Loading...
1997-039 Law Enforcement Mutual Aid Agreement RESOLUTION NO. 39.-97 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A MUTUAL AID AGREEMENT WITH PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES ATTACHED AS EXHIBIT "A" FOR OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION FOR THE HEATLH, SAFETY AND WELFARE OF THE MEMBERS VARIOUS JURISDICTIONS INCLUSIVE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE. • BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Mutual Aid Agreement with Palm Beach County Law Enforcement Agencies attached as Exhibit "A", which Agreement is for the combined operational assistance and voluntary cooperation of its members when needed for the health, safety and welfare for preservation of lives and property within the Village of North Palm Beach and member jurisdictions. Section 2. The Mayor and Village Clerk are hereby authorized and. directed to execute the Mutual Aid Agreement with • Palm Beach County Law Enforcement Agencies set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 96+h DAY OF ,TUNE • 1997.. (Village Seal) YOR A T T : ~ ~f>/~_ ILLAGE CLERK PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES • COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID .AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment /, which is incorporated by reference, are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations, including, but not limited to, emergencies as defined under Section 252.34, Florida Statutes, and (2) Continuing; multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, et. seq.,'The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluritary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: • SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION • Each of the subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or School Board property, and inter-agency task forces and/or joint investigations. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE • In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance is required. .The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and .his/her available resources and will respond in a manner he/she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. No Agency Head or his/her designated representatives shall be empowered under this Agreement to operate in another jurisdiction without prior approval of the Agency Head having jurisdiction... The Agency Head's decision in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. CONFLICTS: Whenever a Law Enforcement Officer is rendering .assistance pursuant to this Agreement, the Law Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. 2 hIANDLING COMPLAINTS: • Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing of the complaint shall be .forwarded without delay to the Agency Head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Employees of each participating Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside oftheirjurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was pertorming duties inside the employee's political subdivision in which normally employed. B. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth above; provided however, that no agency shall be required to deplete unreasonably it's own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. • 3 C. Apolitical subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in • the operation and maintenance of that equipment. D. The agency furnishing aid pursuant to this section shall compensate it's employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of it's employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. E. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, auxiliary, and reserve employees. F. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. i G. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VII: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until December 31, 2000. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VIII: CANCELLATION Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. 4 ATTEST: .'I'fY OF ATLANTIS: William P. Howell, Mayor (date) (date) CITY OF BELLE GLADE: J. Stephen Weeks, Mayor (date) (date) CITY OF BOCA RATON: ~:,arol G. Hanson, Mayor (date) (date) CITY OF BOYNTON BEACH: Gerald "Jerry" Taylor, Mayor (date) (date) CITY OF DELRAY BEACH: Jay Alperin, Mayor (date) (date) Robert G. Mangold, Chief of Police (date) (date) Michael R. Miller, Chief of Police (date) (date} Peter Petracco, Chief of Police (date) (date) Marshall B. Gage, Chief of Police (date) (date) Richard G. Overman, Chief of Police (date) (date) 5 CITY OF GREENACRES: ~iamuel Ferrari, Mayor (date) John T. Treanor, Director of Public Safety (date) (date) (date) TOWN OF GULFSTREAM: William Koch, Jr., Mayor (date) Robert Schultz, Chief of Police (date) Scott Harrington, Town Manager (date) (date) TOWN OF HIGHLAND BEACH: Arlin Voress, Mayor (date) Anthony M. Cervasio, Chief of Police (date) Mary Ann Mariano, Town Manager (date) (date) TOWN OF JUNG BEACH: Frank W. Harris, Mayor (date) Mitchell L. Tyre, Chief of Police (date) Gail F. Nelson, Town Manager (date) (date) ~. TOWN OF JUPITER: Karen J. Golonka, Mayor (date) Richard Westgate, Chief of Police (date) (date) (date) TOWN OF JUPITER INLET COLONY: r!licholas Porto, Mayor (date) ~ Randall J. Parker, Chief of Police (date) (date) TOWN OF LAKE CLARKE SHORES: (date) Robert M.W. Shalhoub, Mayor (date) Michael A. Bruscell, Sr., Chief of Police(date) (date) (date) TOWN OF LAKE PARK: William H. Wagner, Mayor (date) Jeffrey Lindskoog, Chief of Police (date) (date) (date) CITY OF LAKE WORTH: Thomas Ramiccio, Mayor (date) William Smith, Chief of Police (date) (date) (date) TOWN OF LANTANA: Ronald M. Ferris, Town Manager (date) Robert W. Chalman, Jr., Chief of Police (date) i (date) (date) 7 TOWN OF MANALAPAN: ~3erald Kent Shortz, Mayor (date) William W. Smith, III (date) Director of Public Safety Charles hl. Helm, Town Manager (date) TOWN OF MANGONIA PARK: Gale M. English, Mayor VILLAGE OF NORTH PALM BEACH: ~~ (date) Joseph vonDembowski, Chief of Police(date) (date) C~~~ ~~~ Bruce F. Sekeres, Chief of Police (d te) ayor ~ ~ O (date) (date) TOWN OF OCEAN RIDGE: George D. Stamos, Mayor (date) Edward G. Hillery, Jr., Chief of Police (date) Gary W. Lanker, Town Manager (date) (date) CITY OF PAHOKEE: Ramon Horta, Mayor (date) Carmen Salvatore, III, Chief of Police (date) ~enneth Schenck, City Manager (date) (date) 8 TOWN OF PALM BEACH: ~~aul R. Ilyinsky, Mayor (date) Joseph L. Terlizzese, Chief of Police (date) Robert J. Doney, Town Manager (date) Lesly Smith (date) President, Town Council PALM BEACH COUNTY SHERIFF'S OFFICE: (date) Robert W. Neumann, Sheriff (date) (date) (date) PALM BEACH COUNTY SCHOOL DISTRICT: 'aulette Burdick, Chairman (date) James P. Kelly, Chief of School Police (date) Joan P. Kowal, Superintendent CITY OF PALM BEACH GARDENS: Joe Russo, Mayor TOWN OF PALM BEACH SHORES: Thomas C. Chilcote, Mayor • (date) (date) (date) James O. FitzGerald, Chief of Police (date) (date) (date) (date) Roger K. Wille, Chief of Police (date) (date) 9 (date) VILLAGE OF PALM SPRINGS: ~ohn M. Davis, Mayor (date) Karl E. Umberger (date) Director of Public Safety Joseph L. Gallegos, Village Manager (date) (date) CITY OF RIVIERA BEACH: Clara K. Williams, Mayor (date) Jerry P. Poreba, Chief of Police (date) (date) (date) VILLAGE OF ROYAL PALM BEACH: Tony Masilotti, Mayor (date) Philip Redstone, Chief of Police (date) (date) (date) CITY OF SOUTH BAY: Clarence E. Anthony, Mayor (date) Michael E. Jackson, City Manager (date) (date) (date) TOWN OF SOUTH PALM BEACH: Margot Roberts, Mayor (date) Roger M. Crane, Chief of Police (date) (date) (date) 10 VILLAGE OF TEQUESTA: ~lizabeth A. Schauer, Mayor (date) (date) CITY OF WEST PALM BEACH: Nancy M. Graham, Mayor (date) (date) ., Stephen J. Allison, Chief of Police (date) (date) Ric L. Bradshaw, Chief of Police (date) (date) 11 Atlantis Police Department Belle Glade Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Greenacres Police Department Gulfstream Police Department Highland Beach Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lake Park Police Department Lake Worth Police Department Lantana Police Department Manalapan Police Department Mangonia Park Police Department North Palm Beach Police Department Ocean Ridge Police Department Pahokee Police Department Palm Beach Police Department Palm Beach County Sheriffs Office Palm Beach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Uepartment Royal Palm Beach Police Department South Bay Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department Attachment I •