MEMORANDUM OF UNDERSTANDINGi
? MEMORANDUM OF UNDERSTANDING
between the
Federal Bureau of Investigation
Critical Incident Response Group `-'
Violent Criminal Apprehension Program "
and the
Clearwater Police Department
Purpose:
To establish a working framework between the Federal Bureau of
Investigation (FBI), Critical Incident Response Group (CIRG),
Violent Criminal Apprehension Program (ViCAP) and the Clearwater
Police Department (CPD), in order to coordinate the collection,
analysis, and dissemination of information relating to violent
crimes within Clearwater, Florida, and the timely forwarding of
information collected by CPD via the ViCAP Crime Analysis Report
.B orm to the Florida Department of Law Enforcement (FDLE) and ViCAP.
oth CPD and ViCAP share the common goal of identifying patterns
and/or similarities among violent crimes which have been committed
by the same offender(s), and reported to the respective programs.
This information will be used to facilitate and coordinate
investigative interactions within and between agencies and
jurisdictions victimized by the same offender(s). By accomplishing
this goal the solution of these crimes can be greatly enhanced by
pooling the resources and information of what would most probably
be and remain independent, parallel, and separate investigations
altogether.
Articles:
A. Acknowledgment and Limitations of Relationship of the Clearwater
Police Department Office to the Federal Bureau of Investigation and
ViCAP
ViCAP acknowledges CPD as the most logical resource to
identify patterns and/or similarities among violent crimes
which occur in and around Clearwater, Florida. ViCAP also
encourages CPD to submit reports of violent crimes to ViCAP
• through the FDLE. CPD will serve as a liaison and facilitate
submissions from adjacent law enforcement agencies wishing to
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i include their data in the CPD database. In no case will the
FBI deny any direct service or assistance which it is
authorized by statute to provide, and which the totality of
circumstances and FBI policy would deem it appropriate to
provide to any Clearwater Police Department making a request
for service or assistance. CPD may utilize the ViCAP software
program for whatever administrative, investigative, and
reporting process it deems necessary to enhance its ability to
address violent crime issues impacting within its
jurisdiction.
B. Data Collection Instrument
The CPD agrees to use the ViCAP Crime Analysis Report
Form (FD-676 Rev.) which will serve as the nucleus of the CPD
data collection instrument. To that end, the FBI agrees to
provide to CPD, upon request, a sufficient number of ViCAP
Crime Analysis Report forms to meet the CPD data collection
needs. The FBI agrees to furnish the ViCAP Crime Analysis
Report form in an electronic transmission format when such
technology is available. The CPD may append a supplemental
instrument to the ViCAP Crime Analysis Report form for the
purpose of collecting additional information pertinent to the
• analysis of violent crimes which is deemed necessary by CPD to
accomplish its mission.
The CPD agrees to provide the personnel necessary to
administer the program, load data, and analyze those cases
occurring within Clearwater, Florida. Other agencies working
with CPD may contribute whatever resources are necessary to
fulfill this obligation.
The CPD agrees to enter all current year homicides (open
and closed), missing persons (still missing) where foul play.
is suspected, and unidentified dead via the ViCAP Crime
Analysis' Report format. The CPD also agrees to furnish ViCAP
reports on all open homicides for the past 10 years. Nothing
in this Memorandum of Understanding (MOU) shall preclude or
prohibit CPD from submitting any open cases that fit the
criteria for submission to ViCAP, or any homicide cases closed
by arrest where there is a possibility that the offender may
have committed other homicides.
The CPD assures that they will continue to data load to
VICAP until such time as this MOU is terminated by either
party.
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C. Technical Assistance
To facilitate the coordination and compatibility between
the CPD and ViCAP, ViCAP agrees to provide the appropriate
software program necessary to operate the respective program
responsibilities as outlined in this MOU.
The FBI agrees to provide assistance in the installation
of the ViCAP application and training in the use of the system
to include data entry, data transmission, and elementary,
inquiries.
The FBI agrees to furnish continued updates as the system
is enhanced or modified.
In order that ViCAP may coordinate the dissemination of
current and/or future enhanced software to any law enforcement
agency and to secure or modify MOUs with such agencies, CPD
will ensure the software furnished to CPD may not be
reproduced, disseminated, accessed by any other agency or
unauthorized persons without the prior authorization and
concurrence of the FBI's ViCAP Unit. Software conveyed to the
CPD will remain the property of ViCAP.
• D. Timeliness of CPD Submissions to ViCAP
Time is of the essence in the identification of patterns
and/or similarities and the possible solution of violent
crimes. Therefore, CPD agrees to forward the original ViCAP
Crime Analysis Report Form, or electronic reproduction, to the
FBI (Violent Criminal Apprehension Program, FBI Academy,
Quantico, VA 22135) as soon as the necessary information is
collected by the CPD.
E. Confidentiality
Both CPD and ViCAP agree that case information should be
handled in a confidential manner and that CPD has an
expectation of privacy. To that end, the Attorney General of
the United States has exempted the ViCAP system from
subsections (c) (3) , (d), (e)(40(G)and (H), (f) and (g) of the
Privacy Act pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). CPD
dissemination of information obtained from another agency and
contained in the ViCAP Crime Analysis Report form must be
compatible with the purpose and intent for which the
information was originally collected. In no case shall that
information be shared with any other person or agency, with
the exception of regular employees of the FBI's ViCAP or its
National Center for the Analysis of Violent Crime
(NCAVC)Coordinator, without the expressed and informed consent
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• of the agency making the original submission of that
information. In the event of a possible linkage between or
among two or more cases, the agency name, case
investigator's name, the case investigator's telephone number,
the agency's case number, and the victim's name for each
associated case may be provided to each of the involved case
investigators in accordance with the provisions of Article
F., below.
F. Coordination of Notification of Possibly Related Cases
The CPD shall make no notification regarding possibly
related cases which have been submitted to ViCAP via the CPD
.system without first notifying ViCAP of their findings and
intent to notify the concerned agencies. Likewise, ViCAP
shall make no notification regarding possibly related
Clearwater, Florida, cases received via the CPD system without
giving similar notice to CPD. This requirement of notice
shall not, however, prevent either CPD or ViCAP from
subsequently notifying the concerned agencies whether or not
agreement exists as to the validity of the tentative case
associations. The notification is to serve only as a means of
coordinating the activities of both CPD and ViCAP.
• G. VICAP/CPD Joint/Coordinated Training
ViCAP and the CPD shall provide, subject to budgetary and
other resource constraints, joint and/or coordinated training
to CPD law enforcement personnel for the purpose of advising
participants of the existence and coordination of each of the
respective programs as well as their operational requirements
and benefits.
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0 Signed this the day of P , 2003.
M'a?
Sid Klein
Chief of Police
Clearwater Police Department
Clearwater, Florida
r?
E
Stephen R. Wiley
Special Agent in Charge
Critical Incident Response Group
Federal Bureau of Investigation
r
Carl Whitehead
Special Agent in Charge
Tampa
Federal Bureau of Investigation
5
• ? e?
?aa
In Reply, Please Refer to
File No.
U.S. Department of Justice
Federal Bureau of Investigation
September 10, 2003
Sidney P. Klein 3
Chief of Police -?
Clearwater Police Department
645 Pierce Street
Clearwater, Florida 33756 #="
Dear Chief Klein,
Thank you for your interest in participating in the
FBI's Violent Criminal Apprehension Program (VICAP). We believe
it is through such communication and information sharing that
• we can all help make our communities safer.
Enclosed please find a VICAP Memorandum of
Understanding (MOU) between our agencies. It has been signed by
representatives of both the VICAP Unit and the Tampa Division.
Assuming you concur, please sign and date the MOU on its final
page, make appropriate copies for your records, and return to:
Special Agent Brian Kensel
500 Zack Street, Room 610
Tampa, Florida 33602-3917
We will then forward the completed MOU to the
appropriate unit at FBI Headquarters. Upon Headquarters receipt,
the required software will be forwarded to a VICAP representative
in your office.
Sincerely,
Carl Whitehead
Special Agent in Charge
LJ
Enclosure