18-12 Interlocal Agreement between the City of South Bend and St. Joseph County Metro Units

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Section 3.11 Reports and Files. A Metro Unit supervisor must review and approve all investigative reports, which are prepared and submitted by Metro Unit Investigators. Once approved, all investigative reports will become a part of a numbered investigative file. The Metro Unit Investigators may utilize their own investigative report format provided they conform to the criteria outlined by the Metro Unit commander. All investigative reports and related documents, civil or criminal, will be considered permanent records of the Metro Unit. The Metro Unit is responsible for maintaining a readily accessible copy of every Metro Unit-generated investigative report. Any public requests for access to the records or any disclosures of information obtained by Metro Unit Investigators will be handled by the Prosecutor, in accordance with applicable statutes,regulations, and policies pursuant to the Freedom of Information Act and the Privacy Act, Access to Public Records Act, and other applicable State and federal statutes or regulations. Reports properly requested by Internal Affairs or the City Legal Department will be provided by the Metro Unit and will be protected with the same level of confidentiality the Metro Unit and Prosecutor require. During the course of the investigation,information relating to persons involved,locations, vehicles used and any other relevant information deemed law enforcement actionable intelligence will be shared via the Crime Portal, CIB, e-mail, Law Enforcement Strategy Sessions (L.E.S.S.) meeting dissemination, and in person to fellow law enforcement officers from SBPD. Intelligence regarding the identity of confidential sources, informants, undercover officers or any other information which could compromise safety of such person(s)or any officer or the integrity of an investigation will be withheld when necessary. Such information will only be released to the Chief or his designee. Article IV. Unit-Specific Provisions Section 4.01. CMHU-Specific Provisions. The provisions set forth in this Section 4.01 pertain to the CMHU alone. In the event of any conflict between the terms of this Section 4.01 and any other Section or provision of this Agreement,the terms of Section 4.01 will prevail. (a) The Prosecutor will provide a commander to serve as the head of the CMHU. The commander will report on a monthly basis to the Chief or his/her designee concerning the status of the investigations and case assignments. (b) The SBPD agrees to make available to its assigned CMHU Investigators any equipment, including encrypted 800 MHz radios and batteries, ordinarily assigned for use in the course of CMHU investigations,provided,however,that such equipment is exclusively designated for use by SBPD officers. Any equipment donated or loaned by SBPD to CMHU is the responsibility of the Prosecutor for maintenance, repairs, service agreements, and any injuries or damages arising out of the CMHU's use of such equipment unless otherwise agreed to by the parties at that time. It will be the responsibility of the CMHU to provide any other equipment, including, but not limited to, cellular communication devices and office supplies,to all assigned Investigators. (c) The SBPD will assign police,preferably unmarked, vehicles to be used solely by SBPD officers for use in the course of investigations. A limited number of spare police vehicles are maintained at the SBPD for use when SBPD officers are having maintenance done to Page 6