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HomeMy WebLinkAboutItem #02 Approval of Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement AGENDA ITEM COVER SHEET Meeting Date: April 7, 2009 Item # 2- Contact Name: Contact Number: C. Brown X3021 Reviewed By: Department Director: City Manager: Subject: Combineil Qp~rationarAss~stance and Voluntary Cooperation Mutual Aid Agreement 1& "'!:Wf( '.:: <:;& ':~> m '>:,:-;V' %' <, 4: ,,~ Background Summary: In past years, the Ocoee Police Department and the Orange County Sheriff's Office have participated in a Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement to assist each other with investigations or in unusual or emergency situations. The previous mutual aid agreement expired in January, 2009 with the election of a new sheriff. The Ocoee Police Department and the Orange County Sheriff's Office wish to enter into a new agreement that takes effect May 1, 2009 and ends December 31, 2012. Issue: Should the honorable Mayor and board of City Commissioners approve the "Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement" and authorize the Mayor to sign the same? Recommendations It is recommended that the honorable Mayor and board of City Commissioners approve the "Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement" and authorize the Mayor to sign the same. Attachments: Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement (hyperlinked) Financial Impact: None Type of Item: (please mark with an "x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Depf Use: _____ Consent Agenda Public Hearing _____ Regular Agenda X Original DocumenUContract Attached for Execution by City Clerk Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 MROSenq~I~~ . ,,}It- f:. A , N/A N/A N/A Citv Manager Robert Frank Commissioners Garv Hood. District 1 Rosemarv Wilsen. District 2 Rustv Johnson. District 3 Joel Keller. District 4 Mavor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mavor and City Commissioners FROM: Charles J. Brown, Chief of Police DATE: March 30, 2009 RE: Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement ISSUE Should the honorable Mayor and board of City Commissioners approve the "Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement" and authorize the Mayor to sign the same? BACKGROUND/DISCUSSION In past years, the Ocoee Police Department and the Orange County Sheriffs Office have participated in a Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement to assist each other with investigations or in unusual or emergency situations. The previous mutual aid agreement expired in January, 2009 with the election of a new sheriff. The Ocoee Police Department and the Orange County Sheriffs Office wish to enter into a new agreement that takes effect May 1, 2009 and ends December 31, 2012. Foley and Lardner has reviewed this agreement. 1 cJev k ~ CA:; \ I / OY131hdS' COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WHEREAS, the subscribing law enforcement agencies 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 9252.34, F.S.; 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. WHEREAS, the Sheriff of Orange County, Florida, and the City of Ocoee, Florida, have the authority under 923.12, F.S., et seq., the "Florida Mutual Aid Act," to enter into a mutual aid agreement for law enforcement service which: (1) Provides for rendering of assistance in a law enforcement emergency, as defined in 9252.34, F.S.; and (2) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. NOW, THEREFORE, the parties agree as follows: Section I: Operational Assistance The subscribing agencies hereby approve and enter into this Agreement whereby each agency may request and render law enforcement assistance to the other for law enforcement emergencies, including but not limited to civil disturbances, aircraft disasters, fires, natural or man-made disasters, escapes from detention facilities, parades, hostage or barricaded suspect situations, incidents requiring utilization of specialized units, protest demonstrations, sporting events, concerts, and conferences. Section II: Voluntary Cooperation A. The subscribing agencies hereby approve and enter into this Agreement whereby each agency may request and render voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines. This assistance may address violations of any Florida Statute, e.g., investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug offenses pursuant to Chapter 893, F .S. The agencies may conduct joint investigations or operations and may participate in inter-agency task forces, e.g., Special Weapons and Tactics ("SWAT") operations, Metropolitan Bureau of Investigation, Orange County Community Traffic Safety Task Force, and bomb disposal operations. B. An Ocoee police officer, representing his or her agency, is empowered to backup an Orange County deputy anywhere within Orange County, without first obtaining permission from the Orange County Sheriffs Office ("OCSO"), in accordance with the law and this Agreement. The Ocoee police officer shall immediately, prior to initiating any action, notify his or her Communications Center. The Ocoee Communications Center shall immediately notify the OCSO Communications Center. In an emergency situation requiring immediate law enforcement action (e.g., a suspect is battering a deputy), these notifications may be made after the situation has stabilized. If an Ocoee police officer who is passing through the unincorporated county witnesses a forcible felony, as defined by Florida Statute 776.08, or other crime of violence against a person, the officer, representing his or her agency, is empowered to take such law enforcement action as is immediately necessary to protect the victim(s) or the community from the perpetrator of said crime, without first obtaining permission from the OCSO, in accordance with the law and this Agreement. If an Ocoee police officer takes such a law enforcement action and, while doing so, another misdemeanor or felony violation of Florida Statutes occurs in his or her presence (e.g., resisting a law enforcement officer without violence), the officer, representing his or her agency, is empowered to take law enforcement action, without first obtaining permission from the OCSO, in accordance with the law and this Agreement. In both such situations, Ocoee police officers shall immediately, prior to initiating any action, notify their Communications Center. The Ocoee Communications Center shall immediately notify the OCSO Communications Center. In an emergency situation requiring immediate law enforcement action, these notifications may be made after the situation has stabilized. The Ocoee police officer is responsible for concluding the incident as he or she deems appropriate (e.g., arrest, Baker Act transport) and documenting it in either an arrest or incident report. If an Ocoee police officer passing through the unincorporated county observes a driver engaging in a pattern of conduct that constitutes an imminent danger to the motoring publiC and reasonable suspicion of driving under the influence in violation of Florida law, the officer, representing his or her agency, is empowered to take such law enforcement action as is immediately necessary to protect the community from the perpetrator of said crime, without first obtaining permission from the OCSO, in accordance with the law and this Agreement. If an Ocoee police officer takes such a law enforcement action and, while doing so, another misdemeanor or felony violation of Florida Statutes occurs in his or her presence (e.g., resisting a law enforcement officer without violence), the officer, representing his or her agency, is empowered to take law enforcement action, without first obtaining permission from the OCSO, in accordance with the law and this Agreement. In both such situations, Ocoee police officers shall immediately, prior to initiating any action, notify their Communications Center. The Ocoee Communications Center shall immediately notify the OCSO Communications Center. In an emergency situation requiring immediate law enforcement action, these notifications may be made after the situation has stabilized. The Ocoee police officer is responsible for concluding the incident as he or she deems appropriate (e.g., arrest, Baker Act transport) and documenting it in either an arrest or incident report. This Agreement does not grant law enforcement powers to Ocoee officers for purposes of off-duty law enforcement employment. 2 Section III: Procedures for Requesting or Providing Aid A party to this Agreement ("requesting agency") may obtain assistance as set forth above in Section I or Section IIA from the other party ("responding agency"). The chief law enforcement executive (Sheriff or Chief of Police) or designee of the requesting agency shall direct the request to the chief law enforcement executive or designee of the responding agency. The request shall specify the needed assistance, e.g., number of personnel, type of equipment, location where equipment or personnel will be assigned. The chief law enforcement executive or designee shall evaluate the situation and his or her agency's available resources and respond in a manner that he or she deems appropriate. Requests for assistance may be verbal or written. Written requests may be delivered by hand, U.S. Mail, teletype, or e-mail. Written requests directed to the OCSOvia U.S. Mail shall be addressed to P.O. Box 1440, Orlando, Florida 32802-1440. Written requests directed to Ocoee via U.S. Mail shall be addressed to 175 North Bluford Avenue, Ocoee, Florida 32761. Each party is responsible for tracking mutual aid requests made or received in accordance with this Agreement. If the Ocoee Police Department is rendering assistance pursuant to this Agreement in areas of Orange County that are outside the city limits of Ocoee, the Sheriff of Orange County or designee may determine who is authorized to lend assistance, the nature of the assistance, how long assistance is authorized, and for what purpose the authority is granted. If the OCSO is rendering assistance pursuant to this Agreement within the city limits of Ocoee, the Ocoee Police Chief or designee may determine who is authorized to lend assistance, the nature of the assistance, how long assistance is authorized, and for what purpose the authority is granted. Except for the limited purposes noted in Section II(B), Ocoee police officers are not empowered under this Agreement to take law enforcement action in areas of Orange County that are outside the city limits of Ocoee without the prior approval of the Sheriff of Orange County or designee. If an officer from one party takes law enforcement action in the jurisdiction of the other party pursuant to this Agreement, he or she shall notify the agency having jurisdiction and thereafter take all necessary steps to lawfully complete the enforcement action, including but not limited to, arresting the suspect, transporting the suspect to the appropriate booking location, booking, and providing appropriate reports documenting the event and the actions taken. The parties are not required to unreasonably deplete their own equipment, resources, facilities, and services (e.g., personnel, marked units, unmarked units, K-9 units, national, state, and county computer networks) to furnish mutual aid. The requesting agency shall release equipment and personnel provided by the responding agency when they are no longer needed or when the responding party determines they are needed within its jurisdiction. Personnel provided by the responding agency shall assist in transporting and processing prisoners during situations involving mass arrests, upon request by the other party. They shall also assist with operating temporary detention facilities, upon request by the other party. 3 The requesting agency shall be responsible for recording radio communications, including but not limited to, time en route, number of units responding, time of arrival, time of completion, and any other pertinent radio communication. Upon request by the other party, the requesting or responding agency shall complete a detailed report and forward a copy to the other agency. Actions by Ocoee police officers that occur within areas of Orange County that are outside the city limits of Ocoee shall be in accordance with and governed by this Agreement; or shall result from actions that legally extend the officers' jurisdiction, including but not limited to fresh pursuits that begin within the city limits of Ocoee; or shall be in accordance with and governed by a mutual aid agreement between Ocoee and the municipality in which the actions occurred. Section IV: Command and Supervisory Responsibilities The resources or facilities assigned by the responding agency shall be under the immediate command of a supervising officer designated by the responding agency. Said supervising officer shall be under the direct supervision and command of a person designated by the chief executive officer, or his or her designee, of the requesting agency. Conflicts: Whenever an agency member is rendering aid pursuant to this Agreement, he or she shall abide by, and be subject to, the rules and regulations, personnel policies, general orders, and standard operating procedures of his or her respective agency. 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 standard operating procedure shall control and supersede the direct order. Handling Complaints: If there is cause to believe that a complaint has arisen from a cooperative effort under this Agreement, the requesting agency shall be responsible for documenting the complaint, to try to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining party can be contacted. 3. The specific allegation. 4. The identity of the accused agency members without regard to agency affiliation. The requesting agency shall provide the responding agency with this information, along with a copy of all applicable documentation. The requesting agency shall expeditiously direct the information and documentation to the professional standards unit of the responding agency. The agency employing the subject of the complaint shall be responsible for conducting an appropriate review. 4 .. Section V: Liability Each party shall be responsible for the acts, omissions, and conduct of its agents, employees, and appointees that occur while said persons are engaged in providing services pursuant to this Agreement, subject to the provisions of Florida Statute 768.28 where applicable. Section VI: Powers, Privileges, Immunities, and Costs Pursuant to the provisions of Florida Statute 23.127(1), an employee of a subscribing agency, who renders aid outside the agency's jurisdiction in accordance with this Agreement, shall have the same powers, duties, rights privileges, and immunities as if performing duties inside the jurisdiction of his or her agency. 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 activities of a subscribing agency's employees when performing their respective functions within their agencies' jurisdictional limits shall apply to them to the same degree, manner, and extent while engaged in the performance of their duties extraterritorially under the provisions of this Agreement. This provision shall apply with equal effect to paid, volunteer, and reserve employees. The responding agency shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while said employees are engaged in rendering such assistance. Each party furnishing equipment pursuant to this Agreement 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. Nothing herein shall prevent the requesting agency from seeking supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the responding agency for any actual costs or expenses incurred by the responding agency performing hereunder. Section VII: Term This Agreement shall take effect May 1, 2009 and shall continue in full force and effect through December 31, 2012. The term of this Agreement may be extended for a period of up to 120 days by written agreement executed prior to December 31, 2012 by the Sheriff of Orange County and Ocoee Chief of Police. This Agreement may not be renewed or amended except in writing. 5 ". .. Section VIII: Cancellation Either party may terminate this Agreement for convenience upon delivery of written notice to the other party. The liability provisions of this Agreement shall survive any such termination. Section IX: Miscellaneous Provisions A. Agency Policy Each party shall adopt and enforce written policy that is consistent with the terms of this Agreement. Ocoee's policy shall explicitly explain the various circumstances under which its officers may take law enforcement action in areas of Orange County that are outside the city limits of Ocoee. Each party shall also train its officers on legal issues pertaining to mutual aid, the terms of this Agreement, and the requirements of its policy. Said training shall extend to all its sworn members, whether full or part-time and whether paid or volunteer. B. Forfeiture Litigation If a subscribing agency seizes any vessel, motor vehicle, aircraft, or other property .pursuant to the Florida Contraband Forfeiture Act (Florida Statutes 932.701-707) during performance of this Agreement, the agency requesting assistance in the case of Operational Assistance, and the seizing agency in the case of Voluntary Cooperation, shall be responsible for maintaining a forfeiture action. The agency pursuing the forfeiture action shall have the exclusive right to control, and responsibility to maintain, the proceedings and property in accordance with the Florida Contraband Forfeiture Act, including but not limited to complete discretion to bring a lawsuit, dismiss the case, or settle the case. Proceeds from forfeited property seized as a result of or in accordance with this Agreement shall be divided to reflect the resources committed by each party. The parties shall confer to arrive at an appropriate formula. The agency litigating the forfeiture action may recover its reasonable court costs (e.g., filing fee, court reporter fee) from the proceeds of the case. C. Powers Nothing in this Agreement shall be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. D. Damages This Agreement shall in no event confer upon any person, corporation, partnership, or other entity, including the parties hereto, the right to damages or any other form of relief against any party to this Agreement for operations or omissions hereunder. 6 '. E. Conflicts with Florida Mutual Aid Act In the event of a conflict between the provisions of this Agreement and 923.12, F.S., et seq., the "Florida Mutual Aid Act," the provisions of the Florida Mutual Aid Act shall control. F. Amendments This Agreement contains the entire understanding between the parties and shall not be modified except in writing. In witness whereof, the parties have caused this Agreement to be executed by the undersigned persons as duly authorized. SHERIFF'S OFFICE OF ORANGE COUNTY, FLORIDA OCOEE POLICE DEPARTMENT Date: range County, Florida B~~r ! t Date: ~. fl~' 'H1 APPROVED: CITY OF OCOEE, FLORIDA ATTEST: City Clerk Scott Vandergrift Mayor APPROVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AT A MEETING HELD ON UNDER AGENDA NO. 7 FOR USE AND RELIANCE ONLY BY THE SHERIFF OF ORANGE COUNTY, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS Iq~ DAY OF ~O\~~ 2009. BY: \\. ~~-9...Q ,Q:.'^..... ~~c..~ General Counsel FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF 2009. BY: City Attorney 8 .. r..