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HomeMy WebLinkAboutRES 14-045RESOLUTION NO.14 -045 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and 842nd Transportation Battalion, through the Department of the Army, to establish written procedures concerning the exchange of information, case investigations, cases involving civilian alleged offenders, jurisdiction, and coordination of efforts and assets in sexual assault cases involving an active duty Service member. Said Memorandum of Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2014. to 01 - Mayor Becky Ames - REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND 842D TRANSPORTATION BATTALION 1350 Leonard Street BEAUMONT, TX 77701 -3610 MEMORANDUM OF UNDERSTANDING BETWEEN 842nd TRANSPORTATION BATTALION AND BEAUMONT POLICE DEPARTMENT SUBJECT: Memorandum of Understanding 1. PURPOSE:: To establish written procedures concerning the exchange of information, case investigation, cases involving civilian alleged offenders, jurisdiction, and coordination of efforts and assets between the Beaumont Police Department in sexual assault cases involving an active duty Service member. 2. GENERAL: This MOU does not create additional jurisdiction or limit or modify existing jurisdiction vested in the parties. This MOU is intended exclusively to provide guidance and documents an agreement for general support between the 842"` Transportation Battalion and Beaumont Texas Police Department, located in Jefferson County Texas. Nothing contained herein creates or extends any right, privilege, or benefit to any person or entity. (See DoD Directive 5400.11 (Reference (all)). As used herein, the term "Service member" refers to an active duty Service member, Military Service Academy cadet or midshipmen, or National Guard or Reserve Service member when performing active service and inactive duty training (as defined in section 101(d) (3) of Reference (a)) or a member of the Coast Guard or Coast Guard Reserve (when the Coast Guard is operating as a service in the Navy). 3. RESPONSIBILITIES: A. The Beaumont Texas Police Department agrees to perform the following actions: (1) When investigating sexual assault cases, the Beaumont Texas Police Department will endeavor to determine whether the alleged offender is a Service member. If the alleged offender is a Service member, the investigating officer(s), to the extent allowed by Texas law, will endeavor to provide the public copy information, as defined by Texas law, of the 842 "d Transportation Battalion. A copy of the probable cause affidavit, with any applicable redactions as required by Texas Law, of any arrest made in the case will be forwarded as prescribed by this agreement. (2) When investigating sexual assault cases, the Beaumont 'Texas Police Department will endeavor to determine whether the victim is a Service member. If the victim is a Service member, the investigating officer(s) shall seek the victim's consent to forward the copy allowed by Texas law of the incident /investigation report to the EXHIBIT "A" SI. MIXT: Memorandum of Understanding 842"d Transportation Battalion VA -SHARP so that it can be provided to the victim's commander. If the victim so consents, the investigating officer(s) shall note on the top of the incident/investigation report "Copy to the 842 "d Transportation Battalion" and the designated personnel shall ensure the copy is forwarded. If the victim does not consent, the investigating officer(s) shall note in the body of the incident/investigation report that the victim did not consent to forwarding the report to the 842 "d Transportation Battalion and shall not direct designated personnel to forward the report, but the copy of the report allowed by Texas law report shall be provided to the 597"' Transportation Brigade Sexual Assault Response Coordinator (SARC). A copy of the probable cause affidavit of any arrest made in the case will be forwarded as prescribed by this agreement. (3) When responding to or investigating sexual assault cases, and the Beaumont Texas Police Department ascertains that the alleged offender and the victim are both Service members, the investigating officer shall seek the victim's consent to forward a public copy of the incident /investigation report to the 842 "`, Transportation Battalion VA- SHARP to provide a copy to the victim's commander. If the victim so consents, the investigating officer(s) shall note on the top of the incident /investigation report "Copy to the 842"' Transportation Battalion" and the designated Records personnel shall ensure the copy is forwarded. If the victim does not consent, the investigating officer(s) shall note in the body of the incident /investigation report that the victim did not consent to forwarding the report to the 842 "' Transportation Battalion and shall not direct designated personnel to forward the report, but the public copy of the report shall be provided to the 597t" Transportation Brigade Sexual Assault Response Coordinator (SARC). (4) When the Beaumont Texas Police Department receives a copy of a temporary or permanent civil protection order (CPO) issued by a court of competent ,jurisdiction, the investigating officer(s) shall ascertain whether the alleged offender is an active duty Service member. If the alleged offender is active duty, the investigating officer(s) shall note on the top of the CPO "Copy to the 842"' Transportation Battalion" and the designated Records personnel shall ensure the copy is forwarded as provided by Texas Code of Criminal Procedures Art, 5.05 Reports and Records. (5) When the Beaumont Texas Police Department receives a copy of a temporary or permanent CPO, the investigating officer(s) shall ascertain whether the victim is a Service member. If the victim is a Service member, the investigating officer(s) shall seek the victim's consent to forward a copy of the CPO to the 842"d Transportation Battalion. If the victim so consents, the investigating officer(s) 2 shall note on the top of the CPO "Copy to the 842"d Transportation Battalion" and the designated personnel shall ensure the copy is forwarded. If the victim does not SUBJECT: Memorandum of Understanding consent, the investigating officer(s) shall not request that a copy of the CPO be forwarded to the 842nd Transportation Battalion. (6) When the Beaumont Texas Police Department becomes aware of a violation of a term or provision of an MPO by a member of the military, the investigating officer(s) shall notify the designated representative from the Fort Sam Houston, TX CID of the violation. (7) The Beaumont Texas Police Department shall provide the Fort Sam Houston, TX CID with an area for Installation Law Enforcement investigators to conduct interviews of Service members who are involved in sexual assault incidents if the event occurred on military property or property where the military law enforcement investigators would have jurisdiction. (8) The Dort Sam Houston, TX CID shall, when appropriate, conduct joint investigations with the Beaumont Texas Police Department if incidents of sexual assault involve Service members. (9) When the victim in a sexual assault incident has been identified as a service member, the Beaumont Texas Police Department investigating officer(s) will endeavor to provide the victim with basic information, acquired from the 842"' Transportation Battalion VA -SHARP about local resources available to sexual assault victims. (10) As new Special Crimes Investigators are assigned to the Criminal Investigations Unit, their immediate supervisor shall provide them with copies of this MOU and basic instruction for effectuating the provisions of this MOU. B. The 842 "d Transportation Battalion agrees to perform the following actions: (1) The 842 "d Transportation Battalion shall designate an individual to act as liaison to the Beaumont Texas Police Department and to receive copies of incident/investigation reports stemming from an incident occurring off of the port and CFOs involving Service members. (2) When the 842"' Transportation Battalion receives a copy of an MI'O from any military installation, the 842 "`i Transportation Battalion shall forward a copy of the MPO to the Beaumont Texas Police Department. SUBJECT: Memorandum of Understanding 4. EFFECTIVE ADMINISTRATION AND EXECUTION OF THIS MOU: A. This MOU shall be reviewed annually and shall remain in full force and effect until specifically abrogated by one of the parties to this agreement with 60 days written notice to the other party. B. Effective execution of this agreement can only be achieved through continuing communication and dialogue between the parties. It is the intent of this MOU that channels of communication shall be used to resolve questions, misunderstandings, or complaints that may arise that are not specifically addressed in this MOU. C. Personnel from the 842 "" Transportation Battalion and from the Beaumont Texas Police Department shall meet, as necessary and appropriate, to discuss open cases involving Service members and to share information regarding reciprocal investigations. D. The primary POC for this agreement is LTC Bowser, Darrin; 842 "a Transportation Battalion, 1350 Leonard Street, 409- 784 -3801, darn •in.rn.bo,,Aser.milr4i?mail.mil DARRIN M, BOWSER LTC, LG Commanding (Date) 4 Kyle Hayes City Manager City of Beaumont (Date) 03/20/2014 14:31 4097843845 842ND TRANS BATT PAGE 02/05 DEPARTMENT OF THE ARM" MILITARY SURFACE DEPLOYMENT AND DISTR18UTIO i COMMAND 842D TRANSPORTATION BATTALION 1350 Leonard Street RFAUMONT, TX 77701-3610 MEMORANDUM OF UNDERSTAI IDING BETWEEN 842nd. TRANSPORTATION BATT, LION AND BEAUMONT POLICE DEPARTN ENT SUBJECT: Memorandum of Understanding 1. PURPOSE: To establish written procedures concerning the ;xchange of information, case investigation, cases involving civilian alleged offenders, jurisdi :tion, and. coordination of efforts and assets between the Beaumont Police Department in sexual . ssault cases involving an active duty Service member. 2. GENERAL: This MOU does not create additional jurisdicti >n or limit or modify existing jurisdiction vested in the parties. This MOU is intended exclusi rely to provide guidance and documents an agreement for general support between the 842"0 Transportation Battalion and Beaumont Texas Police Department, located in Jefferson Coun y Texas. Nothing contained herein creates or extends any right, privilege, or benefit to any 1 erson or entity. (See DOD Directive 5400.11 (Reference (ah)). As used herein, the term "` twice member" refers to an active duty Service member, Military Service Academy cadet c : midshiprnerz, or National. Guard or Reserve Service member when performing active service an I inactive duty training (as defined in section 101(d) (3) of Reference (a)) or a member of the Coa, t Guard or Coast Guard Reserve (when the Coast Guard is operating as a service in the Navy). 3. RESPONSIBILITIES., A. The Beaumont Texas Polies Department agrees to perform the ;following actions: (1) When investigating sexual assault cases, the Be Lument Texas Police Department will endeavor to determine whether the alleged >flender is a Service member. If the alleged offender is a Service member, the in iestigating officer(s), to the extent allowed by Texas law, will endeavor to provide the public copy infbrrnation, as defined by Texas law, of the 842"d Transportati, -n Batta.lion..A copy of the probable cause affidavit, with any applicable re, [actions as required by Texas Law, of any arrest made in the case will be forwarder as prescribed by this agreement. (2) When investigating sexual assault cases, the Be tumont Texas Police Department will endeavor to determine whether the victim i ; a. Service member. If the victim is a Service member, the investigating officer(s shall seek the victim's consent to forward the copy allowed by Texas law of the it .ciden.t/hivestigation report to the 09/20/2014 14:31 4097843845 842ND TRANS BATT PAGE 03/05 SUBJECT: Memorandum of Understanding 842" d Transportation Battalion VA-SHARI} so tl at it can be provided to the victim's commander. If the victim so consents, t] a investigating oflicer(s) shall note on the top of the incident/investigation repo t "Copy to the 842n" Transportation Battalion" and the designated per �onnel shall ensure the copy is forwarded. If the victim does not consent, the in, estigating officer(s) shall note in the body of the incident/investigation report that he victim did not consent to forwarding the report to the 842"d Transportation Battalion and shall not direct designated personnel to forward the report, but tl .e copy of the report allowed by Texas law report shall be provided to the 597 h 'I msportation Brigade Sexual Assault Response Coordinator (SARC). A copy ):f the probable cause affidavit of any arrest made in the case will be forwarded as )rescribed by this agreement. (3) When responding to or investigating sexual assa A cases, and. the Beaumont Texas Police Department ascertains that the alle; ;ed offender and the victim are both Service members, the investigating officer hall seek the victim's consent to forward a public copy of the in6dent/investigati, in report to the 842"d Transportation Battalion 'VA -SHARP to provide a copy to the victim's commander. If the victim so consents, the invest gating officer(s) shall note on the top of the incident/investigation report "Copy to the 842"d Transportation Battalion" and the designated Records personnel shall ensure the copy is forwarded. If the victim does not consent, the in -estigating officer(s) shall note in the body of the incid.ent/inyestigation report that the victirn did not consent to forwarding the report to the 842"d Transportation Battalion3 and shall not direct designated personnel to forward the report, but t ie public copy of the report shall be provided to the 597h Transportation Brigade iexual Assault Response Coordinator (SARC). (4) When the Beaumont Texas Police Department r- ceives a copy of a temporary or perm=ent civil protection order (CPO) issued b i a court of competent jurisdiction, the investigating officer(s) shall asc ;rtain whether the alleged offender is an active duty Service member. If thi alleged offender is active duty, the investigating officer(s) shall note on the top ►f the CPO "Copy to the 842" Transportation Battalion" and the designated Re :ords personnel shall ensure the copy is forwarded as provided by Texas Code of Criminal Procedures Art. 5.05 Reports and Records. (5) When the Beaumont Texas Police Department r :ceives a copy of a temporary or permanent CPO, the investigating officer(s) sha l ascertain whether the victim is a Service member. If the victim is'a Service mcml er, the investigating officer(s) shall seek the victim's consent to forward a cop; of the CPO to the 842"d Transportation Battalion. If the victim so conser Ls, the investigating officer(s) 03/20/2014 14:31 4097843945 842ND TRANS BATT PAGE 04/05 shall note on the top of the CPO "Copy to the 84 t"d Transportation Battalion" and the designated personnel shall ensure the copy is Forwarded. If the victim does not SUBJECT. Memorandum of Understanding consent, the investigating officer(s) shall not regi .est that a copy of the CPO be forwarded to the 842"d Transportation Battalion. (6) When the Beaumont Texas Police Department b+ comes aware of a violation of a terra or provision of att MPO by a member of the military, the investigating officer(s) shall notify the designated represeatati -e from the Fort Sam. Houston, TX CID of the violation. (7) The Beaumont Texas Police Department shall pr ►vide the Fort Sam Houston, TX CID with an area for Installation Law Enforcemc -it investigators to conduct interviews of Service members who are involves in sexual assault incidents if the event occurred on military property or property v here the military law enforcement investigators would have jurisdictic i_ (8) The Fort Sam Houston, TX CID shall, when.app opriate. conduct joint investigations with the Beaumont Texas Police I epartment if incidents of sexual assault involve Service members. (9) W17en the victim in a sexual assault incident has feen identified as a service member, the Beaumont Texas Police Departmen investigating officer(s)will endeavor to provide the victim with basic inforrn, ition, acquired from the 842nd Transportation Battalion VA -SHARP about loca resources available to sexual assault victims. (10) As new Special Crimes Investigators are assigne, l to the Criminal Investigations Urut, their immediate supervisor shall provide th :m with copies of this MOU and basic instruction for effectuating the p ,ovisiom of this MOU. ' B. The 842ed Transportation Battalion agrees to per. orm the following actions: (1) The 842"6 Transportation Battalions shall designa a an individual to act as liaison to the Beaumont Texas Police Department and tc receive copies of incident/investigation reports stemming from an neident rwcurrmg off of the port and CFOs involving Service members. (2) When the 842"`' Transportation Battalion receive a copy of an MPQ from any military installation, the 842"d Transportation Ba talion shall forward a copy of the MPQ to the Beaumoont Texas Police -Department. 03/20/2014 14:31 4097843845 842ND TRANS BATT PAGE 05/05 SUBJECT: Memorandum of Understanding 4. EFFECTIVE ADMINISTRATION AND EXECUTION OF I HIS MOU: A. This MOU shall be reviewed annually and shall) :main in full force and effect until specifically abrogated by one of the parties, o this agreement with 60 days written notice to the other party. B. Effective execution of this agreement can only bt achievers through continuing communication and dialogue between the parties It is the intent of this MOU that channels of communication shall be used to resol re questions, misunderstfandings; or complaints that may arise that are not specific, lly addressed in this MOU. C. Personnel from the $42"d Transportation Battalio i and from the Beaumont Texas Police Department shall meet, as necessary and a )propriate, to discuss open cases involving Service members and to share informaj ion regarding reciprocal investigations. D7 The primary POC for this agreement is LTC Box set. Darrin, 842°d Transportation Battalion, 1350 Leonard Street, 409-784-3801, & rrin.nl.bowser.mil@mail.trzil Dt�,RR]N M. f30WSER LTC, LG Commanding (Date) Kyl( Hayes City Manager City of Beaumont ?.1 ,q (Date)