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MEMORANDUM OF UNDERSTANDING <br /> BETWEEN THE MISHAWAKA POLICE DEPARTMENT, <br /> THE ST.JOSEPH COUNTY POLICE DEPARTMENT, <br /> AND THE SOUTH BEND POLICE DEPARTMENT <br /> This Memorandum of Understanding(MOU) sets forth the terms and understanding between <br /> the Parties: Mishawaka Police Department(MPD),the St. Joseph County Police Department <br /> (SJCPD), and the South Bend Police Department (SBPD), to establish practice and procedures <br /> for the investigation of an incident in which a person is injured or dies as the result of an officer- <br /> involved shooting or dies as a result of alleged other action(s)of an officer. <br /> I. BACKGROUND <br /> As of December 31, 2021,the St. Joseph County Metro Homicide Unit(MHU)dissolved. <br /> Previously officer-involved shootings or deaths as the result of alleged other action(s)of an <br /> officer were investigated by MHU. The dissolution of MHU necessitates the establishment of <br /> practice and procedure for a thorough, fair,and impartial investigation of incidents in which a <br /> person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged <br /> other action(s)of an officer. <br /> II. DURATION <br /> The Parties enter into this MOU voluntarily. This MOU may be modified in writing by mutual <br /> consent of authorized officials from MPD, SJCPD, and SBPD. This MOU shall be effective as of <br /> January 1, 2023 and upon signature by the Chief of MPD,the Sheriff of SJCPD, and the Chief of <br /> SBPD, and will continue until terminated in writing by any party with 30 days of notice. Upon <br /> 30 days' notice, any work on outstanding investigation(s)will continue until completed by the <br /> investigating agency. <br /> III. PURPOSE AND SCOPE <br /> The purpose of this MOU is to establish practice and procedures for the investigation of an <br /> incident in which a person is injured or dies as the result of an officer-involved shooting or dies <br /> as a result of alleged other action(s)of an officer. This does not include jail deaths or incidents. <br /> In other incidents not covered by this MOU, the Chief(s) of Police or Sheriff of the involved <br /> department may decide that the investigation will follow the process provided in this MOU. Each <br /> Department shall operate accordingly within their respective policies. <br /> IV. PROCESS <br /> The policy of each Department is to ensure that officer-involved shootings and deaths are <br /> investigated in a thorough, fair, and impartial manner. <br /> 1. TYPES OF INVESTIGATIONS-Officer-involved shootings and deaths involve <br /> several separate investigations. The investigations may include: <br /> a. A criminal investigation of the suspect's actions. <br /> b. A criminal investigation of the involved officer's actions. <br /> c. An administrative investigation as to policy compliance by involved officers. <br /> d. A civil investigation to determine potential liability. <br /> Page 1 of 7 <br /> Exhibit 1 <br />