MEMORANDUM OF UNDERSTANDING/JOINT TAST FORCE COORDINATED LAW ENFORCEMENT AREA NARCOTICS
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MEMORANDUM OF UNDERSTANDING
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THIS MEMORANDUM is entered into by the undersigned this
day of May, 1981, a~ Representatives of their respective
law enforcement agencies.
WITNESSETH
WHEREAS~ each of the parties to this Memorandum recognizes
the need for the establishment and operation of a joint task force
comprised of the various law enforcement agencies represented herein.
Criminals operating in Piriellas County, especially those involved in
the area of major narcotics, burglary, and related offenses violate
the law without regard to jurisdictional boundaries. Effective law
enforcement investigatio.n, apprehens ion, and ultimately successful
prosecution, will be greatly enhanced by a joint cooperative effort
specifically targeting these areas of criminal violations.
THEREFORE, the parties hereto enter into this Memorandum of
Under~tanding, as follows:
1. NAME: The parties will participate in a common
investigative effort which shall be known as the Coordinated Law
Enforcement Area Narcotics Unit of Pinellas, hereinafter referred to
as "CLEAN."
2. PURPOSE: The purpose of CLEAN is to provide a mechanism
for the effective investigation of criminal activities originating
and/or operating in Pinellas County, Florida, which, by their nature,
present difficult problems of enforcement to the various individual
local law enforcement agencies. By coordinating physical resources,
manpower, and criminal intelligence, the efficiency and'effectiveness
of these criminal investigations will be increased.
3. SCOPE: The scope of the investigative effort shall be
initially limited to the investigation of major narcotic violations
with possible future emphasis on burglary--stolen property type offenses.
However, the Board of Directors, shall have the authority to broaden
or narrow the scope of investigation as further provided herein.
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4. AUTHORITY: The Sheriff of pinellas County, as a Consti-
tutional officer and as Chief Law Enforcement Officer oL the county, b~
entering this agreement solicits and sanctions the participation of
the agencies involved herein. In furtherance thereof, the Sheriff
specifically stipulates and agrees that all agents and officers
operating under the terms of this Agreement, shall be provided with
the full enforcement powers available to the Sheriff of Pinellas
County or any lawfully commissioned Deputy Sheriff.
5. PARTIES: The parties hereto, as representatives of their
respective agencies, after having received independent legal advice,
hereby adopt the terms of this Memorandum. The parties and agencies
participating in "CLEAN" are:
Sheriff Gerry Coleman, Pinellas County Sheriff's Department
Special Agent In Charge Danny Johnson, Florida Department of
Law Enforcement
James T. Russell, State Attorney, Sixth Judicial Circuit
Chief Sam Lynn, St. Petersburg Police Department
Chief Sid Klein, Clearwater Police Department
Chief Darrel Stephens, Largo Police Department
Chief Ed Smith, Dunedin Police Department
Chief Ernest VanHorn, pinellas Park Police Department
6. GOVERNING BOARD: CLEAN shall be goverened by a Board of
Directors comprised of the Heads of those agencies who supply personnel
to the unit. The Sheriff of Pinellas County shall sit as Chairman.
a. AUTHORITY: The Board of Directors shall have the
sole responsibility and authority to:
1. Designate a unit commander, and define his
authority and responsibility.
2. Establish guidelines for identifying and
pursuing investigative targets.
3. Establish guidelines related to the use of
investigative funds.
4. Establish general operating policy guidelines.
5. Provide for the submission and approval of
operational budget requests.
6. Admit additional participants to the unit upon
approval of a majority of Board members.
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b. MEETINGS:
The Board of Directors shall meet once
per month or more often as required. The Chairman shall be respon-
sible for providing notice of the time and place of such meetings.
The Chairman shall have responsibility for chairing and conducting
each meeting of the Board of Directors. Two Thirds of the Board
members must be present, and will constitute a quorum, for purposes of
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conducting business. Decisions shall be made on the basis of a
majority vote of the attending Board members.
c. DESIGNATED REPRESENTATIVES: Each member of the Board of
Directors shall have the authority to designate a representative for
the purpose of attending and conducting business at Board meetings.
Each such representative shall have the same power and authority as
does the original Board member. Each Board member or the designated
representative shall be entitled to one vote.
d. ADVISORY BOARD: The Board of Directors shall have the
authority to appoint an Advisory Board comprised of other area law
enforcement officials. The Advisory Board shall meet from time to
time with the Board of Directors and will be advised of the general
operation of the unit. Said Advisory Board shall have the authority
to make recommendations to the Board of Directors regarding the future
operation and/or targets of the unit, however, no such recommendation
shall be binding upon the Board.
7. SPECIFIC COMMITMENTS:
a. PERSONNEL: The parties will furnish the following
personnel on a full time basis, unless otherwise indicated herein:
Clerical and Secretarial Help - pinellas County Sheriff's Department
Three Investigators - Pinellas County Sheriff's Department
One Investigator - Dunedin Police Department
One Part-Time Investigator - Dunedin Police Department
Two Investigators - Clearwater Police Department
Two Agents - Florida Department of Law Enforcement
One Investigator - Largo Police Department
One Attorney - State Attorney's Office, Sixth Judicial Circuit
Two Investigators - St. Petersburg Police Department
One Investigator - Pinellas Park Police Department
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b.
FACILITIES: The Pinellas County Sheriff's
Department will furnish office space, telephones, office equipment and
supplies.
c. VEHICLES: Each investigator will be furnished with
a suitable vehicle by the contributing agency. The contributing
agency shall be responsible for furnishing gasoline and maintenance
for each such vehicle.
d. ELECTRONIC EQUIPMENT: Specialized electronic equip-
ment as needed shall be furnished by the pinellas County Sheriff's
Department, the Florida Department of Law Enforcement, the St.
Petersburg Police Department, and other agencies as available.
e. COMPENSATION: Compensation for all unit investiga-
tive and clerical personnel shall be the sole responsibility of the
contributing agency.
f. INFORMANT FUNDS: It is stipulated and agreed bet-
ween the parties that any informant funds received shall be utilized
in strict adherence to guidelines provided by the contributing agency
including but not limited to accounting procedures.
g. FLASH MONEY: Money received by the unit from
contributing agencies for use as flash money shall be' utilized in
strict compliance with guidelines provided by the contributing agency
including but not limited to accounting procedures.
h. TRAVEL EXPENSES: In the absence of sufficient unit
funds, and particularly in its early stages of operation, expenses for
travel and per diem in connection with ongoing investigations shall be
borne by the contributing agencies.
8. GENERAL OPERATION: The following guidelines will control
the formation and general operation of the unit:
a. Street level supervisors, subject to further defini-
tion by the Board, shall have the authority to select and identify
targets.
b. Subject to further definition by the Board, the Unit
Commander shall have the authority to expend informant funds or buy,
contraband, or utilize flash roll money in the day to day operation of
the unit.
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c. All evidence seized by the unit will be held and
maintained by the pinellas County Sheriff's Department.
d. When the unit is disbanded, cash and equipment will
be divided amongst the contributing agencies on an equitable basis
pursuant to Florida law.
e. During the course of its operation, the office of
the State Attorney shall handle all forfeiture actions arising out of
seizures made by the unit. The forefeited property shall be distri-
buted equitably according to law.
f. The unit shall utilize a reporting system which is
compatible with that used by the Pinellas County Sheriff's Department.
g. Routine intelligence and investigative leads not
directly relating to an ongoing unit investigation shall be promptly
furnished to the law enforcement agency having jurisdiction over the
defendant or subject matter.
h. With the approval of the Board of Directors, each
Chief of Police in pinellas County shall have the ability to request
the services of the unit on a "need" basis.
i. Selection of personnel for appointment to the unit
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shall be the responsibility of each contributing agency.
j. For purposes of supervision, personnel and other
matters, the unit commander will have line authority over eacn unit
member, equivalent to that authority given by the contributing agency
to an officer of the next highest rank above the unit agent. Such
line authority shall include the ability to immediately remove any
unit member for cause, provided, however, that final authority in such
matters shall rest with the Board. Personnel matters involving
possible disciplinary action against a unit member shall be referred
immediately to the contributing agency for action. The investigation
of possible criminal violations relating to any unit member, shall be
handled by the Pinellas County Sheriff's Office, provided, however,
that the contributing agency may elect to participate in such investi-
gation. Unit members are governed in their conduct and actions by the
rules and regulations of their contributing agency.
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k. The Board of Directors shall provide for an annual
independent audit with regard to the control of cash, and property
utilized in the operation. The Board shall further establish policy
guidelines relating to the maintenance of records and the issuance of
financial and activity repor~s on a periodic basis. All contributing
agencies shall have complete access to the unit's records. Unit funds
may be utilized to pay for the annual independent audit. Provided
however, that the Florida Department of Law Enforcement shall not be
required to participate in providing funds for any such audits.
9. LIABILITY: Each contributing agency shall be responsible
for defending its own agents in any law suit filed or claim made as a
result of activities relating to the unit.
10. DURATION OF AGREEMENT: Thisr1emorandum of Understanding
shall remain in full force and effect for one year from the date
appearing hereon.
Any party to this Agreement may withdraw from the
unit and term!nate~its responsibility under the terms herein after
written notification of such intent is served upon the chairman with
such notification providing for a minimum of ninety (90) days notice
of intent to withdraw.
11. A!1ENDMENT: This Memorandum of Understanding may be
extended, amended, or revised, in writing, when signed by all of the
parties.
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IN WITNESS WHEREOF, we have duly executed this instrument as
of the date first above written.
Witnesses:
SHERIFF GERRY COLEMAN
PINELLAS COUNTY, FLORIDA
JAMES W. YORK, COMMISSIONER
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
JAMES T. RUSSELL, STATE ATTORNEY
SIXTH JUDICIAL CIRCUIT
CHIEF SAM LYNN
ST. PETERSBURG POLICE DEPARTMENT
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CHIEF.....SI LEIN
CLEARWATER POLICE DEPARTMENT
CHIEF DARREL STEPHENS
LARGO POLICE DEPARTMENT
CHIEF ED SMITH
DUNEDIN POLICE DEPARTMENT
CHIEF ERNEST VANHORN
PINELLAS PARK POLICE DEPARTMENT
ON BEHALF OF FLORIDA DEPARTMENT LAW ENFORCEMENT
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ON BEHALF OF THE CITY OF ST. PETERSBURG
ON BEHALF OF THE
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City Clerk
ON BEHALF OF THE CITY OF LARGO
. ON BEHALF OF THE CITY OF DUNEDIN
ON BEHALF OF THE CITY OF PINELLAS PARK
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Chief Klein, Chief of Police
FROM:
Thomas A. Bustin, City Attorney
COPI ES:
SUBJECT: Memorandum of Understanding - Operation C. L. E. A. N.
DATE: June 8, 1981
Attached hereto ten copies of subject Memorandum of Understanding
which have been executed by the proper officials of the City of Clearwater.
You should execute all copies in the proper place and then transmit them
on for execution. In order for each party to have a copy we will need
all copies executed. Please make sure that eventually the City Clerk
gets a completely executed copy for her file.
If we can be of any further assistance to you in this matter, please
call.
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