Item I1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/17/07
Division: Monroe County Sheriff's Office
Bulk Item: Yes XX
No
Department: Monroe County Sheriff's Office
Staff Contact Person: Val Marinello
AGENDA ITEM WORDING:
Request for expenditure from Law Enforcement Trust Fund
ITEM BACKGROUND:
FBI is requesting state and local law enforcement agencies to contribute DNA samples from
unidentified and missing persons to it's Missing Persons Database. The Sheriffs Homicide Unit will
seek court orders permitting the disinterment of the bodies of six unidentified persons. The
disintennentlreinterment cost is $1464.00. court filing is $255.00 for a total request of $1719.00
PREVIOUS RELEVANT DOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $1,719.00
BUDGETED: Yes
No~
COST TO COUNTY:
SOURCE OF FUNDS: Law Enforcement Trust Fund
REVENUE PRODUCING: Yes
No /' AMOUNT PER MONTH_ Year
APPROVED BY: CountyAtty._ OZing- RiSkzent~
... /)^~# hlJ ~
DIVISION DIRECTOR APPROVAL: ~ ~
Richard D. Roth, Sheriff
DOCUMENTATION:
Included XX
Not Required~
DISPOSITION:
AGENDA ITEM #
Revised 2/05
Monroe County Sheriff's Office
:Richan{ rn. tJ?[Jt/i1 Sheriff
5525 Co[fege 2(paa
~!J West} :!wriaa 33040
(305) 292-7000 :!J1X: (305) 292-7070 1-800-27 3-COP 5
'WU)W.Ks!Jsso.net
SUBSTATIONS
I'recm:m Suhslallllll
20950 Overseas IIwy,
Cudjoe Key. I'L 33042
(305) 745-3184
FAX nOS) 745-3761
Mar:uholl Substali<m
3103 Over,ca, IIwy,
M"ratholl. FL 33050
(305) 289.2430
FAX (305) 289-2497
I slamoradi1 Sub~la1 ion
l\7000 Ol'ersca, Ilwy,
[,I,mlOrad:!. FL 33036
(305) 853-7021
I'AX (305) 1153-9372
ROlh Building
50 Iligh I'oilu Ro,,,1
Tavernier, FL 33070
(305) X53.32 I 1
FAX (305) X53-:I205
DETENTION CE~TERS
Key We't Del. Cenler
5501 College Road
Kc y Wcs!. FL 33040
(3115) 293-7300
FAX (305) 293-7353
M'""lhon Dcl. "aeilily
39X I Ocean Termee
M "r:!lhon, FL 33050
(305) 289-2420
FAX (305) 289.2424
I'lanliuio" Del. "acilily
53 II igh Puinl Ruad
I'lalllalion Key, I'L 33070
(305) 85n266
FAX (305) 1\53-3270
SPECIAL OI'~~RATlONS
1'.0, Box 500975
Ma",lhol1, FL 33050
(305) 289-2410
FAX OilS) 289-24%
AVIATION DIVISION
10100 Ovcrse,,, Ilwy,
Maralholl, I'L 33050
(305) 289-2777
FAX (305) 289-2776
COMMUNICATIONS
2796 Oversea, 1-Iwy,
Mar:ttholl. I'L 33050
(305) 289-2351
FAX (305) 289-2493
October 2, 2007
Mr. Tom Willi, County Administrator
Gato Building
1100 Simonton Street
Key West. Florida 33040
RE: Agenda Item - Request for Expenditures from Law Enforcement
Trust Fund
Dear Mr. Willi:
I would like to request that the Commission authorize the following
expenditures from the Law Enforcement Trust Fund:
About a year ago, the FBI began asking state and loeallaw enforcement
agencies to contribute DNA samples from unidentified and missing penons to its
Missing Penon Database. The sample is checked for any similarity between it
and DNA submitted by family members of missing persons. The Sheriff's
Homicide Unit will seek court orden permitting the disinterment of the bodies of
six unidentified penons. The cost of disinterment/reinterment is $1464.00 and
the court filing is $255.00 for a total request of $1,719.00.
TOTAL: $1.719.00
I hereby certifY that these expenditures are lawful pursuant to the Florida
Contraband Act. There will be no recurring expenses in the existing budget.
Please feel free to contact my General Counsel, Mark L. Willis, or me
should you have any questions or concerns regarding this request.
Very~ours. 0
~aAdli-j;;z
Richard D. Roth
Sheriff of Monroe COWlty
RDR/vam
rI
~
,
Mark Willis
J> / tf (# t.\ ~ 2 !vv:l ~ .1) 'iY.
(3$/2-- 2-/ Jv7 '
Page 1 of4
~/1 ~t".I..e.J
Message
From: Mark Willis
Sent: Tuesday, September 25,20079:18 AM
To: Patricia Dally
Subject: RE: Disinterment of Dead Bodies
Two hours each then. Don't have to spend all the money.
-----Original Message-----
From: Patricia Dally
sent: Tuesday, September 25,20078:52 AM
To: Mark Willis
Subject: RE: Disinterment of Dead Bodies
Mark, I think that will be all. Mr. Brittan tried to include everything in the cost per hour. I am hoping that it
will be an hour or hour and a half. Do we want to ask for 2 hours each to make sure? Thanks for all your
help. Trish
-----Original Message-.---
From: Mark Willis
Sent: Monday, September 24, 2007 4:32 PM
To: Jon Ellsworth; Patricia Dally
SUbject: RE: Disinterment of Dead Bodies
I will ask the boss to use LETF $$ at tomorrow's staff meeting. 1.5 hours x 6 graves x $122 = $1098.
Any other cost items?
MLW
-----Original Message-----
From: Jon Ellsworth
Sent: Monday, September 24, 20074:17 PM
To: Patricia Dally
Cc: Mark Willis
Subject: RE: Disinterment of Dead Bodies
I'll work on it. I will need a list of the burial sites for a motion. Jon
-----Orig i na I Message-----
From: Patricia Dally
Sent: Monday, September 24, 2007 3:37 PM
To: Mark Willis; Jon Ellsworth
Cc: Nancy Alvarez
Subject: RE: Disinterment of Dead Bodies
Mark and Jon, I was finally able to get an approximate amount for each disinterment.
Russell Brittan (Sexton of KW Cemetery) gave me a price of $122 per hour (that
includes the manpower for the removal, lift, re-interment, and cement. Mr. Brittan
estimates each case would be between 1 and 1 1/2 hour. He will have some of the
pre-planning and extra cement slabs for the interment available to cut down on time.
While Dr. Hunter is removing the DNA sample, they would be working on opening
another vault. We are looking at 6 cases right now. Let me know what our next step
is.. Do we have to petition the county commission or can this come out of investigative
9/25/2007
Message
Page 2 of 4
funds? Will you help with the court orders? Thank you for all your help so far. Trish
-----Orig i na I Message-----
From: Mark Willis
Sent: Monday, July 23, 2007 9:16 AM
To: Patricia Dally
Cc: Jon Ellsworth
Subject: RE: Disinterment of Dead Bodies
Where are the bodies? Are they paupers buried in a cemetery?
No research yet but you are on the list.
MLW
.----Original Message-----
From: Patricia Dally
Sent: Friday, July 20, 2007 1:14 PM
To: Mark Willis
Cc: Nancy Alvarez; Ross Thomson
Subject: RE: Disinterment of Dead Bodies
Mark, I heard back from the ME's office and they will help with what ever
we need, but if there is any cost to disinter any body they do not cover
that. Who would cover any cost? It is a county project and it seems we
are all county/city employees. Any expense over and above would that
come out of Investigative funds? On some of the homicide cases we
would ultimately charge the defendant (when we catch them) with the
cost. Let me now and did you get a chance to do any research yet?
Thanks, Trish
-----Original Message-----
From: Mark Willis
Sent: Wednesday, July 11, 2007 11:15 AM
To: Patricia Dally
Cc: Jon Ellsworth
Subject: RE: Disinterment of Dead Bodies
Will do Sgt.
MLW
-----Origlnal Message-----
From: Patricia Dally
Sent: Wednesday, July 11, 20079:54 AM
To: ME 2 (E-mail); Mark Willis; Jon Ellsworth
Cc: Corey Bryan; Ross Thomson
Subject: FW: Disinterment of Dead Bodies
Howdy, We are researching several cold cases
(Unidentified persons) and have met with Social services in
an attempt to locate where they were buried. We believe
we have identified several burial spots and wish to disinter
them for the collection of DNA. Please review what the
county attorney has determined is needed to complete
this. Let me know if this is correct and what specific court
order is required (or]f you can give me a template for the
court order). Thanks, Trish
9/25/2007
Message
Page 3 of4
-----Original Message-----
From: Graham-Sheryl [mailto:Graham-
Sheryl@MonroeCounty-FL.Gov]
Sent: Wednesday, July 11,20078:31 AM
To: Patricia Dally
Subject: FW: Disinterment of Dead Bodies
Here you go. Please let me know if I can be of any
assistance with this in the future.
Sheryl L. Graham, MA, CWDP
Compliance Manager, Social Services
Monroe County Board of County Commissioners
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 1-202
Key West, FL 33040
Phone (305) 292-4592 or 4574
Fox (305) 295-4361
graham-sheryl@monroecounty-fl.gov
HELP US HELP YOU!
Please take a moment to complete our Customer
Satisfaction Survey:
http://monroesurvey.virtualtown hall. net/survey. ph p?
gacc 14ael b
Please note: Florida has a very broad public records law. Most written
communications to or from the County regarding County business are public
records available to the public and media upon request. Your e-mail
communication may be subject to public disclosure.
From: Barsell-Debbie
Sent: Tuesday, July 10, 2007 7:26 PM
To: Graham-Sheryl
SUbject: FW: Disinterment of Dead Bodies
Could you get back to Det Sgt Tricia Dally at 289-
2410 to let her know that we will need a court
order to disinter paupers. See Suzanne opinion
below. Thanks...deb
Deb Barsell
(v) 305.292.4510
From: Hutton-Suzanne
Sent: Tuesday, July 10, 2007 5:57 PM
To: Peters-Katherine
Cc: Mercado-Pedro; Barsell-Debbie
Subject: Disinterment of Dead Bodies
Kathy, I looked through the materials you pulled in
reference to a request as to how to authorize & go about a
disinterment of an unidentified body. FS 497.005(37)
defines legally authorized persons, except that there is no
9/25/2007
Message
Page 4 of 4
known next of kin, since we don't know who the person is.
Under FS 406.52, the County commissioners are deemed
a legally authorized person in order to bury a pauper. The
latter definition is provided only for the purpose for placing
responsibility to dispose of a body on the local jurisdiction.
Accordingly, I believe the sheriffwouJd have to obtain a
court order in order to disinter the body. If in so doing, his
counsel can get a written order that opines that the legally
authorized County under 406.52 should be deemed a
legally authorized person for the purposes of 497.384, then
we should be able to sign off on the disinterment in the
future.
S~I'i. -::f'~
County Attorney
Monroe County
PO Box 1 026
Key West, FI. 33041-1026
305-292-3470
9/25/2007