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HomeMy WebLinkAboutBill No. 23-52 Approving an Extension of the Interlocal Agreementment Bet. SB & St. Joseph Co. for Mutual Inv. of Officer Involved Shootings 1200 COUNTY-Crit BUILDINGSOUTH B Pi toNm.574/235-9241 227 W.jtwF1 RsoN Boui F\'ARD o4 . FAx 574/235-7670 Souni BFND,INDIANA 46601-1830 ��' 1'1'x' .574/235 5567 U cl W PEACE i a J 1 . CI rY OF SOUTH BEND JAMES MUELLER,M.vYOR DEPARTMENT OF LAW Filed in Clerk's Office SANDRA KIsNNEDY 0)RPOR.VI'ION COUNSIl. 1 JUL 1 9 2023 July 19, 2023 (1-5A-17m.JONES CITY CLERK,SOUTH BEND,IN South Bend Common Council 227 West Jefferson Blvd, Suite 441 S South Bend, Indiana 46601 Re:A Resolution Approving an Interlocal Agreement Between the City of South Bend, Indiana,The City of Mishawaka, Indiana and the Board of Commissioners of St.Joseph County, Indiana for the Mutual Investigation of Officer-Involved Shooting in St.Joseph County Honorable Council Members, The South Bend Police Department is requesting the approval of our Interlocal Agreement with Mishawaka and St. Joseph County for the cooperative investigation of officer- involved shootings or deaths as a result of alleged other actions(s) of an officer in St. Joseph County. PD has a long history of cooperating with the Mishawaka Police Department and the St. Joseph County Police Department. The dissolution of the St. Joseph County Metro Homicide Unit necessitated the establishment of the practice and procedure for a thorough, fair, and impartial investigation of incidents in which a person is injured or dies as the result of an officer- involved shooting or dies as a result of alleged other action(s) of an officer. All parties, SBPD included, agree that continuation of this collaboration is in the public's best interest. The attached resolution approves the Interlocal Agreement attached as Exhibit A and hereby incorporating Exhibit 1 the related Memorandum of Understanding. There is no exchange of funds related to this Interlocal Agreement. The Interlocal Agreement is currently being reviewed by the City of Mishawak and the St.Joseph Board of Commissioners. In addition to approval by the two Boards, the South Bend Police Department is requesting the Common Council's review and approval. This Service Agreement would be retroactive to January 1st, 2023 and continues until terminated by any party. JENNA THROW THOMAS E.PANOWICZ KATHRYN HOUGH MICHAEL SCHMIDT ADA:MMTAYLOR KYLIF.CONNELL DANIELLE WEISS I, Kylie Connell, SBPD Legal Counsel have thoroughly reviewed it as well. I will present this to the Common Council. Thank you for your consideration. Sincerely, r#e 616>ruter Kylie Connell Assistant City Attorney KCc Filed in Clerk's Office Jul 1 , 2023 D WN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office BILL NO. 23-52 1 91111 RESOLUTION NO. 5049-23 AWN M.JONES CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE CITY OF MISHAWAKA, INDIANA AND THE BOARD OF COMMISSIONERS OF ST.JOSEPH COUNTY, INDIANA, FOR THE MUTUAL INVESTIGATION OF OFFICER-INVOLVED SHOOTINGS IN ST. JOSEPH COUNTY WHEREAS, the City of South Bend, Indiana, through the South Bend Police Department ("SBPD")has a history of cooperating.with the City of Mishawaka and St. Joseph County in the investigation of officer-involved shootings or deaths in St. Joseph County; and WHEREAS, the City of South Bend, the City of Mishawaka, and St. Joseph County have established practices and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged other action(s) of an officer; and WHEREAS, Indiana Code 36-1-7,the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of others,powers that may be exercised by such units severally; and WHEREAS, the Indiana Cities of South Bend and Mishawaka, along with the County of St. Joseph share a combined interest in entering into an Interlocal Agreement so that by working cooperatively,they may thoroughly,fairly,and impartially investigate incidents of officer-involved shootings or deaths as a result of alleged other action(s) of an officer in St. Joseph County; and WHEREAS, pursuant to IC 36-1-7, the City will cooperatively assist the City of Mishawaka and St. Joseph County by investigating incidents of officer-involved shootings or deaths as a result of alleged other action(s) of an officer of the Mishawaka Police Department or the St. Joseph County Police Department; and WHEREAS, The City of South Bend, the City of Mishawaka, and St. Joseph County, Indiana, have entered into an Interlocal Agreement, a copy of which is attached hereto and incorporated herein as Exhibit A, containing all the governing provisions for South Bend's participation in the cooperative investigation service. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana,has considered and hereby ratifies, confirms, and approves the Interlocal Agreement attached as Exhibit A to this Resolution, governing the City of South Bend Police Department's participation in the investigation of officer-involved shootings and deaths as a result of alleged other action(s) of an officer in St. Joseph County, Indiana. Section II. The Common Council President, Mayor, and City Clerk are authorized to execute the Interlocal Agreement in form and substance the same as or substantially similar to that of the Agreement attached hereto as Exhibit A. Section III. This Resolution shall be in full force and effect retroactively as of January 1, 2023 from and after its adoption by the Common Council and approval by the Mayor. Sharon McBride, Common Council President Attest: Dawn M. Jones, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2023 at o'clock_ . m. Dawn M. Jones, City Clerk Approved and signed by me on the day of , 2023 at o'clock .m. James Mueller, Mayor, Cit ou • not Re• in dr s ice JUL 19 1023 DAWN M.JONES CITY CLERK, SOUTH BEND,IN Filed in Clerk's Office JUL 192123 1 DAWN M. JONES ST. JOSEPH COUNTY OFFICER-INVOLVED SHOOTING INVE' 6"a .11' , SOUTH BEND, IN INTERLOCAL AGREEMENT This St. Joseph County Officer-Involved Shooting Investigations Interlocal Agreement (this "Agreement") is entered into on , 2023 by and between the Board of Commissioners of St. Joseph County, Indiana (the"County"), the City of South Bend, Indiana ("South Bend"),and the City of Mishawaka,Indiana("Mishawaka")(collectively,the"parties") as it relates to the South Bend Police Department's (the "SBPD"), the Mishawaka Police Department's (the "MPD"), and the St. Joseph County Police Department's (the "SJCPD") investigation of incidents in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged other action(s) of an officer. RECITALS A. The SBPD is a public safety and law enforcement unit supervised by the Chief of Police (the "SBPD Chief") and operating within South Bend in St. Joseph County, Indiana, in accordance with its legal authority and jurisdiction; and B. The MPD is a public safety and law enforcement unit supervised by the Chief of Police(the "MPD Chief) and operating within Mishawaka in St. Joseph County, Indiana in accordance with its legal authority and jurisdiction; and C. The SJCPD is a public safety and law enforcement unit supervised by the Sheriff(the"Sheriff) and operating within St. Joseph County, Indiana in accordance with its legal authority and jurisdiction;and E. The parties desire to continue past and ongoing efforts to cooperate and coordinate their functions and expertise and agree that the terms, conditions, and operations provided for in this Agreement will be in the best interest of their respective communities; and F. The parties are governmental entities and political subdivisions organized and existing pursuant to the laws of the State of Indiana; and G. Indiana Code 36-1-7,the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of others, powers that may be exercised by such units severally; and H. The parties agree that it is desirable, advantageous, and in the public interest to enter into an Agreement for joint and cooperative action as embodied herein. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and pursuant to the authority granted the parties under Ind. Code 36-1-7, the parties agree as follows: Exhibit A Article I. Statutory Authority; MOU Incorporated Section 1.01 Authority. The parties make this Agreement under the authority and subject to the terms and provisions of the Interlocal Cooperation Act, Ind. Code 36-1-7 (the "Act"). The parties agree that, upon its full approval by South Bend, Mishawaka, and the County (and their respective fiscal bodies,),this Agreement will satisfy each requirement of Section 4(a)of the Act,exempting it from the necessity of approval by the Indiana Attorney General. Section 1.02 MOU Incorporated. The parties agree to the terms and understandings set forth in the Memorandum of Understanding between SBPD, MPD, and SJCPD attached hereto as Exhibit 1. The MOU includes the purpose, duration, termination, staffing/supplying, and administration of this Agreement. Section 1.03 Budget. Each agency is responsible for their own cost of involvement. 1.C. 36-1-7-7 applies to each agency. In the event that any money is received or disbursed, the St. Joseph County Treasurer is delegated the duty to account for all monies. Article IL General Provisions Section 11.01.No Third-Party Beneficiaries. The parties expressly disclaim the existence of any third-party beneficiaries of this Agreement. Nothing in this Agreement, express or implied, is intended or will be construed to confer upon any person or entity, other than the parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third- party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof will be for the sole and exclusive benefit of the Parties. Section 11.02. Relationship. Nothing in this Agreement will be construed to create an agency or joint-venture relationship between South Bend, Mishawaka, and the County, and no employee of the County, will be deemed an employee of South Bend or Mishawaka. Section 11.03. Indemnification. The Parties agrees to defend, indemnify, and hold harmless each Party (and their officers and employees) from and against any and all claims of any nature which arise from the performance by the Parties under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence of the Parties(or their officers or employees). The obligations of the Parties under this Section 11.03 will survive the expiration or termination of this Agreement. Section 11.04.Assignment. No party may assign this Agreement or any of its rights, interests, obligations, or duties hereunder, whether by operation of law or otherwise, without the express written consent of the other parties. Section 11.05.No Waiver. The failure or delay of any party to enforce at any time any provision of this Agreement shall not be construed as a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision.No waiver of any such right will have effect unless given in writing signed by the party waiving such right.No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach.No waiver of any right will be deemed a waiver of any other right hereunder. Section 11.06. Severability. Should any part of this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or against public policy, said offending section shall be void and of no effect, and shall not render any other section herein, nor this Agreement as a whole, invalid. Those rights, interests, obligations, and duties hereunder, which by their nature should survive, shall remain in effect after termination, suspension, or expiration hereof. Section 11.07. Non-Discrimination. Pursuant to Ind. Code § 22-9-1-10, neither the parties, nor any of their contractors or subcontractors shall discriminate against any employee or applicant for employment, to be employed in the performance of any work under this Agreement with respect to hire, tenure,terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. Section 11.08. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall be deemed to be an original, and such counterparts,together, shall constitute but one and the same Agreement. Section 11.09. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Indiana, and any dispute relating to the subject of or arising out of this Agreement shall be subject to the sole and exclusive jurisdiction of the Circuit and Superior Courts of St. Joseph County, Indiana. Section 11.10. Further Assurances. The parties agree that they will each undertake in good faith, as permitted by law, any action and execute and deliver any document reasonably required to carry out the intents and purposes of this Agreement. Section 11.11. Exhibits. All Exhibits described herein and attached hereto are incorporated into the Agreement by reference. (Exhibit 1) Section 11.12. Entire Agreement. This Agreement, as it may be amended from time to time, encompasses the entire agreement of the parties concerning its subject matter, and no understanding, discussion, negotiation, or agreement will be binding on the parties unless it is set forth herein. [Signature page follows.] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. ST. JOSEPH COUNTY, CITY OF SOUTH BEND, CITY OF MISHAWAKA, INDIANA INDIANA INDIANA Carl Baxmeyer, James Mueller, Mayor Dave Wood, Mayor President of the Board of Commissioners ATTEST: ATTEST: Deborah Fleming, D.M.D., Dawn Jones, South Bend Deborah Block, Mishawaka Vice President of the Board City Clerk City Clerk of Commissioners Derek Dieter, Member of the Board of Commissioners ATTEST: John Murphy, St. Joseph County Auditor APPROVED pursuant to APPROVED pursuant to APPROVED pursuant to St. Joseph County Council. South Bend Common Mishawaka Common Resolution Council Resolution Council Resolution No.: No.: No.: Randall L. Figg,President of Sharon McBride, President Gregg Hixenbaugh, St. Joseph County Common of the South Bend Common President of Mishawaka Council Council Common Council MEMORANDUM OF UNDERSTANDING BETWEEN THE MISHAWAKA POLICE DEPARTMENT, THE ST.JOSEPH COUNTY POLICE DEPARTMENT, AND THE SOUTH BEND POLICE DEPARTMENT This Memorandum of Understanding(MOU) sets forth the terms and understanding between the Parties: Mishawaka Police Department(MPD),the St. Joseph County Police Department (SJCPD), and the South Bend Police Department (SBPD), to establish practice and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer- involved shooting or dies as a result of alleged other action(s)of an officer. I. BACKGROUND As of December 31, 2021,the St. Joseph County Metro Homicide Unit(MHU)dissolved. Previously officer-involved shootings or deaths as the result of alleged other action(s)of an officer were investigated by MHU. The dissolution of MHU necessitates the establishment of practice and procedure for a thorough, fair,and impartial investigation of incidents in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged other action(s)of an officer. II. DURATION The Parties enter into this MOU voluntarily. This MOU may be modified in writing by mutual consent of authorized officials from MPD, SJCPD, and SBPD. This MOU shall be effective as of January 1, 2023 and upon signature by the Chief of MPD,the Sheriff of SJCPD, and the Chief of SBPD, and will continue until terminated in writing by any party with 30 days of notice. Upon 30 days' notice, any work on outstanding investigation(s)will continue until completed by the investigating agency. III. PURPOSE AND SCOPE The purpose of this MOU is to establish practice and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged other action(s)of an officer. This does not include jail deaths or incidents. In other incidents not covered by this MOU, the Chief(s) of Police or Sheriff of the involved department may decide that the investigation will follow the process provided in this MOU. Each Department shall operate accordingly within their respective policies. IV. PROCESS The policy of each Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair, and impartial manner. 1. TYPES OF INVESTIGATIONS-Officer-involved shootings and deaths involve several separate investigations. The investigations may include: a. A criminal investigation of the suspect's actions. b. A criminal investigation of the involved officer's actions. c. An administrative investigation as to policy compliance by involved officers. d. A civil investigation to determine potential liability. Page 1 of 7 Exhibit 1 2. CONTROL OF INVESTIGATIONS-The control of the investigation, as determined by the type of investigation, is as follows: a. CRIMINAL INVESTIGATIONS-The control of the criminal investigation into the involved officer's conduct during the incident will be determined by the employing agency's protocol and through this MOU. i. Investigators from surrounding agencies will be assigned to work on the criminal investigation of officer-involved shootings and deaths. One uninvolved agency shall be the lead investigating agency and will provide a lead investigator and lead evidence technician. The lead agency shall be responsible for collection and proper chain of custody of all evidence. The assigned investigators will be referred to herein as the joint criminal investigation team. This may(based on agency personnel issues) include at least one investigator from the agency that employs the involved officer, however all measures should be taken to ensure this does not occur. NOTE: if a SBPD officer is involved,then the joint criminal investigation team would consist of SJCPD and MPD;SJCPD involved then MPD and SBPD would investigate; if MPD involved, then SJCPD and SBPD would investigate. ii. The criminal investigation will be handled according to the Criminal Investigation section of this MOU. b. ADMINISTRATIVE AND CIVIL INVESTIGATION-Regardless of where the incident occurs,the administrative and civil investigation of each involved officer is controlled by the respective employing agency. 3. INVESTIGATION PROCESS-The following are the standard procedures used in the investigation of an officer-involved shooting or death: a. UNINVOLVED OFFICER RESPONSIBILITIES-Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved by the lead agency. This officer should,as appropriate: i. Secure the scene and identify and eliminate hazards for all those involved. ii. Check for injured persons and evacuate as needed. iii. Take reasonable steps to obtain emergency medical attention for injured individuals. iv. Request additional resources from their department or other agencies. v. Coordinate a perimeter or pursuit of suspects. vi. Brief the lead agency upon arrival. b. DEPARTMENT/SUPERVISOR RESPONSIBILITIES-Upon arrival at the scene, the first uninvolved supervisor should ensure completion of the duties as outlined above,plus: i. Attempt to obtain a brief overview of the situation from any uninvolved officers. 1. If there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer. Page 2 of 7 ii. If necessary, the involved-agency supervisor may administratively order any involved-agency officer(s)to immediately provide public safety information necessary to secure the scene, identify injured parties,and pursue suspects. 1. Public safety information shall be limited to such things as outstanding suspect information,number and direction of any shots fired,perimeter of the incident scene, identity of known or potential witnesses, and any other pertinent information. 2. The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. iii. Provide all available information to the respective-agency Shift Supervisor and Communication Center. If feasible, sensitive information should be communicated over secure networks. iv. Take command of and secure the incident scene with additional members until properly relieved. v. As soon as practicable, ensure that involved officers are transported (separately,if feasible)to a suitable location for further direction. vi. Each involved officer should be given an administrative order not to discuss the incident with other involved officers or department members pending further direction from their supervisor. vii. Witness Identification and Interviews-Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with joint criminal investigation team to utilize available law enforcement personnel for the following: 1. Identification of all persons present at the scene and in the immediate area. 2. Witnesses who are willing to provide a formal interview should be asked to meet or be transported to where investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by any officer(except those who are directly involved). c. DEPARTMENT/SHIFT SUPERVISOR RESPONSIBILITIES-Upon learning of an officer-involved shooting or death,the Department Shift Supervisor shall be responsible for coordinating all aspects of the incident until they are relieved by lead agency. d. INQUIRIES OF INCIDENT-All outside inquiries about the incident shall be directed to the commander or authorized designee of the assigned joint criminal investigation team. 4. NOTIFICATIONS-The following persons shall be notified as soon as practicable: • Chief of Police/Sheriff• Division Chief(s) • Office of Professional Standards/Internal Affairs (IA) • Critical Incident Stress Management(CISM)Team • Chaplain• Coroner(if necessary) • Involved officer's agency representative(if requested) • Public Information Officer• St. Joseph County Prosecutor's Office Page 3 of 7 • City/County legal 5. AUDIO AND VIDEO RECORDINGS-Any officer involved in a shooting or death shall be permitted to review available Mobile Audio/Video (MAV),body-worn video (B WC), CAD entries or other video or audio recordings prior to providing a recorded statement or completing reports. I.C. § 36-8-2.1.5 Any MAV,body-worn video, CAD entries and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the City or County Attorney's Office,as appropriate. Any MAV,body-worn video, CAD entries and other known video or audio recordings of an incident shall be retained until otherwise authorized by the City or County Attorney's Office. 6. INVOLVED OFFICERS-The following shall be considered for the involved officer: a. Any request for legal representation will be accommodated. i. Any involved officer will be afforded the opportunity to consult individually with a representative of their choosing or an attorney prior to providing a formal interview or report. ii. Involved officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report. b. Discussions with licensed attorneys will be considered privileged as attorney- client communications (I.C. § 34-46-3-1). c. Discussions with agency representatives will be privileged only as to the discussion of non-criminal information. d. A licensed psychotherapist should be provided by the respective department to each involved officer. A licensed psychotherapist may also be provided to any other affected members, upon request. i. Interviews with a licensed psychotherapist will be considered privileged (I.C. § 34-46-3-1). ii. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. iii. A separate fitness-for-duty exam may also be required. e. Communications with critical incident stress management services providers and peer support team members are generally confidential and may not be disclosed to a third party or in a criminal, civil,or administrative proceeding without a court order or as authorized by I.C. § 36-8-2.5-2. f. Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. g. Each involved officer should be given reasonable administrative leave following an officer-involved shooting or death. Page 4 of 7 7. CRIMINAL INVESTIGATION-The lead agency is responsible for oversight of the criminal investigation as to the circumstances of any officer-involved shooting involving injury or death,or death as a result of alleged other action(s)of an officer. Any involved department administrative or civil investigation shall not interfere with or supersede the criminal investigation. Once public safety issues have been addressed,the joint criminal investigation team should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The involved member shall be given the opportunity to make a statement at that time or later,but in any event,within 72 hours barring extenuating circumstances. Before giving any statement, an involved member shall be given the opportunity to review their MVR(mobile video recorder)and CAD entries. The following shall be considered for the involved officer: a. Supervisors and Office of Professional Standards/IA personnel should not participate directly in any voluntary interview of officers. This will not prohibit such personnel from monitoring interviews or indirectly providing topics for inquiry. b. If requested, any involved officer will be afforded the opportunity to consult individually with a representative of their choosing or an attorney prior to speaking with investigators. However,to maintain the integrity of each involved officer's individual statement, involved officers shall not consult or meet with a representative or attorney collectively or in a group prior to being interviewed. c. If any involved officer is physically,emotionally, or otherwise not in a position to provide a voluntary statement when interviewed by investigators,the 72-hour guide/rule applies(NOTE: barring extenuating circumstances). d. Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including an administrative investigation. However, no administratively obtained statement will be provided to any investigator(s)unless the officer consents(Garrity Rule). 8. REPORTS BY INVOLVED OFFICERS-If suspect(s)remain outstanding or subject to prosecution for related offenses, each department shall retain the authority to require involved officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities. Nothing in this section shall be construed to deprive an involved officer of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal departmental procedures but should also be included for reference in the investigation of the officer-involved shooting or death. Page 5 of 7 9. ADMINISTRATIVE INVESTIGATION-In addition to all other investigations associated with an officer-involved shooting, each department shall conduct an internal administrative investigation of involved officers to determine conformance with department policy. This investigation shall be conducted under the supervision of the respective Office of Professional Standards/IA. Interviews and interrogations of members shall be subject to department policies, contract(s)or working agreements, and applicable laws. 10. CIVIL LIABILITY RESPONSE-A member of the involved department may be assigned to work exclusively with the legal counsel for the involved department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation. All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations. 11. DEBRIEFING-Following an officer-involved shooting or death, the involved department should conduct both a critical incident/stress debriefing and a tactical debriefing. Furthermore, the use of peer support program is strongly encouraged to offer mental,emotional, and physical support to service members. a. CRITICAL INCIDENT/STRESS DEBRIEFING-A critical incident/stress debriefing should occur as soon as practicable. The applicable Division Chief or Commander is responsible for organizing the debriefing.Notes and recorded statements shall not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event. The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law, or a valid court order. Attendance at the debriefing should only include those members of the department directly involved in the incident, which can include involved support personnel. Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the department, including supervisory and Office of Professional Standards personnel. b. TACTICAL DEBRIEFING-A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police/Sheriff should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to the investigators and administrative investigators. 12. MEDIA RELATIONS- Media releases are generally prepared and disseminated by the lead agency, in coordination with the involved legal department.No other department members shall make any comment to the media unless they are authorized by the lead agency's Chief of Police/Sheriff,in coordination with the involved department's Chief of Police/Sheriff. Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the Chief of Police/Sheriff,or lead agency. Page 6 of 7 V. FUNDING This MOU is not a commitment of funds. VI. REPORTING SPBD, MPD, and SJCPD will meet,to evaluate effectiveness and adherence to this MOU, annually on the first Monday in February or at a mutually agreeable time in February. VII. COUNTERPARTS This MOU may be executed in counterparts, all of which shall be deemed originals. VIII. GOVERNING LAW This MOU shall be governed by the laws of the State of Indiana and venue shall be in St. Joseph County, Indiana. THE UNDERSIGNED have read and understand the forgoing terms of this MOU and do, by their respective signatures hereby agree to its terms. Date: Py' /e*'ozoc33 Scott Ruszkowski Chief of Police South Bend Police Department - - te Date: 06 1--43A. enneth WI �owski Chief of Police Mishawaka Police Department 4. QA4_ Date: q- 21- 73 William Redvan Sherriff jVl St. Joseph County Police Department Filed in Clerk's Office JUL 1 911123 DAWN M.JONES CITY CLERK,SOUTH BEND,IN Page 7 of 7