HomeMy Public PortalAboutResolution No. 24-041 - First Responders Mental Health Initiative MOU with Miami-Dade County Association of Cheifs of PoliceSponsored by: Interim City Manager
RESOLUTION NO. 24-041
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY
MANAGER TO ENTER INTO A FIRST RESPONDERS MENTAL
HEALTH INITIATIVE MEMORANDUM OF UNDERSTANDING
WITH THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF
POLICE (MDCACP) FOR THE ESTABLISHMENT OF A
REGIONAL FIRST RESPONDER PEER SUPPORT TEAM
PROGRAM AS SET FORTH IN EXHIBIT "A"; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Opa-Locka Police Department is seeking authorization to enter
the First Responders Mental Health Initiative Memorandum Of Understanding
(MOU) with the Miami -Dade County Association of Chiefs of Police (MDCACP); and
WHEREAS, through the MOU, the parties would agree to partner for the
establishment of a Regional First Responder Peer Support Team Program for first
responders and their families; and
WHEREAS, the Regional First Responder Peer Support Team Program will
provide the Opa-Locka law enforcement community and their families certain
support needed to constructively navigate through personal and professional
struggles; and
WHEREAS, the City Commission of the City of Opa-Locka finds that it is in the
best interests of the City and its residents to authorize the Interim City Manager to enter
into an agreement with the Miami -Dade County Association of Chiefs Of Police
(MDCACP) for the establishment of the First Responder Mental Health Wellness
Initiative to promote trust, allow anonymity, and preserve confidentiality, while
providing support to the Opa-Locka Law Enforcement personnel and their families
consistent with the terms of the MOU form attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
SECTION 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the Interim City
Resolution No. 24-041
Manager to enter into a mental health initiative Memorandum of Understanding
with the Miami -Dade County Association of Chiefs of Police (MDCACP) for the
establishment of a regional first responder peer support team program consistent
with the terms and conditions set forth in Exhibit "A" hereto.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors, which do not affect the intent of this Resolution may be
authorized by the Interim City Manager, following review by the City Attorney,
without need of public hearing, by filing a corrected copy of same with the City
Clerk.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval
of the Governor or Governor's Designee.
PASSED and ADOPTED this 18th day of March, 2
TTEST:
Jo nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Bur ette Norris -Weeks, P.A.
City Attorney
Moved by: Commissioner Williams
Seconded by: Vice Mayor Ervin
John H. aylor Jr., Mayor
2
Resolution No. 24-041
VOTE: 4-0
Commissioner Bass ABSENT
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
3
DocuSign Envelope ID: 73051BD4-946C-497E-9085-11E61326C5A3
City of Opa-locka
Agenda Cover Memo
•
Department
Director:
Police Chief
Kenneth D. Ottley
Department Director
Signature:
City Manager:
Darvin Williams
CM Signature:
49E...
08',.L .1---
Commission
Meeting Date:
March 13,
2024
Item Type:
(EnterXin box)
Resolution
Ordinance
92
Other
X
Fiscal Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(EnterXin box)
151 Reading
2nd Reading
X
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
Funding Source:
Account# :
(Enter Fund &
Dept)
Ex:
None
Advertising Requirement:
(EnterXin box)
Yes
No
X
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic Plan
Related
(EnterXin box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational •
Bus. & Economic Dev •
Public Safety s•
Quality of Education IN
Qual. of Life & City Image MI
Communication frl
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
To enhance public safety.
X
Sponsor Name
City Manager
Department: Police Department
City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF
POLICE (MDCACP) - FIRST RESPONDER MENTAL HEALTH WELLNESS INITIATIVE TO PROMOTE TRUST,
ALLOW ANONYMITY, AND PRESERVE CONFIDENTIALITY, WHILE PROVIDING SUPPPORT TO THE OPA-
LOCKA LAW ENFORCEMENT PERSONNEL AND THEIR FAMILIES; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
DocuSign Envelope ID: 73051BD4-946C-497E-9065-11E61326C5A3
Staff Summary:
The Opa-locka Police is seeking authorization to enter the First Responders Mental Health Initiative
Memorandum Of Understanding (MOU) as established by the Miami -Dade County Association of Chiefs of
Police (MDCACP). Through the MOU, agencies will partner with each other and the MDCACP to establish and
staff the Regional First Responder Peer Support Team Program.
The Regional First Responder Peer Support Team Program will provide the Opa-locka law enforcement
community and their families the support needed to constructively navigate through personal and
professional struggles. The emphasis of the Program will be supporting first responders' ability to struggle
well and thrive through trauma and challenges in their professional and personal lives.
Financial Impact: There is no financial impact.
Proposed Action:
Staff recommends the Commission approve this resolution and authorize the Interim City Manager
to sign the MOU with MDCACP Miami, Florida.
Attachment:
1. Letter from MDCACP outing the Memorandum of Understanding - First Responders
Mental Health Initiative.
2. Memorandum of Understanding
3. Florida Statue 111.09
DocuSign Envelope ID: 73051BD4-946C-497E-9065-11E61326C5A3
MIAMI-DADE COUNTY
ASSOCIATION OF CHIEFS OF POLICE
ASSOCIATION OF
CHIEFS OF POLICE
AFFILIATES
U.S. DHS - ATF
U.S. DHS - AIR MARSHALS
U.S. DHS - BORDER PATROL
U.S. DHS - COAST GUARD
U.S. CUSTOMS OFFICE
U.S. DHS - DEA
U.S. DHS - DSS
U.S. DFIS - FBI
U.S. DHS - ICE
U.S. DHS - MARSHALS SERVICE
U.S. DHS - POSTAL INSPECTION
U.S. DHS - SECRET SERVICE
AVENTURA POLICE
BAL HARBOUR POLICE
BAY ISLANDS HARBOR POLICE
BISCAYNE PARK POLICE
MIAMI POLICE
CORAL GABLES POLICE
DORAL POLICE
EL PORTAL POLICE
FIU POLICE
FLORIDA CITY POLICE
GOLDEN BEACH POLICE
HIALEAH GARDENS POLICE
HIALEAH POLICE
HOMESTEAD POLICE
INDIAN CREEK PUBLIC SAFETY
KEY BISCAYNE POLICE
MEDLEY POLICE
MIAMI POLICE
MIAMI BEACH POLICE
MIAMI GARDENS POLICE
MIAMI-DADE POLICE
M -D DEPT. OF CORRECTIONS
M -D SCHOOL POLICE
MDC PUBLIC SAFTEY DEPT.
MDC SCHOOL OF JUSTICE POLICE
MIAMI SHORES POLICE
MIAMI SPRINGS POLICE
MICCOSUKEE TRIBAL POLICE
NORTH BAY VILLAGE POLICE
NORTH MIAMI POLICE
NORTH MIAMI BEACH POLICE
OPA-LOCKA POLICE
PINECREST POLICE
SOUTH MIAMI POLICE
SUNNY ISLES BEACH POLICE
SURFSIDF_ POLICE
SWEETWATER POLICE
UNIVERSITY OF MIAMI POLICE
VIRGINIA GARDENS POLICE
WEST MIAMI POLICE
STATE ATTORNEY'S OFFICE
SFML STRIKE FORCE
LEO FOUNDATION
SO FLORIDA SHOMRIM SOCIETY
FL DEPT. OF LAW ENFORCEMENT
FLORIDA HIGHWAY PATROL
FL FISH es WILDLIFE COMMISSION
Dear Colleagues,
CHIEF DELMA K. NOEL PRATT
PRESIDENT
DEPUTY CHIEF SAMUEL BEJAR
VICE PRESIDENT
MAJOR PETE DELGADO
SECRETARY
CHIEF Luis CABRERA
TREASURER
RET. CHIEF IRVING HELLER
SERGEANT AT ARMS
CHIEF RENE G. LANDA
PAST PRESIDENT
It is my pleasure to announce that we are in the final stages of approving a Memorandum of
Understanding (MOU) for agencies to be part of the Miami -Dade County Association of Chiefs of
Police — First Responder Mental Wellness Initiative. Through the MOU agencies will partner with
each other and the MDCACP to establish and staff the Regional First Responder Peer Support Team
Program.
The Regional First Responder Peer Support Team Program will provide the Miami -Dade law
enforcement community and their families the support needed to constructively navigate through
personal and professional struggles. The emphasis of the Program will be on supporting first
responders' ability to struggle well and thrive through trauma and challenges in their professional
and personal lives.
Attached you will find a copy of the MOU that has been reviewed and approved by the Miami -Dade
County Association of Chiefs of Police (MDCACP) Executive Board.
Please have your respective governmental representatives review the language. If any changes are
required, please return the changes so that they can be reviewed and discussed further for possible
incorporation.
If thereare any amendments, a revised MOU will be distributed for final review.
Once the MOU is finalized, please provide me with a fully executed signature page. After all
participating agencies have completed and returned their signature page, we will integrate all
documents, including the signature page of the First Responder Mental Wellness Initiative
[Program] Director to the agreement. Copies of the fully executed MOU will then be distributed for
your records.
I appreciate the fact that this process is time consuming and you are all busy; however, I ask that you
address this with your representatives in a timely manner due to the importance of this program and
its potential life-saving impact on our law enforcement community.
If you have any questions or concerns, please contact me or a MDCACP Board member.
Regards,
Rene Landa
Chief of Police
South Miami Police Department
P.O. COX 5310413
MIAMI SFIOR ES, FL. 33153
DocuSign Envelope ID: 73051 BD4-946C-497E-90B5-11 E61326C5A3
MEMORANDUM OF UNDERSTANDING
BETWEEN THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE (MDCACP)
— FIRST RESPONDER MENTAL WELLNESS INITIATIVE
AND
PARTNER LAW ENFORCEMENT AGENCY
This Memorandum of Understanding (MOU), by and between The Miami -Dade County
Association of Chiefs of Police (referred to herein as the "MDCACP" ) — First Responder Mental
Wellness Initiative and Miami -Dade county area law enforcement agencies (referred to herein as
"Partner Agency"), establishes a relationship between MDCACP and Partner Agencies under
which the Partner Agencies shall consent to agency members participation in the Regional First
Responder Peer Support Team Program (referred to herein as "Program").
The Program has been created to promote trust, allow anonymity, and preserve
confidentiality, while providing support to participating Miami -Dade county area law enforcement
agency personnel and their families. Additionally, Partner Agencies may utilize the Program to
support personnel responding to and/or involved in traumatic events such as, but not limited to,
police involved shooting, mass casualty incidents, natural disasters, death investigations, and
personnel traumatic events.
Miami -Dade County has over 30 law enforcement agencies employing thousands of
individuals that may seek support services for a variety of issues. In many cases, the perceived
stigma of going to a therapist is a deterrent to people in need of support. The Program allows for
first responders, their families and agency employees to access support from trusted sources that
are confidential and known.
Whereas the parties agree that it is in their best interest and in the best interest of the
Miami -Dade county area first responders, their families and agency employees to participate in
the Program.
NOW, THEREFORE, BE IT RESOLVED BY THE PARTIES, AS FOLLOWS:
1) That the Parties hereby approve this agreement
2) That the Parties hereby authorize their joint participation in the Program under
the conditions set herein.
I. Program Organization
The Program shall have a defined hierarchy in order to establish lines of communication
and a chain -of -command. The following is the hierarchy that the Program has established to
accomplish the Program's goals:
• First Responder Mental Wellness Initiative Director — (MDCACP)
• Program Advisory Committee
• Licensed Clinical Director
• Program Coordinator — Program Coordinator Assistant
• First Responder Peer Support Team Leader(s)
• First Responder Peer Support Team Member
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The First Responder Mental Wellness Initiative [Program] Director shall be appointed by
the President and Executive Board Members of MDCACP.
The Licensed Clinical Director shall be appointed by the First Responder Mental Wellness
Initiative Director in consultation with the Program Advisory Committee. The final decision shall
rest with the First Responder Mental Wellness Initiative Director.
The Clinical Director shall be licensed in the state of Florida and be in good standing with
the licensing body.
Advisory Committee members shall be appointed by the First Responder Mental Wellness
Initiative Director, in consultation with the Executive Board of the MDCACP. The final decision
shall rest with the First Responder Mental Wellness Initiative Director.
Advisory Committee members shall elect the Committee Chair and Co-chair,
The Program Coordinator shall be appointed by the members of the Advisory Committee
in consultation with the First Responder Mental Wellness Initiative Director.
The Program Coordinator Assistant shall be chosen by the Program Coordinator in
consultation with the Advisory Committee. The final decision will rest with the Advisory
Committee.
First Responder Peer Support Team Leader(s) shall be chosen by the Advisory
Committee in consultation with the Program Coordinator, and the First Responder Mental
Wellness Initiative Director.
First Responder Peer Support Team . Member(s) shall be chosen by the Advisory
Committee in consultation with the Program Coordinator. The final decision rests with the
Program Coordinator.
Recommendations for First Responder Peer Support Team membership shall be
considered on a case -by -case basis; however, the final appointments shall be decided as outlined
above.
All Program members shall comply with confidentiality requirements pursuant to Florida
Statutes §111.09.
The Florida licensed Clinical Director shall comply with all rules, regulations, and laws
pursuant to the licensing body, and the state of Florida.
All public records requests for information related to the Program and/or program activities
shall be referred to the Program Coordinator who is also the Program's records custodian.
II. Program Responsibilities
The Program mission is to support members of the first responder community,
encompassing a range of activities and interactions between people who share similar
experiences. The connection between a First Responder Peer Support Team Member and the
person(s) seeking assistance promotes healing and inspires hope. First Responder Peer support
offers a level of acceptance, understanding, and validation not found in many other professional
relationships.
2IPage
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By sharing their own lived experience and practical guidance, a First Responder Peer's
support helps people to develop their own goals, create strategies for self -empowerment, and
take concrete steps towards building fulfilling, self -determined lives for themselves.
The First Responder Peer can help break down barriers of experience and understanding,
as well as power dynamics that may get in the way of working with other members of a treatment
team.
The First Responder Peer's role is to assist law enforcement community personnel and
their families find and follow their own recovery paths, without judgment, expectation, rules, or
requirements.
The Program Advisory Committee in collaboration with the Clinical Director and Program
Director shall approve training programs for participating First Responder Peers.
Training shall include Train -the -Trainer programs to facilitate member training and mitigate
training expenses, when possible.
The Program Coordinator shall be responsible for the day-to-day operations including but
not limited to, collection of relevant data, records requests (records custodian), reporting to the
Advisory Committee, meeting with First Responder Peer Support Team Leader(s), and
coordination of peer support activities as needed.
The Program Advisory Committee shall meet on a monthly basis to discuss matters
related to the viability of the Program, including but not limited to, financial issues, and collection
of data to evaluate the mental health and other resources needed to accomplish the Program's
mission. The Advisory Committee shall report to the Program Director and make
recommendations based on the information discussed during the monthly meetings that impact
the effectiveness and efficiency of the program.
The Program Advisory Committee Chairperson may call for ad hoc meetings to discuss
matters of imminent importance if necessary.
All Program members involved in support activities shall comply with the provision on
confidentially pursuant to Fla. Stat §111.09. Any breach of confidentiality in violation of the
provisions in Fla. Stat §111.09, shall result in immediate removal of the member from the
Program.
111 Partner Agency Responsibility'
Partner Agencies agree to assign a liaison that can communicate, when needed, with
members of the Program and has the authority to make decisions about an agency's Peer Support
Team Member's response and participation, in consultation with the agency head (Chief).
1The First Responder Mental Wellness Initiative is currently an unfunded program; however, efforts to solicit
grants and other funding sources are being considered. Responsibility for the cost of training and other
program related expenses may be incurred by the Partner Agency, if outside funding efforts are not
successful, or until funding is obtained. Any monies obtained from grants or other funding sources will be
managed for the benefit of the Program via an inclusive and transparent process that will be developed for
that purpose by the Program stakeholders.
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The liaison is not considered a Program member and shall not be involved in support
services.
The agency head shall select personnel from within their agency for consideration as
Program members. Agency heads may recommend/select employees that have a flexible work
schedule in order to provide accessibility when needed. Final selection of members rests with
the Advisory Committee as stated above.
In the event the Partner Agency member suffers an injury while conducting Program
related support activities, workers compensation will be the responsibility of the Partner Agency
and the appropriate municipal governmental agency and/or political subdivision.
In the event there are any allegations of wrongdoing by a Partner Agency member, during
their participation in any support activities, the Partner Agency shall be responsible to investigate
the allegations pursuant to the Partner Agency's internal investigation directives. Other Program
members may be asked to provide statements; however, any statement will be subject to the
limitations pursuant to Fla. Stat §111.09.
The Partner Agency shall be responsible for any overtime expenses incurred by the
participating Partner Agency member, as agreed upon by the agency or consistent with
contractual obligations, such as but not limited to, collective bargaining agreements.
Partner Agencies shall be responsible for any training expenses, related to the Program,
incurred by participating agency members.
Partner Agencies shall be responsible for any travel expenses, related to the Program,
incurred by participating agency members.
At no time shall a Partner Agency's representative(s) (employees) request or divulge
information about Program support activities or communications that are confidential in nature,
pursuant to Fla. Stat. §111.09, or any other rule, regulation, or law that makes licensed clinician
information privileged, confidential and exempt from public records disclosure.
A First Responder Peer Support Team member may be deactivated by his or her agency
head or designee for operational necessity or disciplinary action, at any time. The agency head
or designee shall notify the Program Coordinator as soon as possible so that the Program can
replace the First Responder Peer Support Team member.
First Responder Peer Support Team members shall not be assigned to the Partner
Agency's internal affairs unit.
Program Members may be drawn from both a Partner Agencies sworn and non -sworn
employees.
At no time shall a Program Member be asked to divulge information about a peer support
communication unless the circumstances for the release of information is specifically outlined in
Fla. Stat. §111.09.
IV. Liability
The Parties to this MOU agree to assume responsibility for the acts, omissions, or conduct
of such Party's own employees while participating herein and pursuant to this MOU subject to the
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provisions of Section 768.28, Florida Statutes, where applicable. "Assume Responsibility" shall
mean incurring any and all costs associated with any suit, action, or claim for damages arising
from the performance of this MOU.
Fla. Stat. §111.09 establishes the limitations of liability for Program members regarding
divulging information related to peer support communications. No Program Member shall divulge
information provided during a peer support communication unless specifically pursuant to the
exceptions outlined in Fla. Stat. §111.09.
V. Terms of Agreement
This agreement shall be in full force and effect from the date of full execution by the parties
and shall continue for a period of three (3) years. At the expiration of the three (3) year period,
the parties may renew the agreement, at which time the terms and condition may be amended.
Any amendment(s) to this agreement prior to the expiration of the three (3) year period
can only become effective if all parties to the agreement agree to the amendment(s) in writing
prior to the amendment(s) becoming effective.
Notwithstanding the above, this agreement may be terminated by either the Partner
Agency or the First Responder Mental Wellness Initiative Director upon thirty (30) days written
notice.
VI. Entirety of the Agreement
This agreement shall be governed by the terms and conditions set in this document and
any rules, regulations, and laws of the State of Florida.
The Partner Agencies and the First Responder Mental Wellness Initiative Director and
Program Members, agree that this agreement contains the entirety of the agreement between the
parties as to the matters contained herein. It is further agreed that any oral representation or
modifications concerning this agreement shall be of no force or effect, and that this agreement
may be modified, altered, or amended only by written amendment duly executed by all parties
hereto and their authorized representatives.
Signature Pages Below
51 Page
DocuSign Envelope ID: 73051 BD4-946C-497E-9065-11 E61326C5A3
111.09 Peer support for first responders. —
(1) For purposes of this section, the term:
(a) "Affiliated first responder organization" includes, but is not limited to, any of the following
organizations:
1. Regularly organized volunteer firefighting departments or associations.
2. Regularly organized volunteer ambulance services.
3. Combination fire departments, as that term is defined in s. 633.135(1).
(b) "First responder" has the same meaning as provided in s. 112.1815 and includes 911 public
safety telecommunicators as defined in s. 401.465.
(c) "First responder peer" means a person who:
1. Is not a health care practitioner as defined in s. 456.001.
2. Has experience working as or with a first responder, including active, volunteer, and retired
first responders, regarding any physical or emotional conditions or issues associated with the
first responder's employment.
3. Has been designated by the first responder's employing agency or affiliated first responder
organization to provide peer support as provided in this section and has received training for
this purpose.
(d) "Peer support" means the provision of physical, moral, or emotional support to a first
responder by a first responder peer for the purpose of addressing physical or emotional
conditions or other issues associated with being a first responder.
(e) "Peer support communication" means electronic, oral, or written communication, made
with a mutual expectation of confidentiality while a first responder peer is providing peer
support in his or her official capacity.
(2) A first responder peer may not divulge information from or testify about a peer support
communication in a civil, criminal, administrative, or disciplinary proceeding, unless:
(a) The first responder peer is a defendant in a civil, criminal, administrative, or disciplinary
proceeding arising from a complaint filed by the first responder who was a party to the peer
support communication, in which case such information may be divulged but is limited to the
scope of the proceeding;
(b) The first responder who was a party to the peer support communication agrees, in writing,
to allow the first responder peer to testify about or divulge information related to the peer
support communications;
(c) Based on the peer support communications, the first responder peer suspects that the first
responder who was a party to the peer support communications has committed a criminal act
or intends to commit a criminal act. There is no liability on the part of, and no cause of action of
any nature may arise against, the first responder peer for disclosing information under this
paragraph; or
(d) There are articulable facts or circumstances that would lead a reasonable, prudent person
to fear for the safety of the first responder who was a party to the peer support
communication, another person, or society, and the first responder peer communicates the
information only to a potential victim and law enforcement or other appropriate authorities.
There is no liability on the part of, and no cause of action of any nature may arise against, the
first responder peer for disclosing information under this paragraph.
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(3) This section does not limit the disclosure, discovery, or admissibility of information,
testimony, or evidence that is obtained by a first responder peer from a source other than a
first responder through a peer support communication.