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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 Wage DocuSign Envelope ID: 73051BD4-946C-497E-90B5-11E61326C5A3 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 DocuSign Envelope ID: 73051BD4-946C-497E-9065-11E61326C5A3 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. 31Page DocuSign Envelope ID: 73051 BD4-946C-497E-90B5-11 E61326C5A3 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 Wage DocuSign Envelope ID: 73051 BD4-946C-497E-90B5-11 E61326C5A3 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. DocuSign Envelope ID: 73051 BD4-946C-497E-9065-11 E61326C5A3 (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.