Pasco Sheriff's Office General Order 54.1 PDF

Summary

This document is a general order from the Pasco Sheriff's Office. It outlines guidelines for releasing information to the public in Florida. The order covers matters such as releasing and not releasing information regarding crime investigations and other topics.

Full Transcript

G.O. 54.1 PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: PUBLIC INFORMATION GENERAL ORDER: 54.1 EFFECTIVE: MARCH 2, 2022 SUPERSEDES: NOVEMBRER 24, 2021 ACCREDITATION...

G.O. 54.1 PASCO SHERIFF’S OFFICE GENERAL ORDER TITLE: PUBLIC INFORMATION GENERAL ORDER: 54.1 EFFECTIVE: MARCH 2, 2022 SUPERSEDES: NOVEMBRER 24, 2021 ACCREDITATION STANDARDS: CFA 1.06, 1.07, 32.05 PAGES: 6 CONTENTS: This order consists of the following numbered sections: I. GENERAL II. PUBLIC INFORMATION OFFICE III. RELEASABLE INFORMATION IV. NON-RELEASABLE INFORMATION V. DOCUMENTS VI. NEWS RELEASES VII. SOCIAL MEDIA VIII. MEDIA ACCESS TO INCIDENT SCENES IX. SPEECHES X. TRAINING XI. GLOSSARY PURPOSE: To establish guidelines for the release of information pertaining to Sheriff’s Office matters. SCOPE: This order applies to all members. DISCUSSION: It is important that the public is informed about law enforcement matters in an open and timely manner, within legal limits. This general order addresses the public information function. POLICY: Within the limits of the Florida Public Records Law (Chapter 119, F.S.), Florida Con- stitution Article I, Section 16, and other applicable law, the Pasco Sheriff’s Office will provide the public with information. [CFA 1.06] 1 G.O. 54.1 PROCEDURE: I. GENERAL: A. Only the Sheriff, Chief Deputy, Bureau Commanders, Public Information Manager, and those designated by the Sheriff, Chief Deputy, a Bureau Commander, or Public Information Manager are authorized to release information to the public. The Public Information Manager shall designate an on-call Public Information Officer to provide information regarding verified public safety issues outside of normal business hours. [CFA 1.06] B. Investigative / Intelligence Information: Disclosure of active criminal investigative or intel- ligence information to the public shall be made only after consultation with and concurrence of individuals responsible for the investigation or their supervisors. II. PUBLIC INFORMATION OFFICE: The Pasco Sheriff’s Office has a Public Information Office with a Public Information Manager, Public Information Officer, and a Social Media Coordi- nator, who will: A. Assist news media representatives covering routine news and at major incident scenes. [CFA 1.06] B. Be responsible for on-call response to the public. [CFA 1.06] C. Prepare and issue agency news releases, to include the use of social media for disbursement. [CFA 1.06 D] D. Arrange for and assist at news conferences. [CFA 1.06] E. Coordinate the release of information within legal limits. [CFA 1.06] F. Assist during crisis situations within the agency. G. Coordinate and authorize the release of information concerning confidential information and operations in accordance with state law. [CFA 1.06] III. RELEASABLE INFORMATION: Active criminal investigative and active criminal intelli- gence information, which will be released unless otherwise restricted herein, includes the following: A. The classification of the charged crime. B. The time, date, location, and nature of a reported crime. C. The time, date, location, and nature of the incident and arrest. D. The name, sex, age, and address of a person arrested, except as protected by state and/or federal law. 2 G.O. 54.1 E. The name, age, sex, race, address, and agency booking photograph of any adult charged with a crime, or any juvenile charged with a felony, except as restricted by Section IV. C. [CFA 1.07] IV. NON-RELEASABLE INFORMATION: The following information will not be released: A. Any criminal intelligence or criminal investigative information, active or not, including the pho- tograph, name, address, or other fact or information that would identify the victim of any sexual offense; lewd, lascivious or indecent assault upon or in the presence of a child; or child abuse/ne- glect. [CFA 1.07] B. The identity of any suspect in a child abuse case in which probable cause has not been estab- lished. C. The identity, name, age, race, sex, or address of any juvenile under the age of 18 charged with a misdemeanor, unless the juvenile has at least three prior misdemeanor convictions. [CFA 1.06 , 1.07] D. The identity of any critically injured or deceased person prior to the notification of the next of kin. When notification has been attempted but is not possible within a reasonable time, the respec- tive appropriate bureau commander may make an exception. E. The specific cause of death until determined by the Medical Examiner. Details may be withheld in homicide cases if the release of specific information could hinder the criminal investigation. F. Personal opinion or comments not included in the report founded upon evidence or fact. [CFA 1.07] G. The results of an investigative procedure, such as a lineup, polygraph, fingerprinting, laboratory analysis, or ballistics test. The fact that the tests are performed may be acknowledged without comment. H. Information that, if prematurely released, could significantly interfere with an investigation or arrest, particularly: details known only to a suspect or a deputy, specifics of modus operandi (MO), unverified information, unchecked leads, and information that may cause a suspect to flee or avoid apprehension. I. The existence, contents, or failure to make, of any confession, admission, or statement by a defendant. [CFA 1.07] J. Performance or results of any tests, or a defendant’s refusal or failure to submit to investigative tests, such as a polygraph. [CFA 1.07] K. The identity, prospective testimony, or any comments on the character or credibility of a pro- spective witness. [CFA 1.07] L. The name or identity of an inmate admitted to a hospital. 3 G.O. 54.1 M. Any opinion about the prior criminal record, character, reputation, or guilt or innocence of a defendant, or the merits of the case, including the quality and nature of evidence, and whether its use in court is expected. [CFA 1.07] N. The photograph, social security number, home address, or telephone number of a current or former agency member, the name of a member’s spouse, and place of employment, or the names of their children and the schools they attend. If a current agency member is charged with a crime, his or her booking photograph may be released. [CFA 1.07] O. Any information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim. [CFA 1.07] P. Any other information that is exempt under Florida’s Public Records laws or Florida’s Consti- tution. Q. The public information officer or other authorized member will not make any press release or statement to the media concerning any ongoing joint investigations covered by any mutual aid agreement without consulting the other participating agencies or the specific approval of the Sheriff or his designee, pursuant to General Order 2.1. [CFA 1.07] V. DOCUMENTS: Under the Florida Public Records Law, the Records and Report Management Manager or his or her designee, or the Public Information Manager or his or her designee, will release the following to the public upon request: A. Incident reports, supplementary reports, and arrest reports, if confidential and/or exempt infor- mation has been excised. B. Closed professional standards investigations, from which confidential and/or exempt infor- mation has been excised. C. Agency files or documents that are not part of an active or open criminal investigation, from which confidential and/or exempt information has been excised. VI. NEWS RELEASES: The Public Information Manager will be responsible for the periodic prep- aration and distribution of news releases based upon information provided by members directly in- volved in the case, incident, or subject matter of the press release. In the absence of the Public Infor- mation Manager, the Public Information Officer or a designee of the Sheriff will make the release. Releases to the media will be made through social media or through an email system designed to inform the media, at the discretion of the Public Information Manager or Community Engagement Bureau Commander. [CFA 1.06, CFA 32.05] A. News releases will be issued as necessary. B. News releases will be distributed to the media through social media or e-mail or any other ef- fective method, depending upon the urgency of the situation. 4 G.O. 54.1 C. News conferences for the release of information concerning a major crime, arrest, or other topic, may be scheduled at the direction of the Sheriff, or his designee, who may designate agency mem- bers to assist in the presentation. Advance media notifications will be made by the sPublic Infor- mation Manager, or a designee. VII: SOCIAL MEDIA A. The Pasco Sheriff’s Office will maintain a presence on social media to engage and inform the public of the activities of the Pasco Sheriff’s Office. This social media presence will be managed by the Social Media Coordinators under guidance of the Public Information Manager. B. Posting on social media accounts managed by the Pasco Sheriff’s Office will be done only by those approved by the Sheriff, Chief Deputy, Bureau Commander, or Public Information Manager. [CFA 32.05] C. At all times, social media will follow the Strategic Communications Guide maintained by the Public Information Manager. VIII. MEDIA ACCESS TO INCIDENT SCENES: [CFA 1.06] A. General Access: Where there is a safety factor or the danger of personal injury, access may be restricted until the commander at the scene determines that the area is safe. [CFA 1.06] B. Crime Scenes: To preserve the integrity of an investigation, direct access to a crime scene by news media representatives may be allowed only after all known evidence has been processed, and the on-site investigation has been completed. Once the crime scene investigation has been com- pleted, media access is a matter between the media and the property owner. [CFA 1.06] C. Hostage or Barricade Situations: The commander at the scene, in consultation with the Com- munity Engagement Bureau Commander, the Public Information Manager, or a Public Information Officer, shall designate an initial news media briefing area, if necessary, as soon as practical. [CFA 1.06] D. Major Fires, Natural Disasters, or Other Catastrophic Events: As soon as practical, the incident commander, in consultation with the Public Information Manager, should make arrange- ments so that media personnel do not interfere with law enforcement or emergency operations. A news media briefing area should be established outside the perimeter. [CFA 1.06].IX. SPEECHES: No presentation or speech involving the policies or activities of the Pasco Sher- iff’s Office will be made to any civic organization, community group, or other civilian forum, by any agency member without authorization by the Sheriff or competent authority. A Speaking Engagement Request [PSO 1-0026] must be executed by the member prior to making any speech or presentation to the public. X. TRAINING: Any member assigned to the Public Information Unit will receive recurrent train- ing as required to keep abreast of legal updates, new technology or policy changes that may affect the dissemination of information to the media and/or the public. 5 G.O. 54.1 XI. GLOSSARY: COMMANDER - The Chief Deputy, or Bureau Commander, whichever is in the member’s direct chain of command. COMPETENT AUTHORITY - The Sheriff, the Chief Deputy, and Bureau Commanders. CONFIDENTIAL INFORMATION - Information obtained by the Pasco Sheriff’s Office that is pro- tected by state and/or federal law to the extent that the agency has an affirmative duty not to disclose and/or release. CRIMINAL INTELLIGENCE INFORMATION - Information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or mon- itor possible criminal activity. CRIMINAL INVESTIGATIVE INFORMATION - Information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. EXEMPT INFORMATION - Information obtained by the Pasco Sheriff’s Office that may or may not be disclosed under state and/or federal law, at the discretion of the agency. NEWS MEDIA - Accredited full time working members of a daily or weekly newspaper, a repre- sentative of a web based content provider, or a radio or television station including journalists, pho- tographers, camera persons, videographers, and technicians. INDEXING: INFORMATION RELEASE MEDIA RELATIONS NEWS MEDIA PIO PRESS RELEASES PUBLIC INFORMATION SPEAKING ENGAGEMENT REQUESTS SPEECHES DRAFTED: AH/LAM / February 25, 2021 / Filed: 54.1 Public Information APPROVED: CHRIS NOCCO, SHERIFF PASCO COUNTY, FLORIDA 6 G.O. 54.1 7

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