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HomeMy WebLinkAboutRES 21-207RESOLUTION NO. 21-207 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and 842ntl 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 Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2021. - Mayor Robin Mouton - DEPARTMENT OF THE ARMY MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND 842D TRANSPORTATION BATTALION 1360 Leonard Street BEAUMONT. Tx 777014610 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 842n' 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 DUD Directive 5400.11 (Reference (ah)). 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 per%rm 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 842i' 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" SUBJECT: 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 allowed by Texas law report shall be provided to the 5971h 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"d 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"d 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 842n° Transportation Battalion and shall not direct designated personnel to forward the report, but the public copy of the report shall be provided to the 597`h 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"d 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) 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 842Id 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 Fort 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"d 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'Fransportation 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 CPOs involving Service members. (2) When the 842"d Transportation Battalion receives a copy of an MPO from any military installation, the 842"d 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 parry. 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"d 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 Tyler D. Olsen; 842"d Transportation Battalion, 1350 Leonard Street, 409-784-3801, tvler.d.olsen.mil&mail.mil TYLER D.OLSEN LTC, LG Commanding Beaumont Police Department (Date) (Date) ShIyN' • �I. 4 � �STATfs OF gyp\ a � 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 involvhig.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 842d 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 (ah)). As used herein, the term "Service member" refers to an active duty Service member, Military Service Academy cadet or midshipmen, orNational 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 Of 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 842nd 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 SUBJECT: Memorandum of Understanding 842"d Transportation Battalion VA -SHARP so that it can be provided to the victim's conunander. if the victim so consents, the investigating officer(s) shall note on the top of the incident/investigation report "Copy to the 84:2"d Transportation Battalion" and the designated D&sotutel shall ensure the copy is forwarded. If the victim does not consent, the investigating. officer(s) shall note in the body ofthe 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 re ort, but the copy of the 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 incidentlinvestigation report to the 842"d 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"d 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"d Transportation Battalion and shall not direct designated personnel to forward the report, but the public copy of the: report shall be provided to the 597"' 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,,tle victim's consent to forward a copy of the CPO to the 842'id Transportation Battalion. If the victim so consents, the investigating officer(s) 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 2 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 fiom 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 Fort 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" d 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 CPOs involving Service members, (2) When the 842"a Transportation Battalion receives a copy of an MPO from any .military installation, the 842"d Transportation Battalion shall forward a copy of the MPO to the Beaumont Texas Police Department. 3 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 cominunication and dialogue between the par -ties. 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 fiom the 842°d Transportation Battalion and from the Beaumont Texas Police Department shall meet, as necessary and appropriate, to discuss open cases involving Seivice members and to share information regarding reciprocal investigations. D. The primary POC for this agreement is LTC Tyler D. Olsen; 842nd Transportation Battalio 0 Leonard Street, 409-784-3801, .d;olsenA mail.mil It. D. OLSEN Jam s P. Singletary LTC, LG Chief of Police Commanding Beaumont Police Department 3a hu h zo-L ► Tau,. aA (Date) (Date) 4