1998-004 Amended Law Enforcement Mutual Aid AgreementRESOLUTION 04-98
•
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
I3EACH, FLORIDA, APPROVING THE AMENDED PALM BEACH COUNTY LAW
ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND
VOLUNTARY MUTUAL AID AGREEMENT, AND AUTHORIZING EXECUTION OF A
NEW SIGNATURE PAGE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section ]. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the amended 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
a new signature page for the Amended 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
Rcach.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 8th DAY OF JANUARY , 1998.
(Village Seal)
MAYOR
ATTEST ~~ iii ~i ~ ~ ~i~
• ~~ VILLAGE 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 advanta¢e
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 262.34, Florida Statutes, and;
(2) Continuing, multi-jurisdicational 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.Flarida Mutual Aid Act, to enter into a combined
mutual aid agreement for law enforcement service which:
(1) Permits voluntary cooperation and assistance ofa 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 H: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the subscribed Law Erdarcement A gencies 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 offens, 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
• WITNESSETH
WHEREAS, it is in the interest of public safety to allow sworn Law Enforcement Officers to act
when witnessing a violent crime in progress.
[n the event that an agency that is a party to this Agreement is in need of assistance 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.
Should a sworn law enforcement officer be in another subscribed ageney's jurisdiction for matters
of a routine nature, such as traveling through the jurisdiction an routine business, attending a
meeting or going to or from work, or transporting a prisoner, and a violation of Florida Statutes
occurs, which is a crime of violence, in the presence of said officer, he/she shall be empowered to
exercise authority as a law enforcement officer as if the officer was in his/her own jurisdiction.
Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction
and upon the tatter's arrival, turn the situation over to them and offer any assistance requested
• including, but not limited to, a follow-up written report documenting the event and the anions
taken. This provision so prescribed in this paragraph is not intended to grant general authority to
conduct investigations, serve warrants and/or subpoenas or to respond without request to
emergencies already being addressed by the agency of normal jurisdiction, but is intended to
address critical, life-threatening or public safety situations, prevent bodily injury to citizens, and/or
secure apprehension of criminals whom the law enforcement officer may encounter.
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.
HA\DLING COMPLAINTS:
Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effon 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:
1. The identity of the complainant.
An address where the complaining agency can be contacted.
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 ageney'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 ageney'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, PRIVII,EGES, IMMUNITIES AND COSTS
A. Employees of each participating Law Enforcement Agency, when actually engaging in
mutual cooperation and assistance outside of their jurisdictional 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, right, privileges and immunities
as if the employee was performing 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 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.
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
personal injury or death while such employees are engaged in rendering such assistance.
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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 extraterritoriallyuvder 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.
G. Nothing in this Agreement is intended or is to be construed as any transfer or contracting
away of the powers of 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 WIIEREOF, the agencies hereto cause these presents to be signed on the date
specified.
•
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AMENDMENT TO SECTION !Il OF THE PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES
COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
• TOWN OF MANALAPAN:
Gerald Kent Shortz, Mayor (date) William W. Smith, III (date)
Director of Public Safety
Charles H. Helm, Town Manager (date) (date)
TOWN OF MANGONIA PARK:
Gale M. English, Mayor (date) Joseph vonDembowski, Chief of Police (date)
(date) (date)
VILLAGE OF NORTH PALM BEACH:
~ ~~ ~ ~b~ ~-~~ ~ ~l ~~laa
Gal. Vastola, Mayor (date) Bruce F. Sekeres, Chief of Police (date)
(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)
•
Kenneth Schenck, City Manager (date) (date)
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