HomeMy WebLinkAboutResolution - 2018-R0431 - Agreement With Lubbock Metropolitan Special Crimes Unit (LMSCU) - 12/06/2018Resolution No. 2018-RO431
Item No. 6.16
December 6, 2018
RESOLUTION
WHEREAS, the region surrounding and including Lubbock County, Texas has
been increasingly victimized by violent crime, including homicides, suspicious
deaths, child deaths, suicides, and other crimes of special circumstance;
WHEREAS, multiple local law enforcement agencies have the responsibility of
investigating and prosecuting these violent crimes;
WHEREAS, it is often the case that these types of crimes may be instigated in one
area of Lubbock County but be discovered in another area of the county, and may
involve activity in one or more of Lubbock County's local jurisdictions;
WHEREAS, cooperation among the City of Lubbock and Lubbock County
enhances the ability of these agencies to investigate and prosecute violent crime,
furthering the public good;
WHEREAS, the Lubbock Metropolitan Special Crimes Unit will unify individual
efforts of the Lubbock County Sheriff's Department and the Lubbock Police
Department to investigate specific violent crime occurring in Lubbock County.
This unification effort establishes a cooperative investigative unit which will
focus on the worst crimes occurring in Lubbock County;
WHEREAS, the Lubbock Metropolitan Special Crimes Unit will conduct the
most comprehensive investigation, with the least possible duplication of effort,
providing an opportunity to maximize the use of scarce resources for combating
violent crime and crimes of special circumstance occurring in Lubbock County;
WHEREAS, the City of Lubbock and Lubbock County have agreed to establish
the Lubbock Metropolitan Special Crimes Unit, where representatives from both
law enforcement agencies will cooperate and collaborate on investigatory
activities related to the shared threat of violent crime wherever it may occur or be
discovered in Lubbock County; and
WHEREAS, the mission of the Lubbock Metropolitan Special Crimes Unit
(LMSCU) is to further the ability of law enforcement agencies to identify,
investigate, and deter violent criminal activity throughout Lubbock County.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute the attached Local Administrative
Agreement Between the Constituent Agencies of the Lubbock Metropolitan
Special Crimes Unit, an interlocal agreement by and between:
The City of Lubbock (on behalf of the Lubbock Police Department);
1,u1)1)ock County, Texas. (on belialI' oI' the Lubbock County 5her] tt and
the Lubbock Carroty C I'iminal District Attarncy);
Said Agreement and any associated documents, are attachcd hereto and made a
Dart of this Resolution For all intents and purposes.
Passed by the City Corincil this Q1, day of December , 2018.
DAN11:1, M. POPE. MAYOR
ATTF'ST-
1 ebe •a Garza. Cite Secrela
APPROVED AS TO C'ONTI-NT:
Gre , evns, Chicf of Police
APPROVED AS TO CON'i'I.:N"I
W. ]ar 6tt Atkinson. City Manager
APPROVED AS TO FORM-
J01 {C.`Grc` Assi a City !Attorney
f,
s ,���y s�C•i CI)[?C'SiR( SJ.MSC'LJ ?llIH.doc
Resolution No. 2018-RO431
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
(LMSCU)
Pursuant to Tex. Loc. Gov't Code §362.002(b), Lubbock County and the City of Lubbock hereby
enter into this Agreement to form a mutual aid law enforcement task force, to be known as the
Lubbock Metropolitan Special Crimes Unit (LMSCU), to cooperate in certain criminal
investigations and law enforcement in Lubbock County, as set forth in Exhibit A.
The initial term of this Agreement shall be from the date of signing by all parties until September
30, 2019. Any party may terminate their participation in this Agreement upon one hundred -twenty
(120) days notice to the other party. Not sooner than ninety (90) days prior to the end of a term,
this Agreement may be renewed by the governing bodies of the participating entities for additional
one year terms running from October 1 to September 30 of each year.
Pursuant to Tex. Loc. Gov't Code §362.002(b), peace officers employed by Lubbock County and
the City of Lubbock shall have only the additional investigative authority throughout Lubbock
County as set forth in this Agreement.
As required by Tex. Loc. Gov't Code §362.002(b), this Agreement provides for the compensation
of the peace officers involved in the activities of the task force, as set forth in Exhibit B.
Pursuant to Tex. Loc. Gov't Code §362.002(c), a law enforcement officer employed by Lubbock
County or the City of Lubbock may make an arrest outside the county or municipality in which
the officer is employed but within the area covered by the Agreement.
Pursuant to Tex. Loc. Gov't Code §362.002(c), the law enforcement agencies of the area where
the arrest is made shall be notified of the arrest without delay, and the notified agency shall make
available the notice of the arrest in the same manner as if the arrest were made by a member of
that agency.
Pg.
Pursuant to Tex. Loc. Gov't C. §362.003(a), while a law enforcement officer regularly employed
by Lubbock County or the City of Lubbock is in the service of the other according to this chapter,
the officer is a peace officer of the other and is under the command of the law enforcement officer
who is in charge in that county or municipality.
Pursuant to Tex. Loc. Gov't C. §362.003(a), the officer has all the powers of a regular law
enforcement officer of that county or municipality as fully as if the officer were in the county or
municipality where regularly employed. Qualification for office in the territory of regular
employment constitutes qualification for office in the other county or municipality and no
additional oath, bond, or compensation is needed.
Pursuant to Tex. Loc. Gov't C. §362.003(b), a law enforcement officer who is ordered by the
official designated by the governing body of the county or municipality to perform police or peace
duties outside the limits of the county or municipality where regularly employed is entitled to the
same wage, salary, pension, and other compensation and rights, including injury or death benefits,
as if the service were rendered in the county or municipality of the officer's regular employment.
The officer is also entitled to payment for any reasonable expenses incurred for travel, food, or
lodging while on duty outside the limits of the territory of the officer's regular employment.
Pursuant to Tex. Loc. Gov't C. §362.003(c), Lubbock County and the City of Lubbock shall pay
all wages and disability payments, pension payments, damages to equipment and clothing, medical
expenses, and travel, food, and lodging expenses for their respective law enforcement officers. All
compensation and reimbursements will be made pursuant to the terms set forth in Exhibit B.
Payments will be made only between Lubbock County and the City of Lubbock.
Lubbock County and the City of Lubbock shall assign officer(s) to the LMSCU, with the intention
that the officer(s) will be assigned on a dedicated, rather than rotational basis. Lubbock County
and the City of Lubbock shall assign employees to the LMSCU in accordance with the schedule,
as set forth in Exhibit C-1 and facilities and equipment in accordance with the schedule, as set
forth in Exhibit C-2.
pg. 2
Subject to the forgoing provisions and the requirements of state and federal law, specifically
including Tex. Loc. Gov't C. Chapter 362, which laws shall in all cases prevail over any conflicting
provision in this Agreement or in any Exhibit or attachment thereto, the county and municipality
agree to operate the LMSCU according to the Standard Operating Procedures (SOPs), as set forth
in Exhibit D.
The parties understand and acknowledge that the funding of this Agreement is contained in each
party's annual budget and is subject to the approval of each party in each fiscal year. The parties
further agree that should the governing body of any of the parties fail to approve a budget which
includes sufficient funds for the continuance of this Agreement, or should the governing body of
any of the parties fail to certify fimds for any reason, then and upon the occurrence of such event,
this Agreement shall terminate as to that party and the party shall then have no further obligation
to the any other party. When the funds budgeted or certified during any fiscal year by a party to
discharge its obligations under this Agreement are expended, any other party's sole and exclusive
remedy shall be to terminate this Agreement. If this Agreement is between governmental entities,
as defined by Chapter 791 of the Texas Government Code, each party paying for the performance
of governmental functions or services must make those payments from current revenues available
to the paying party.
This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or
regulations of the United States of America, the State of Texas and the parties, and any other
regulatory body having jurisdiction. This Agreement shall be construed and governed according
to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim
arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County,
Texas exclusively.
This Agreement is entered solely by and between, and may be enforced only by and among the
parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or
obligations to any third parties.
pg. 3
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer or agent of any public body that may be a party to this Agreement.
This Agreement is not intended to, and shall not be construed to create any joint enterprise between
or among the parties.
The parties expressly acknowledge that they are governmental entities governed by the laws and
Constitution of the State of Texas and that their authority to indemnify and/or hold harmless each
other and/or any third party is governed by Article XI, Section 7 of the Texas Constitution and any
provision which purports to require indemnification by any party which is a governmental entity
is invalid.
Peace officers employed by the City of Lubbock may be called upon to conduct or participate in
investigations outside the municipal limits of the City of Lubbock, in which case they will do so
at the request of Lubbock County and not at the request of any other municipality located in
Lubbock County. The City of Lubbock shall look only to Lubbock County for compliance with
the terms of this Agreement.
SOVEREIGN IMMUNITY ACKNOWLEDGED AND RETAINED
THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION
OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER
BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY
MAY HAVE BY OPERATION OF LAW. THE PARTIES RETAIN ALL
GOVERNMENTAL IMMUNITIES.
EXECUTED IN MULTIPLE DUPLICATE COUNTERPARTS
THE REMAINDER OF THIS PAGE 1S LEFT INTENTIONALLY BLANK
pg. 4
LOCAL ADNIINISTIZATIVE AGREEMENT
BETWEEN 'I'li F. C'ONSTITL-JENT AGENCIES
OF THE
1XIM IC'K 1%•1El'lZ P01,1T;kN SPECIAL CREMES UNIT
0IMSCU)
F01t LUBBOCK CO[.jN"I'Y, "I'I,;XAS:
THOMAS V. HEAD,
COUNTY JUDGE
r1'I TFIST:
BY:
KE Y INION,
COUNTY CLERK
APPIZ()VI I) AS 'I' T1`NT:
BY:
K EI-1 ] , ROWE.
SHERIFF
AI'PR[lVl-:D AS TO FORM:
L T.
ASSISTANT CRIMINAL, DISTRICT
ATTORNEY. CIVIL DIVISION
pg. 5
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN `['HE? CONSTITUENT AGENCIES
OFTHE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
F()It TIlE CITY OF I.,tJI3I3[)CK, TEXAS:
BY:
DANIEL M_ POPE.
MAY[),
ATTEST:
I3Y:
RE ECCA GARZA.
CITY SECRETARY
APPROVED AS TO CONTENT:
BY: _
GREG STEVENS,
CHI& OF POLICE
A PPROVED AS TO FO
BY:
JO
STA,Q;rCITY/ATTORNEY
pL,. 6
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OFTHE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
(LMSCU)
EXHIBIT A
CRIMINAL INVESTIGATIONS AND LAW ENFORCEMENT SERVICES
Pursuant to Tex. Loc. Gov't Code §362.002(b), Lubbock County and the City of Lubbock hereby
agree to cooperate in certain criminal investigations and law enforcement in Lubbock County, to
wit:
1. APPARENT HOMICIDE, SUSPICIOUS DEATH, CAUSE UNKNOWN
The LMSCU will investigate an apparent homicide, suspicious death, or unknown cause of death,
when the services of the LMSCU have been requested. In addition, the LMSCU will investigate
incidents where it is likely a victim may die from injuries received. The ranking law enforcement
official, in the jurisdiction where the crime occurred or was discovered, will notify the LMSCU
Commander. Upon preliminary review of the facts, the LMSCU Commander will determine if the
LMSCU will respond.
2. CHILD DEATHS
The LMSCU will investigate an apparent homicide, suspicious death, or unknown cause of death,
when the deceased is a child, and when the services of the LMSCU have been requested. In
addition, the LMSCU may investigate incidents when it is likely a child victim may die from
injuries received. The ranking law enforcement official, in the jurisdiction where the crime
occurred or was discovered, will notify the LMSCU Commander. Upon preliminary review of the
facts, the LMSCU Commander will determine if the LMSCU will respond.
3. SUICIDE, ACCIDENTAL, NATURAL DEATH
The LMSCU will investigate a suicide, accidental, or natural death, when the services of the
LMSCU have been requested. In addition, the LMSCU will investigate incidents where it is likely
a victim may die from injuries received. The ranking law enforcement official, in the jurisdiction
where the crime occurred or was discovered, will notify the LMSCU Commander. Upon
preliminary review of the facts, the LMSCU Commander will determine if the LMSCU will
respond.
4. OFFICER INVOLVED SHOOTING AND IN -CUSTODY DEATH INVESTIGATIONS
pg. I Exhibit A
The LNISCLf %vill lnvestilyate officer -involved shooting-, incidents. and in -custody deaths. In
addition. the LNISCt n]a1' lll�'eStl��atC other incicicnts ��here the t�fficial actions b� an of /feet resell
I11 EI CICZ1111 Or 5eritAls hodl[v 1I]]flr1+
The part Ic1patlil, a&,cney will Conduct any adni 1 n I s t rat 1 ve II]vestI atIo11 of the ] lie ldelit to detC]'111Ilie
if the oI'll cer violated an a,,eIle v policy. proccdurc. or training. Auld to coIII plete the required report
to the Texas Attorncv General's Office.
The LNISCU will not leaf[ the administrative investig.Iti0Il, 111.11 may provide assistanLe to the
participating agency.
S. COLD CASE: ANALYSIS and Rl -[NVF 1-',Tl6ATl()N
The 1.MSCL1 will investigate in -active cold case(s) which have not been fully solved and/or
prosecuted. All inactive case will regain priority status when new information emerges fi-om
victims, witnesses. re-exan]ined arChives. nc\t or retained material evidence, as well as rencwcd
suspect(s) activity. The LiMSC'U C'tmlmallder Xvill determine cold case analysis and re-
investigation assignments.
G. CRIiNA S 01 SPECIAL CIRCUMSTANCE,
.
"Crimes of SPee ial Circumstance- are complex or sensitive crimes where specialized irives tiI-Tative
skills are necessary. these illvesti��ations nlay be assignrd to the LNISC'U only Upon tile mutual
a-reclnent of the C'llief of Police and the Sheriff, st-Nect to the reservation of ri-rhts and �:utllority
set firth in Section 7, below.
7. R1:SI-AVATI()N 0 F RIG F H'S A N I ) AtII'[I()RITY
The Lubbock Couilty Sheriff and Lubbock Chief ol' Polio; retain their inherent authority to assign
work to the la%v enforcement officers employed by their respective departments. and to assign or
re-a.sign law enforcement officers to the L.NISCU, NolhinL,. in this Agreement precludes the
Lubbock County Sheriff or Lubbock Chief of Police lion] assi�enin+- a matter for investigation to a
Law enforcement ofliccr employed hN• their respective department.
APPROVED:
Kelly Row
I.tibbock County Sheriff
Grc�c to tens
Cl]iefolTolice
pg- 2 Exhibit A
LOCH L AI)M INISTRATIVE AGREEMENT
BEJAVEIEN THE CONs,r]TUENT AGENCIES
OFTHE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
FI\I-11BIT 13
CO!N11'F:NSATION
As reclttired by 'l'ex. Loc. Gov't C'odc ,§ 362.t)t)?(b). Lubbock Cotint\, and the City of Lubbock shall
compensate tilt peace ofiicers involved in (lie activities ofthe task force as follows:
Lubbock Coun(y and the 0ty of Lubbock acknowledge that they remain fully responsible: for their
obligations as the employer of the officer(s) tltey assion to the LMSCU and tltal they are
respcntsiblc for the payment of the overtime carnins. wit}tholdings insurance covcra�=c. workers
compensation covcrate, retirement benefits. sick leave, training expenses. and all othcr-
rcyuirements by lacy, rc�Iclhrtinns. ordinance or contract to which the assi-ned employees would
otherwise he entitled. All reimbursable hours of overtime work must be approval in advance by
the entity wbiclt employs tilt: assi�,ned officer.
Prior to the execution of this Agreement, or any extension or renewal thereof; Lubbock County
and the City of Lubbock shall conduct a fiscal review of the anticipated costs to each entity in the
L.OSC't7 and shall determine that the entities" mutual cooperation and sharing, of resources will
result in an er.luivalcrtt benefit to each participating entity such llzat additional lirtancial
compensation from either entity to lltc other is not necessary.
If it is dctcrmined that one en(ity \%ill lienclit f-roni the services of the other entity. then the "•alue
of that benefit shall be dctcrrtiined and the: belle IIIted ell ity shall eonipens ale the other entity in
that amount.
Lubbock County and tilt City ol• 1_ubbock agree that. clue to the unpredictable nature of the sco11e
of services incorporated into this agreement. fluctuations may occur from }•ear to year wliiclt could
result in a financial benefit or obligation fi-om one entity to the other_ but whicli offset each other
over time. To accommodate these year-to-year fluctuations. the cost -to -benefit analysis may be
based on a roI m, average cif up to five years. Fach entity will rev rew its obIi4,ations to the 1.N1SC't.I
on at least an annual basis. usim, the rollim, avera!uc. and will reevaluate its participation to
determine whether either entity is entitled to a financial contribution from the other entity.
AI'll IZi)V FD:
Kelly 1Zc}� — -
Lubbock Countv ShcritY
Greak Ov. yens
( lief of Police
I),.- 1 FXhibit ti
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
(LMSCU)
EXHIBIT C-1
STAFFING SCHEDULE
Lubbock County shall assign the following employees to the LMSCU:
Two (2) Investigators @ $38.01 / hour and $58.01 / overtime hour, each.
The City of Lubbock shall assign the following employees to the LMSCU:
One (1) Commander @ $45.405 / hour and $68.108 / overtime hour;
One (1) Sergeant @ $39.296 / hour and $58.944 / overtime hour; and
Four (4) Detectives @ $34.817 / hour and $52.226 / overtime hour, each.
EXHIBIT C-2
FACILITIES AND EQUIPMENT SCHEDULE
Lubbock County shall furnish office space on the 4`h Floor of the Lubbock County Annex Building
located at 900 Main Street, with no less than 2,837 s.f., @ $15.28 / s.f. (annually)
Lubbock County shall furnish eight (8) garage parking spaces @ $96 per space (annually)
Lubbock County shall furnish office furniture, computer terminals, telephone system @ $12,000,
amortized over 5 years.
Each participating entity shall furnish its assigned officers with suitable uniforms, vehicles, and
other law enforcement equipment to conduct their official duties, in compliance with the entity's
regular policies.
Each participating entity shall furnish its own assigned officers with dedicated or shared
Information Technology (IT) equipment, computer equipment/software, report writing software,
access to computer networks, and other disposable items, etc., in compliance with the entity's
regular IT service policies.
Each participating entity shall furnish its assigned officers with evidence handling and storage
facilities in compliance with the entity's regular evidence handling and evidence storage policies.
Each participating entity shall furnish its assigned officers with legal support in response to
subpoenas, open records, etc. The specific participating entity's legal support team will be utilized
for these responses in compliance with the entity's regular Legal policies.
pg. 1 Exhibit C
Eacli participating entity shall Curnisli its own assigned officers with insurance coyeriwe or self-
insurance ll] Corn pllaliCC «ith the entity's insurance policies.
The parties shall retain mk.nership of any equipment. Supplies. or material contributed, dcdicatcd,
or assigned to the I.MSCU unless any such property is specifically conveyed by written instI'll III CIA
to another parlicipatim, entity.
NO TE: All specific values are estimates or approximate yalueS IIII end ed to reflect the mtltIlaIIty of
(lie Services rendered. Actual amounts may van-.
Kelly Rowe Grego e%ens
Lubbock County Sheri fl' (.lief olTslice
ng•'- Exhibit C
LOCAL ADMINISTRATIVE AGREEMENT
BETWEEN THE CONSTITUENT AGENCIES
OF THE
LUBBOCK METROPOLITAN SPECIAL CRIMES UNIT
(LMSCU)
EXHIBIT D
STANDARD OPERATING PROCEDURES (SOPs)
Crimes of Special Circumstance - complex or sensitive crimes where specialized investigative skills
are necessary. These investigations may be assigned to the LMSCU only upon the mutual agreement of
the Chief of Police and the Sheriff.
Law Enforcement Official (LEO) — the ranking law enforcement official responsible for the original
jurisdiction where the crime occurred or is discovered.
Originating Agency (OA) — the law enforcement agency with original jurisdiction where the crime
occurred or is discovered.
In All Investigations:
A. Dispatching LMSCU. When a homicide, suspicious death, or any other crime of special
circumstance occurs, where LMSCU investigative services are requested in accordance
with these provisions, the LEO in the jurisdiction where the offense occurred or is
discovered shall request assistance from the LMSCU. The LMSCU Commander shall
determine if the unit has authority to investigate the offense or incident pursuant to this
Agreement. In the event the unit responds, the LMSCU Commander will notify the
requesting LEO the unit will respond. In the event the unit does not respond, the LMSCU
Unit Commander will notify the LEO the unit will not respond. Once the LMSCU is
dispatched and assumes responsibility, the LMSCU shall be the lead investigative unit
responsible for the investigation. In the event additional manpower and resources are
required, the LMSCU Commander may request additional manpower and resources, from
the requesting jurisdiction.
B. Securing the Scene. At a minimum, the following procedures will be followed at crime
scenes where the LMSCU responds to the initial call for service:
1. The OA field officer(s) will respond to the initial call for service, secure the crime
scene, preserving evidence, and locate, identify and separate any potential victims and
witness(s). The OA field officer or shall request a supervisor to assist.
2. The OA supervisor shall respond and evaluate the scene. The OA supervisor is
responsible for determining the need for a callout. Once the scene is assessed, the OA
supervisor may initiate a callout. The OA supervisor will remain at the scene. The OA
pg. I Exhibit D
pg. 2
supervisor or LEO will notify the LMSCU Commander prior to notifying any other
member of the unit. If the LMSCU Commander is unavailable, they may notify the
LMSCU investigator on call.
3. The OA field officer where the crime occurred or was discovered will write the initial
report.
4. The OA field officer and supervisor will be responsible for security of the crime scene
and will only release the crime scene to a member of the LMSCU. Once the scene is
secure, no one will be allowed to enter the scene until members of the LMSCU arrive.
5. All persons entering the crime scene will be noted on a crime scene log, maintained
by the OA field officer or supervisor, and documented in the OA official report(s).
C. Releasing a Crime Scene. Once the LMSCU has been dispatched and responded, the on -
scene LMSCU investigator will assume control of the scene from the OA field officer
and supervisor. All criteria must be met or mitigated prior to the LMSCU assuming
control of the scene. The OA field officer and supervisor will remain at the scene until
released by the LMSCU Commander.
D. Lubbock County Medical Examiner's Office (LCME) Notification. Once it is determined
a notification for the LCME office is necessary, the on -scene LMSCU Investigator will
request LCME personnel to respond.
E. Custody of Investigative Material. Investigative material shall remain the responsibility,
and in the custody, of the entity that originated the investigative material. This is required
regardless of jurisdiction or location of the crime scene. This does not relieve the need to
share investigative material among the participating entities as allowed by law.
F. Response to Subpoena or Open Records Request. A Subpoena or Open Records request
will be directed to the participating entity responsible for maintaining the investigative
material subject to the Subpoena or Open Records request. Nothing in this Agreement is
intended to or shall cause any entity to be the custodian of records of the other party.
G. Transfer of Case. Should it become necessary to transfer a case from the LMSCU to the
Lubbock Police Department or the Lubbock County Sheriffs Office, the LMSCU will
contact the responsible agency department to coordinate the transfer of investigative
material and to ensure that no information is lost during the transfer. All personnel of all
agencies will make every effort to support the LMSCU and insure that necessary
resources are provided.
H. Coordinated Statements to the Media. Only the Chief of Police, Sheriff, or their
designees will be authorized to speak to the media or issue press releases on LMSCU
assigned cases. Press releases will refer to the entity having original jurisdiction for the
investigation and will not refer to the LMSCU as a distinct or separate entity.
Exhibit D
I. Presentation of Case to Criminal District Attorney and/or Grand Jury. The participating
entity's detectives and investigators assigned to the LMSCU will be responsible for
presenting LMSCU cases to the Lubbock County District Attorney or the Lubbock
County Grand Jury, in compliance with the investigative entity's regular criminal
investigation policies.
II. Cause of Death Unknown or Apparent Homicide:
A. The ranking LEO, in the jurisdiction where the crime occurred or was discovered, will
notify the LMSCU Commander. Upon preliminary review of the facts, the Commander
will determine if the LMSCU will respond.
B. LMSCU Investigators will respond to the call for service, assume control of the secured
scene in response to circumstances where investigative services are authorized in
accordance to these provisions.
III. Child Deaths:
A. The ranking LEO, in the jurisdiction where the crime occurred or was discovered, will
notify the LMSCU Commander. Upon preliminary review of the facts, the Commander
will determine if the LMSCU will respond.
B. LMSCU Investigators will respond to the call for service, assume control of the secured
scene in response to circumstances where investigative services are authorized in
accordance to these provisions.
IV. Suicide, Accidental, or Natural Deaths:
A. The ranking LEO, in the jurisdiction where the crime occurred or was discovered, will
notify the LMSCU Commander. Upon preliminary review of the facts, the LMSCU
Commander will determine if the LMSCU will respond.
B. LMSCU Investigators will respond to the call for service, assume control of the secured
scene in response to circumstances where investigative services are authorized in
accordance to these provisions.
V. Officer Involved Shooting and In -Custody Death
A. The participating agency will conduct a parallel, administrative investigation of the
incident to determine if the officer violated any agency policy, procedure, or training
pg. 3 Exhibit D
principle as wc11 as complete tile: re(lltired reporting procedures to the: Texas Attorncy
General's Oflice or any other state and/or federal agency as required by lain'.
B. The 1,MSCI € will not lead the administrative invcstigatioil, but may provide assistance to
the participating agency.
C. 1,M1)CTI Investi-ators w ill respond to the call for service. assume control ofthe see ured
sceIle ill response to circurnstariccs where nnvesti�(lative, services Uri' autllnriZed in
accordance to these provisions.
VI. In -active Oise, cold Case Analysis & Re-investi�pation
A. The [,MS(.'[ I will investigate ill -Active, cold case(s), where investigative services are
authorized in accordance with these provisions. An inactive case «ill reg_=ain priority
status when new llllormation emerges from witnesses, re-ehamincd archives, new or
retained material evidence. as well as rcnewed suspect(~) activity.
13. The I . M S 0 € may apply new tech nicat methods and practices on any remaining. physical
evidence. [n the event the new method exhausts the entirety of the Surviving evidence,
the LMSO € investigator will briel'lhe LIVISCU Commander. The LMSCU Commander
«ill responsible for briefing the original investigating agency and the prosecuting
attorilev.
VI1. Cringes of Special Circumstance
A. When an investigation of a cringe of special circunlsLulce has been authorized in
accordance with this agreement by the Chiefof Police and the Sheriff, they shall draft it
special orderdelailing the nature and scope of tile investigation NN hich shall he delivercd
to ilie LN1SCt 1 C'ollllnallder.
Vill, Reservation of Rights and authority (Restating f xhlhit A. Section 7.)
A. As set forth in Fx1)ibit A. Section 7 ofthis Agree ill ent, the Lubhock County Slie riffand
Lubbock Chief of Police retain their inherent authority to assi;n work to the law
en60rcenle[Ito ff iccrs cnlploved by their respective departments, alld to assign or re -assign
law enforcement officers to the LMSCU. Nothing in this Ai reement precludes the
Lubbock Counk- Sheriff or Uibbock Chief of Policc from assignmo a nlaiter for
investigation to it law eilloNCiliClll o1fiCC1_ Cillhloy'ed by their resl)ccti\+c department.
APMOVF
Kelly Rave Gregory . S e l _
LUbkock Cnulrty Shcrif f Chief of pol ice
€�5 LN11ihii D