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Home My WebLink AboutDocumentation_Regular_Tab 10-E_4/9/1998 MEMO / fliafTi MAR 2 5 .19 To: Thomas G. Bradford, Village Manager Village Manage From: Stephen J. Allison, Chief of Police�� g Subject: Council Agenda Item-April 9, 1998 Date: March 24, 1998 Please add the amendment to the law enforcement mutual aid agreement to the agenda for the April 9, 1998, Council meeting. All supporting documentation is attached. Village of Tequesta MEMO 1FEB 2 7 1999 • Village Manager's Office To: Thomas G. Bradford, Village Manager From: Stephen J. Allison, Chief of Police A3& Subject: Amendment Request-County Mutual Aid Agreement Date: February 26, 1998 The Palm Beach County Association of Chiefs of Police and.the Law Enforcement Planning Council of Palm Beach County are requesting an amendment to the existing mutual aid agreement. (See attachment.) This amendment allows an officer to take immediate action to stop crimes of violence encountered in another.jurisdiction. The current agreement requires prior approval of the agency head before aid could be given. Quoting from the amended paragraph,"The provisions so prescribed in this paragraph....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." This amendment is a significant step towards providing an additional deterrent against violent crime in Palm Beach County. Also attached is a copy of a model general order that is recommended for adaption by each agency accepting this amendment. Please advise if this amendment needs to be reviewed by Mr. Randolph. I assume that it will also have to be approved by Council. JONES FOSTER Hagler Center Tower.Suite 1100 Mailing Address JOHNSTON V STON 505 South Hagler Drive Post Office Box 3475 Q� STUBBS P.A. est Palm Beach. Florida 33401 West Palm Beach.Florida 33402-3475 vl 1 v1�1h. 1 11 Telephime(5611 659-3000 Facsimile(561)832-1454 Attorneys and Counselors • John C.Randolph,Esq. Direct Dial:(561)650-0458 E-mail:jrandolph@jones-foster.com March 12, 1998 • • Stephen J. Allison Chief of Police Tequesta Police Department Post Office Box 3273 Tequesta,Florida 33469-0273 • RE: Village of Tequesta • • Palm Beach County Law Enforcement Mutual Aid Amendment • • Our File No. 13153.1 • Dear Chief Allison: This is in response to your letter of March 9, 1998, relating to the Palm Beach County Law Enforcement Mutual Aid Agreement Amendment. Please be advised that I have reviewed the Amendment and approve it as to legal form and sufficiency. Sincerely, JONES, F STER,JOHNSTON& STUBBS,P.A. • • • ohn C. Randolph JCR/ssm cc: Thomas G. Bradford,Village Manager • RESOLUTION NO. 21-97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AMENDMENT TO SECTION III OF THE PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, ORIGINALLY APPROVED BY RESOLUTION 23-96/97 ON JUNE 12, 1997, AND AUTHORIZING THE MAYOR AND CHIEF OF POLICE TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED,BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. An Amendment to Section III of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, originally approved by Resolution No. 23-97/98 on June 12, 1997, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor and Chief of Police of the Village of Tequesta are hereby authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption.. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of April, A.D. , 1998 . MAYOR OF TEQUESTA Elizabeth A. Schauer ATTEST: Joann Manganiello Village Clerk wp60\res\21-98 AMENDMENT TO SECTION III OF THE PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT 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. NOW, THEREFORE, THE SUBSCRIBING AGENCIES AGREE TO AMEND SECTION III, 'PROCEDURE FOR REQUESTING ASSISTANCE' BY: DELETING PARAGRAPH THREE (3): Nopency 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. AND INSERTING THE FOLLOWING PARAGRAPH: 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 latter'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. AMENDMENT TO SECTION III OF PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES , COMBINED OPERATONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT VILLAGE OF TEQUESTA: • Elizabeth A. Schauer, Mayor (date) Stephen J. Allison, Chief of Police (date) (date) (date) CITY OF WEST PALM BEACH: Nancy M. Graham, Mayor (date) Ric L. Bradshaw, Chief of Police (date) (date) (date) • r- 11 MODEL GENERAL ORDER ' SUBJECT: PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT I. POLICY Mutual Aid Agreements allow a (agency name) officer to operate as a law enforcement officer in another jurisdiction with the same powers, duties, rights, privileges and immunities as if the officer was on duty in (agency name). Generally, Law Enforcement Agency "A" must first request assistance from Law Enforcement Officer "B" will be empowered to act in Law Enforcement Agency "A"'s jurisdiction under the Mutual Aid Agreement. However, in the interest of public safety, the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, as amended, provides that should a sworn law enforcement officer be in another subscribed agency's jurisdiction, on or off duty, and a crime of violence occurs 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. Nothing in this order is meant to require or order an officer to action a crime of violence committed in the presence of the officer outside his/her jurisdiction, but only to authorize such action if, in the exercise of common sense and good judgment, the officer decides to act. II. PROCEDURES A. Requests for operational or voluntary assistance may be made orally or in writing by the Law Enforcement Agency, Head or designee to the Agency Head or designee whose assistance is being sought._Typically, requests for assistance will be made by a watch commander through his/her Dispatch to the Agency whose assistance is being sought. ti B. A Law Enforcement Officer who exercises his/her law enforcement • authority outside his/her jurisdiction, when faced with a violent crime committed in his/her presence, shall do the following: 1. Immediately notify the Agency having normal jurisdiction; and 2.. Turn the situation over to the Agency having normal jurisdiction; and 3. Offer any assistance requested including, but not limited to, a follow-up written report documenting the event and actions taken; and 4. Notify the employing Law Enforcement Agency duty commander/supervisor. C. When an Officer is personally involved in an incident he/she may not take any law enforcement action which involves themselves, family, personal friends or neighbors unless immediate action is necessary to prevent serious bodily harm. 2