, the Director will be consulted in the selection of the replacement. Overtime compensation will be applied for by the Director and paid by the appropriate MEMBER AGENCY in accordance with the terms and conditions of the Byrne Grant. F. Operations The Indian River County Sheriff's Office will house all evidence collected by the MACE UNIT and will ensure that evidence is properly stored and tested. The BOARD shall determine the standard operating procedures to be followed by the personnel assigned to the MACE UNIT. The MACE UNIT may utilize any of the MEMBER AGENCIES specialized units to further an ongoing investigation. IV. BOARD POWERS AND AUTHORITY A. Powers The BOARD shall be authorized to establish policy, promulgate rules and regulations, set guidelines and otherwise provide for: 1. The method of assigning personnel. 2. The purchasing policy. 3. The investigative direction of the MACE UNIT. 4. Discipline of assigned personnel. 5. Any other necessary and proper matters agreed upon by the MEMBER AGENCIES B. Authority The BOARD shall have absolute supervisory authority over the MACE UNIT, under a majority vote of its members, including the authority to direct resources, establish written policy, regulations, guidelines, and otherwise provide for: 1. The selection and method of assigning personnel to the MACE UNIT. 2. The approval of capital expenditures by the MACE UNIT. For purposes of this Agreement, a capital expenditure shall be defined as any single purchase of equipment exceeding $1,000.00. 3. The establishment of strict accountability for all MACE UNIT funds and the manner in which reports, including an annual independent audit of all 3 receipts and disbursements, shall be prepared and presented to the MEMBER AGENCIES. 4. The administrative operation of the MACE UNIT. 5. All law enforcement and intelligence operations of the MACE UNIT. 6. The disposition of MACE UNIT forfeitures and the manner in which any surplus investigative funds or equipment are to be returned to the MEMBER AGENCIES if the MACE UNIT is dissolved. 7. Any other matters agreed upon by the members of the BOARD. C. Command and Supervisory Responsibilities In accordance with Florida Statute Section 23.1225 (1)(b), the MACE UNIT hereby establishes the Indian River County Sheriff's Office as the MEMBER AGENCY that has command and supervisory responsibility over the performance of all functions contemplated by this Agreement. V. FUNDING A. Grant Funds The primary source of funding for the MACE UNIT will be through grant funds supplemented by the proceeds of forfeiture actions initiated by the MACE UNIT investigative activities. The BOARD will strive to obtain all Federal, State and local grants available to the MACE UNIT including but not limited to the Byrne Grant. B. Equipment The BOARD shall provide the MACE UNIT with all of the equipment necessary for day to -day operations, excluding weapons and equipment normally issued by the MEMBER AGENCIES. The funding source for equipment will typically be from proceeds of assets forfeited through criminal investigations conducted by the MACE UNIT. Vehicles utilized by the MACE UNIT will be furnished by the MEMBER AGENCIES if grant funds are not available to cover this expense. Notwithstanding the designated and appropriate source of funding, each MEMBER AGENCY shall be individually named as the Lessee on any car rental agreement utilized by the MACE UNIT. Each MEMBER AGENCY is responsible for leasing vehicles assigned to their respective employees. Each vehicle will be leased and insured in the name of the employing MEMBER AGENCY. C. Operating Expenses The BOARD will provide funding for such items as office space, office utilities, office telephone and other operating expenses. The primary funding source, however, will be federal and state grants, supplemented by the proceeds of forfeiture actions initiated by the MACE UNIT investigative activities. The Director will be accountable to the BOARD for maintaining an inventory of all assets and maintaining records of all expenditures and distribution of funds. A bi -annual 4 audit of all fund expenditures by the MACE UNIT will be conducted by the BOARD or their designee. D. Asset Distribution Assets derived from forfeiture of property seized, as a result of criminal investigations conducted by the MACE UNIT, shall first be utilized to fund the operating budget of the MACE UNIT. Any vehicles seized and forfeited to the MACE UNIT shall first be considered for utilization by the MACE UNIT. Any assets not required to fund the MACE operating budget or needed to carry out the mission of the MACE UNIT, shall be distributed among the MEMBER AGENCIES in shares proportionate to the number of members assigned to the MACE UNIT at the time the assets were seized. In the event the BOARD discontinues the operation of the MACE UNIT, those funds and assets forfeited to the MACE UNIT shall be distributed among the MEMBER AGENCIES in shares proportionate to the current number of members assigned to the MACE UNIT. Any equipment that was brought to the MACE UNIT, by a MEMBER AGENCY, will revert back to that agency. VI. TERM The BOARD may vote to dissolve the MACE UNIT by a majority vote. This Agreement may also be modified or amended by a majority vote of the BOARD at any time, but will expire subject to renewal 4 years from the date last written below. This Agreement shall take effect upon execution and approval by the officials named below. SO AGREED ON THE DATES APPEARING BELOW: ROY RA OND SHERIFF, INDIAN RIVER COUNTY, FLORIDA JA C u o OF POLI VERo BEACH, 'ORIDA 5 DATE: Vc\/0` DATE: 1/3/65 S A. DAVIS F OF POLICE, S EBASTIAN, FLORIDA BILL BRUNNER UNDERSHERIFF, INDIAN RIVER COUNTY SHERIFF'S OFFICE, VERO BEACH, FLORIDA 4 DATE: vV taidet, DATE: "vr Q DATE: L DEAN C PTAIN, CRIMINAL INVESTIGATIONS DIVISION, INDIAN RIVER COUNTY SHERIFF'S OFFICE, VERO BEACH, FLORIDA 08/17/2004 TUE 22:57 FAX 772 589 4520 INDIAN RIFER MACE UNIT Q002/005 ;El4T BY.:'INDtAN RIVER COUNTY SHERIFF DEPT;5816696144; SEP -20.02 16:13; PAGE 1 P_ARTICTFATING AGENCY. AGREEMENT Whereas, the Sheriff of Indian River County, Florida; the City of Vero Beach, Florida; and the City of Sebastian, Florida; have determined that as governmental units with responsibilities for the enforcement of Criminal Laws respecting Narcotics, Organized Crime, Racketeering and other Criminal Enterprises, they can makemore effiotant uee of their powers and resources and thereby provide a higher quality of law enforcement services to the public through cooperation of The parties, do thereby form a Joint Agency to be know' as the MULTI AGENCY CRTMINAL ENFORCEMENT UNIT, herein after referred to u 'MACE". Therefore, the parties do agree as follows: 1. PURPOSE The purpose of this agreement k the coordination ofa multi- agency law enforcement unit. Manpower and resources, shall be directed at Narcotics, Organized Crime, Racketeering and other Criminal Enterprises, in the City of Vero Beach, the City of Sebastian and the unincorporated areas of Indian River County, Florida The parties do hereby agree to a joint and common utilization of training and support functions, as well as the pooling of investigative resources. II. SOURCE OF POLICE AUTHORITY Pursuant to the provisions of Florida State Statute 23.1225, known as the Florida Mutual Aid Act, the parties to this agreement have the authority to utter auto a voluntary cooperation agreement. This voluntary cooperation agreement specifically provides for the multi jurisdictional Task Forcer, such as MACE A. Governing Board IIL ORGANIZATION Theca shall be a "GOVERNING BOARD" whose members shall be: The Sheriff of Indian River County, Florida The Chief of Polito of the City of Vero Bead, Florida The Chief of Police of the City of Sebastian, Florida The Governing Board shall hold meetings to be attended by the Governing Board mothers. The Governing Board shall have absolute supervisory authority over the MACE Unit. 08/17/2004 TUE 22:58 FAX 772 589 4520 INDIAN RIVER MACE UNIT @!009,005 :NT EY; INDIAN RIVER COUNTY CPERTFF DEFT;5615696144; €EP•3C•02 16:13; PAGE 2/4 B. Director There shall be appointed, by the Governing Board, a MACE Director, who shall have responsibility for the day to day command and administration of the MACE activities. Under tho Director duail be a supervisor from a member agony, who shall be assigned at the discretion of the Director. The Governing Board may entertain a motion to change the Director at any time. However, a change in Director shall be considered alter a Director has setved for a term of two years. The Director shall meet frequently with the Governing Board as determined by the Board to provide updated information on operational and :dative activities. The Director shall be granted the authority by the Governing Board to discipline MACE investigators, up to the level of written reprimand. Should discipline at the level of suspension or higher be required, it will be coordinated with the parent agency. In the event a disciplinary problem is severe, the Director shall relieve the investigator from MACE duty and notify the appropriate board member within 24 hours. A. report, detailing the Musa for the suspension will be ibrwardcd to the board member, no later than the following work day. A Dopy of all disciplinary actions will be forwarded to the parent agency. C. Personnel 2 Each of the member agencies shall contribute per sunncl to the MACS Unit in such numbers to be determined by the Governing Board. The respective sponsoring agencies shall retain full responsibility for the compensation, retirement and insurance of their assigned personnel. In the event a replacement investigator is needed from a member agency, the Director will be consulted in the catection of the replacement D. Operators The Indian River County Sheriffs Office will house all evidence collected by MACE and will ensure that evidence is properly stored and tested. The Governing Board shall determine the standard operating procedures that will be followed by personnel assigned to MACE. The MACE Unit may utilize any of the parent agencies specialized units such as; the Emergency Response Team and K -9 Unit 08/17/2004 TUE 22:59 FAX 772 569 4520 INDIAN RIVER MACE EMIT Z004/005 ;ENT BV: INDIAN RIVER COUNTY SHERIFF DEPT;b616696144; OP-20-02 10:13; PAGE 3/4 a A. Equipment The Governing Board shall provide MACE with all the equipment necessary for day to day operations, excluding weapons and equipment normally issued by the parent agency. Normally, the funding source for equipment will be the proceeds firm assets forfeited through criminal investigations conducted by MACE. Vehicles utilized by MACS will be furnished by the participating agencies if giant funds are not available to cover this expense. B. Operating Expenses The GoveminglBoard of MACE will provide funding for such items as office space, utilities, telephone and other operating expenses. The primary /Wading source, however, oil I be federal and state grants, supplemented by the proceeds of forfeiture actions initiated by MACE investigative activities. C. Asset Distribution 3 P/. FUNDING The Director will be accountable to the board for maintaining an inventory of all assets and maintaining records of all expenditures and distribution of funds. A bi- annual audit will be conducted by the Board or their designee of all fund expenditures by MACE_ Assets derived from the forfeiture of property seized, as the result of criminal investigations conducted by MACE, shall first be utilized to thud the operating budget of MACE, Any vehicles seized and forfeited to MACE shall first be considered for utilization by MAC& Any assets not requited to fund the MACE operating budget or needed to any out the mission of MACE., shall be distributed among the participating agencies in proportion wood to the number of m:tubers assiened to the unit at the time the assets were Beim. In the event the Governing Board discontinues the operadon of MACS, those funds and assets seized by and forfeited to MACE shall be distributed among the participating agencies In tares proportionate to the number of members assinned to the waif. Any equipment that was brought to MACE, by a participating agency, will revert back to that agency. A. Powers V. GOVERNING BOARD POWERS AND AUTHORITY The Governing Board shall be authorized to establish policy, promulgate rules and regulations, 08/17/2004 TVE 22:59 FAX 772 589 4520 INDIAN RIVER MACE UNIT 005/005 :Nt aY:,INDIAN RIVER COUNTY SHERIFF OEP7;501569 0144; set guidelines and otherwise provide for: 8. Meetings 1. The method of assigning personnel. 2. The purchasing policy. 3. The investigative direction of MACE. 4. Discipline of assigned pommel. 5. Any other necessary and proper matters agreed upon by the participating agencies. The Governing Board shall moot on a regular basis. Whore detailed procedures are called for, they shall be reduced to writing and ratified by the Board. The records of the Governing Board shall enjoy the sane confidentiality as is enjoyed with respect to law enforcement records created, held or maintained by each governmental agency. The Governing Board can vote to dissolve the Unit by a u jorily vote. This agreement may also be modified or amended by a majority vole of the Governing Board at anytime. This agreement shall take effect upon execution and approval by the named officials. SO AGREED AND DATED THIS 2nd DAY OF JANUARY, 200Z R7.OY RAfI;'MOND SHERIFF INDIAN RIVER COUNTY, FLORIDA A. DAVIS OF POLICE EBASTIAN, FLORIDA 4 VII. TERM aEp40 ;02 16;14; FACIE 414 OF P'WCE 0 BEAC FLORIDA