Oviedo Police Department General Order PDF

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 SUBJECT: Media/Public Information AMENDS: None I. II. III. IV. V. PURPOSE POLICY DEFINITIONS NEWS RELEASE GUIDELINES PROCEDURES I. PURPOSE APPROVAL: NUMBER: Dale Coleman Chief of Police GO 1-7.0 REFERENCE: FSS Chapter 119 & CFA Chapte...

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 SUBJECT: Media/Public Information AMENDS: None I. II. III. IV. V. PURPOSE POLICY DEFINITIONS NEWS RELEASE GUIDELINES PROCEDURES I. PURPOSE APPROVAL: NUMBER: Dale Coleman Chief of Police GO 1-7.0 REFERENCE: FSS Chapter 119 & CFA Chapter 1 RESCINDS: None The purpose of this order is to establish policy and procedures for the release and dissemination of public information by the Oviedo Police Department to the public and the news media. II. POLICY It is the policy of the Oviedo Police Department to cooperate fully and impartially with authorized news media representatives in their effort to gather factual public information as long as these activities do not unduly interfere with the department’s operation, infringe upon individuals’ rights, or violate the law. A liaison with the media and public will be maintained through the Office of the Chief of Police via the Public Information Officer. Oviedo Police Department GO 1-7.0 Media/Public Information III. Page 2 of 8 DEFINITIONS A. Public Records: All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. B. Criminal Investigative Information: Information with respect to an identifiable person or group of persons compiled by the Oviedo Police Department or any other 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. Criminal investigative information shall be considered “active” as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future. C. 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 monitor possible criminal activity. Criminal intelligence information shall be considered “active” as long as it is related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities. IV. NEWS RELEASE GUIDELINES A. The following information is considered public information and cannot be withheld from the media: 1. The date, time, location, and nature of a reported crime; 2. The name, sex, age, and address of a person arrested (18 years of age or older) (except as listed in B7 below) 3. The name, sex, age, and address of a person arrested (under the age of 18) when the crime charged is a felony (except as listed in B7 below) 4. The time, date, and location of the incident and of the arrest; 5. The crime charged; and GO 1-7.0 Media/Public Information Oviedo Police Department GO 1-7.0 Media/Public Information 6. B. Page 3 of 8 The name, sex, age, and address of the victim of a crime (except as listed in B1 below) The following information is NOT considered public information and may be withheld from the media. Any information requests that fall outside of these guidelines are to be directed to the Public Information Officer: 1. Any criminal intelligence information or criminal investigative information including the photograph, name, address, or other fact or information which reveals the identity of the victim of the crime of sexual battery as defined in FSS Chapter 794; the identity of the victim of the crime of lewd, lascivious, or indecent assault upon or in the presence of a child as defined in FSS Chapter 800; or the identity of the victim of the crime of child abuse, neglect, or abandonment as defined by FSS Chapter 827, and any criminal intelligence information or criminal investigative information or other criminal record, including those portions of court records, which may reveal the identity of a person under the age of 18 who is a victim of any sexual offense, including sexual offenses proscribed in Chapters 794, 800, and 827; 2. Active criminal intelligence information and active criminal investigative information; 3. Any information revealing the identity of a confidential informant or a confidential source; 4. Any information revealing surveillance techniques, procedures, or personnel, and any comprehensive policies or plans compiled by a criminal justice agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies; 5. Any information revealing undercover personnel of any criminal justice agency; 6. Any criminal intelligence information or criminal investigative information which reveals the personal assets of the victim of a crime, other than property stolen or destroyed during the commission of the crime; and GO 1-7.0 Media/Public Information Oviedo Police Department GO 1-7.0 Media/Public Information 7. V. Page 4 of 8 The home addresses, telephone numbers, dates of birth, and photographs of active or former law enforcement (sworn or civilian) or criminal justice personnel; the home addresses, telephone numbers, dates of birth, photographs, and places of employment of the spouses and children of active or former law enforcement (sworn or civilian) or criminal justice personnel; and the names and locations of schools attended by the children of active or former law enforcement or criminal justice personnel; as well as all other personnel specifically designated as exempt pursuant to FSS 119.071. PROCEDURES A. B. Relationship with the News Media: 1. Each member of the department shall maintain a cooperative, harmonious, and professional relationship with representatives of the news media. 2. At the scene of any event of public interest, representatives of the news media will be permitted to conduct interviews, take photographs, and otherwise perform their assigned tasks, provided such conduct does not interfere with law enforcement operations; does not jeopardize active investigations, prejudice the right of the accused to a fair trial; or otherwise violate law or department policy. When in doubt, refer requests to the on-duty shift supervisor or to the Public Information Officer. 3. Members who are contacted by the news media for information, interviews, or comment regarding department members, department policy, or investigations of an internal nature are responsible for referring such inquiries to the Public Information Officer or the Chief of Police. Public Information Officer: 1. The Chief of Police shall designate a member of the department to be the Public Information Officer. 2. The Chief of Police and/or the Public Information Officer will serve as the authoritative source for media contacts and the release of information. When appropriate, the Public Information Officer will assist the media in obtaining information concerning news events and will coordinate appropriate media access to crime scenes, events, and incident sites. GO 1-7.0 Media/Public Information Oviedo Police Department GO 1-7.0 Media/Public Information C. Page 5 of 8 3. The Public Information Officer shall respond, as media activity dictates, during on-duty hours to significant incidents and crime scenes, or other locations as necessary to coordinate media requests and the release of appropriate information. 4. Outside of normal business hours, a shift supervisor or incident commander who handles or is notified of an event that creates media interest will notify the Chief of Police and other designated command personnel. The Chief of Police or designee will determine whether the Public Information Officer will be called out to assist in coordinating with the media. Press Conferences and Media Interviews: Press conferences and media interviews, formal and informal, will occur or be conducted only with the approval of the Chief of Police through the chain of command. The Chief of Police shall designate the Public Information Officer or other appropriate department member to coordinate each press conference or media interview and provide necessary assistance. D. News Releases: 1. The Chief of Police or appropriate designee are the only individuals which may authorize a news release. 2. News releases will be prepared and distributed as necessary to inform the public and news media of events that affect citizens or to seek the assistance of the public. Such releases are to be made available as soon as possible and may include posting to any social media networking sites or feeds as determined by the Public Information Officer or the Chief of Police. The subject matter and information included in every news release will be in accordance with Florida State Statutes regarding the release of public records. 3. Information concerning ongoing criminal investigations may be released only with the approval of the officer in charge of an investigation or incident, or with the approval of the on-scene lieutenant or higher. 4. Members shall not identify any suspect or the results of any investigative procedures until there has been an arrest; the service of an arrest warrant; or the filing of any information or indictment, except as may be necessary to aid in the investigation; to assist in the apprehension of the suspect; or to warn the public of any dangers. GO 1-7.0 Media/Public Information Oviedo Police Department GO 1-7.0 Media/Public Information E. F. G. Page 6 of 8 Media Access to Photographs: 1. Members shall not deliberately pose any person in custody for photographing or filming by representatives of the news media. 2. Oviedo Police Department photographs of suspects may be released, provided the photograph does not jeopardize an investigation. 3. Any release of photographs or other information relative to juveniles will be in accordance with Florida State Statutes. Media Access to Police Controlled Scenes: 1. After a crime scene has been processed thoroughly and cleared of all evidence, members of the media will be allowed access only when it does not jeopardize the safety of officers and/or civilians and does not interfere with any aspect of the investigation. Access shall only be permitted to credentialed media and only with the prior approval of the Public Information Officer or designee. 2. Representatives of the news media will be permitted access to designated perimeters or scenes of major fires, natural disasters, or other catastrophic events, if the presence of the media will not interfere with efforts to provide public safety. When the event has become less critical or severe, the ranking on-scene supervisor shall determine when the media may have access to the scene beyond the designated perimeter. 3. Representatives of the news media will be permitted to operate freely outside the perimeter of crime scenes provided they do not enter or attempt to enter the established perimeter or otherwise interfere with the police investigation. Standards for Disclosure of Information: 1. All requests for public records are to be directed to the Chief of Police, Public Information Officer, Records Coordinator, or other individual as designated by the Chief of Police. All requests shall be handled in accordance with Florida State Statutes, General Order 14.0 Records Management, and Marsy’s Law. GO 1-7.0 Media/Public Information Oviedo Police Department GO 1-7.0 Media/Public Information 2. Page 7 of 8 No department member may release any of the following information related to ongoing investigations with the exception of the Public Information Officer or designee, who, depending on the case, may release some of the following information: a. Information that might jeopardize the successful conclusion of any investigation or the right of an accused to a fair and impartial trial; b. The prior criminal record, character, or reputation of the accused; c. The identity or photograph of any suspect prior to arrest or the results of any investigative procedures, except to the extent necessary to aid in the investigation, to assist in apprehension of the suspect, or to warn the public of any danger; d. Any opinion as to guilt or innocence of the accused or about the merits of the case or the evidence in the case; e. Information obtained from FCIC/NCIC; f. The existence or contents of admission or confessions made by individuals or the refusal or failure of the accused to make any statement; g. The results or performance of examinations or tests or the refusal or failure of the accused to submit to an examination or test; h. The identity, testimony, or credibility of any prospective witnesses; i. The possibility of any plea from the accused; j. Information received from other agencies that is not currently public record without that agency’s concurrence for release. When other public service agencies are involved in a mutual effort, all releases of information will be coordinated with the involved agencies; k. Personal information identifying the victim of an on-going investigation; GO 1-7.0 Media/Public Information Oviedo Police Department GO 1-7.0 Media/Public Information H. Page 8 of 8 l. The identity of persons killed or seriously injured pending notification of next of kin; or m. Information pertaining to juveniles. Unauthorized personnel will NOT release any information to the media. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 04-01-2021 __________________ DATE GO 1-7.0 Media/Public Information