2001-053 Law Enforcement Mutual Aid AgreementC~
RESOLUTION 53-2001
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 HEALTH, 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 14th DAY OF DUNE. 2001.
(Village Seal)
ATTEST:
Village Clerk
•
• PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES
COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION
WHEREAS, the subscribing Law Enforcement Agencies as listed in
Attachmentl, 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 voluntary cooperation and assistance of a routine la~~~
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.
School District Police Officers are hereby authorized to enforce laws in an area within 1000
feet of a school or school board property and within 1000 feet of any school sponsored
event including, but not necessarily limited to, public school graduations, proms, dances
and project graduations. 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 actions taken.
Should a sworn law enforcement officer (officer) be in another subscribed agency's
jurisdiction and 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 actions 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 violent criminals whom the law enforcement officer
. may encounter.
The Agency Head's decision in these matters shall be final
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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.
HANDLING 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:
1. 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
• agercy's employees while engaged in rendering such aid pursuant to this Agreement,
subject to the provisions of Section 768.28, Florida Statutes, where applicable.
3
SECTION VI: POWERS, PRIVILEGES, 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,
rights, 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 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.
C. Communication with personnel from outside agencies will be accomplished with a
shared radio frequency. Should the agency furnishing aid not have the capability
to communicate on a shared radio frequency, then the requesting agency will either
provide radios to the personnel of the agency furnishing aid or pair personnel from
the agency furnishing aid with personnel from agencies that have the capability to
communicate on a shared radio frequency.
D. 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.
E. 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.
F. 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.
G. 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.
4
H. 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 January 31, 2005. On or about
September 30, 2004, a committee will be established by the Palm Beach County Law
Enforcement Planning Council in conjunction with the Palm Beach County Association of
Chiefs of Police, Inc., to review this Agreement and revise, if necessary. 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.
•
5
ATTEST:
• CITY OF ATLANTIS:
William P. Howell, Mayor
(date) Robert G. Mangold, Chief of Police (date)
(date)
CITY OF BELLE GLADE:
D. Bill Mathis, Mayor (date)
(date)
CITY OF BOCA RATON:
Carol G. Hanson, Mayor (date)
(date)
CITY OF BOYNTON BEACH:
Gerald Broening, Mayor (date)
(date)
CITY OF DELRAY BEACH:
David W. Schmidt, Mayor (date)
• (date)
(date)
Michael R. Miller, Chief of Police (date)
(date)
Andrew J. Scott, III, Chief of Police (date)
(date)
Marshall B. Gage, Chief of Police (date)
(date)
Richard G. Overman, Chief of Police (date)
(date)
6
FLORIDA ATLANTIC UNIVERSITY:
• Anthony J. Catanese, President (date) August J. Washington (date)
Director of Safety and Security
(date) (date)
CITY OF GREENACRES:
Samuel J. Ferreri, Mayor (date) Gregory P. Smith, Director of Public Safety (date)
Richard C. Olson, City Manager (date) (date)
TOWM.OF GULFSTREAM:•.
William F. Koch, Jr., Mayor (date) Garrett J. Ward, Chief of Police (date)
Kristin K. Garrison, Town Manager (date) (date)
TOWN OF HIGHLAND BEACH:
Thomas J. Reid, Mayor (date) Anthony M. Cervasio, Chief of Police (date)
Ben Saag, Town Manager (date) (date)
TOWN OF JUNO BEACH:
Robert C. Blomquist, Mayor (date) H.C. Clark, II, Chief of Police (date)
.Gail F. Nelson, Town Manager (date)
(date)
7
TOWN OF JUPITER:
• Karen J. Golonka, Mayor (date) Richard J. Westgate, Chief of Police (date)
(date) (date)
TOWN OF JUPITER INLET COLONY:
John Miner, Mayor (date) Randall J. Parker, Chief of Police (date)
(date) (date)
TOWN OF LAKE CLARKE SHO RES:
Malcolm Lewis, Mayor (date) William W. Smith, III, Chief of Police (date)
Joann Hatton, Town Manager (date) (date)
T01fi,!~ 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 E. Smith, Chief of Police (date)
• (date) (date)
8
TOWN OF LANTANA:
• Michael Bornstein, Town Manager (date) Robert W. Chalman, Jr., Chief of Police (date)
(date) (date)
TOWN OF MANALAPAN:
Gerald Kent Shortz, Mayor (date) Wilbur C. Walker, Director of Public Safety (date)
Lori LaVerriere, Town Manager (date) (date)
TOWN OF MANGONIA PARK:
Alan J. Palmer, Mayor (date) Joseph vonDembowski, Chief of Police (date)
(date)
VILL TH BEACH:
6/19/01
~ date
David B. Norris, Mayor ( )
a e19o
athleen F. Kelly, Village C rk (date)
(date)
~~ ~" ~'~^~J 6/19/01
Earl L. Johnson, Chief of liOce/ (date)
~~~~2~ 6/ioinl
Dennis W. Ke11y, Village Manager (date)
TOWN OF OCEAN RIDGE:
Gail Adams Aaskov, Mayor (date)
Edward G. Hillery, Jr., Chief of Police (date)
• Gregory L: Dunham, Town Manager (date)
(date)
9
CITY OF PAHOKEE:
• Roy Singletary, Mayor
(date) Gary J. Frechette, Chief of Police
Kenneth Schenck, City Manager
TOWN OF PALM BEACH:
(date)
(date)
(date)
Lesly S. Smith, Mayor
(date) Frank A. Croft, Chief of Police (date)
i somas ci. Bradford, Acting Town Mgr (date) Jack McDonald, President, Town Council (date)
PALM BEACH COUNTY SHERIFF'S OFFICE:
(date) Edward W. Bieluch, Sheriff
(date)
PALM BEACH COUNTY SCHOOL DISTRICT:
(date)
(date)
Thomas E. Lynch, Chairman (date) James P. Kelly, Chief of School Police (date)
H. Benjamin Marlin, Superintendent (date) (date)
CITY OF PALM BEACH GARDENS:
Joseph R. Russo, Mayor (date) James O. FitzGerald, Chief of Police (date)
• (date) (date)
10
TOWN OF PALM BEACH SHORES:
• Thomas R. Mills, Mayor (date) Roger K. Wille, Chief of Police (date)
(date) (date)
VILLAGE OF PALM SPRINGS:
John M. Davis, Mayor (date) Jay C. Pickens, Director of Public Safety (date)
Karl E. Umberger, Village Manager (date) (date)
CITY OF RIVIERA BEACH:
Michael D. Brown, Mayor (date) Jerry P. Poreba, Chief of Police (date)
(date) (date)
VILLAGE OF ROYAL PALM BEAC H:
David A. Lodwick, Mayor (date) Michael A. Bruscell, Sr., Chief of Police (date)
(date) (date)
CITY OF SOUTH BAY:
Clarence E. Anthony, Mayor (date) Danny D. Jones, Chief (date)
• (date) (date)
11
TOWN OF SOUTH PALM BEACH:
• Beverly Savin, Mayor (date) Roger M. Crane, Chief of Police
VILLAGE OF TEQUESTA: (date)
Joseph Capretta, Mayor (date) Stephen J. Allison, Chief of Police
CITY OF WEST PALM BEACH: (date)
Joel T. Daves, Mayor (date) Ric L. Bradshaw, Chief of Police
(date)
(date)
(date)
(date)
(date)
12
(date)
(date)
Attachment I
Atlantis Police Department
Belle Glade Police Department
Boca Raton Police Department
Boynton Beach Police Department
Delray Beach Police Department
Florida Atlantic University
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 Poiice 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 Department
Royal Palm Beach Police Department
South Bay Police Department
South Palm Beach Police Department
Tequesta Police Department
West Palm Beach Police Department