HomeMy WebLinkAboutDocumentation_Regular_Tab 10D_6/12/1997 II Ari.7VLV11Vp Lw. LJ—volt' /
1,1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE 150
• VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING THE PALM BEACH COUNTY LAW
11 ENFORCEMENT AGENCIES COMBINED OPERATIONAL
ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL
ii AID AGREEMENT AND AUTHORIZING THE MAYOR AND
CHIEF OF POLICE TO EXECUTE THE SAME ON
li BEHALF OF THE VILLAGE.
'I NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,. FLORIDA, AS FOLLOWS:
Section 1. The Palm Beach County Law Enforcement Agencies
j Combined Operational Assistance and Voluntary Cooperation
Mutual Aid Agreement, 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
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!
I
II The Mayor thereupon declared the Resolution duly passed and
adopted this 12th day of June, A.D. , 1997 .
MAYOR OF TEQUESTA•
jI
•
I�
i' Elizabeth A. Schauer
•
ATTEST:
,iI.
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11 Joann Manganiello
Village Clerk
H. wp60\res\23-97
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER /Village of Tequesta
505 SOUTH FLAGLER DRIVE
LARRY B.AUCCANDER MARK B.KrrammLTI HENRY P.IALmn AL
CAaLANaraorr MtcruET.RRAtu ELEVENTfiFLOOR 1902-1982
M.TRAcer Buraora Jaw;B.MCCRACKEN �' PALM BEACJl,17 ORIDA 33401 MAY 2 3 19 9 7 Harry Al Johnston
CLAY C.BROOKER. Score L.McMtn ar 1895-1983
JOYCEA.CONWAY DAvm PRATT P.O.Box 3475 R.Brace Jones
MAstaAnEDw� .COoran JoSrEVENJ.Ranurr WEST PALM BEACH,FL 33402-3475 Linage -manager's Off10E, w e
RmmEccA G.DOAtm PErmtA SArsa (561)'659-3000 19331991
DAVErE.DREYm D.CurvNSnAmell FAX:(561)832-1454
Cummmt.S.am SEnmy A Sroaav Retired
H.MICAm,EAR EY AUEN K.TomaaON VAMM:S D1RECf LINE: \Mem A.Foster
Score G.HAWEINE • Jarer S.Tama
T r M.HENRY BRIAN R.WAwuN of Counsel
Para.S.HoLYON H.ADAMS WEAVER L.Martin Flanagan
HARRYA JOraanoN II LISA S.&Bar¢ Jack A.Plisco
May 22, 1997
Mr. Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
RE : Village of Tequesta
Palm Beach County Law Enforcement Agencies
Combined Operational Assistance and Voluntary
Cooperation Mutual Aid Agreement
Our File No. 13153 .1
Dear Tom:
' I have reviewed the above referenced agreement and hereby approve
same as to legal form and sufficiency.
Sincerely,
JONES STER, JOHNSTON & STUBBS, P.A.
John C. Randolph
JCR\ssm
cc : Stephen J. Allison, Chief of Police
, A I : i
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'• VILLAGE OF TEQUESTA YEARS OF
EXCELLENCE ;
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May 14, 1997
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, _P.A.
P.O. Box 3475
• West Palm Beach, Florida 33402-3475
RE: Palm Beach County Law Enforcement Agencies Combined
Operational Assistance and Voluntary Cooperation Mutual Aid
Agreement
Dear Skip: .
Attached hereto, please find a copy of correspondence from Chief
of Police Allison regarding the above referenced. We would like
to have this Agreement considered by the Village Council at their
Meeting on June 12, 1997 .
Please review the Agreement for legal form and sufficiency,
advising me of the same, so that we may take the same to the
Village Council .
Sincerely, .
Thomas G. Bradford
Village Manager '
TGB/krb '
Attachment
c: Stephen J. Allison, Chief of Police •
attorney\051497.sam
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)Vii1ae ifest
mt.,`;
MEMO G'Village Managers Office
To: Thomas G. Bradford, Village Manager
From: Stephen Allison, Chief of Police
Subject: Mutual Aid Agreement - Palm Beach County Law Enforcement
Date: May 12, 1997
Attached is a copy of the Palm Beach County Law Enforcement Agencies Combined Operational
Assistance and Voluntary Cooperation Mutual Aid Agreement. The previous agreement expired
on December 31, 1996.
I have no problem with the agreement as written. I support the new restricted language in
paragraph three.
This agreement needs to be approved by Council.
//}-IDOL D/� THE SCHOOL DISTRICT DR.JOAN P.KOWAL
-4 OF PALM BEACH COUNTY,FLORIDA SUPERINTENDENT
pW f,'`' `' SCHOOL POLICE DEPARTMENT OF SCHOOLS
.k:r : . 3330 FOREST HILL BOULEVARD,B-121
`r • i ;=",;' WEST PALM BEACH,FL 33406-5869
°i :' ' .' (561)434.8300 FAX (561)434-8186
BEACH COCK`/
May 6, 1997
TO: ALL POLICE CHIEFS IN PALM BEACH COUNTY
Re: Mutual Aid Agreement _
Dear Chief:
Attached you will find an original copy of the Palm Beach County Law Enforcement Agencies
Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. It does not
significantly differ from our previous Mutual Aid Agreement that expired on December 31, 1996.
State Attorney Barry Krischer has reviewed this language and has no problem with it.
Please pass this Agreement along for legal review by your representative and then to your
governing body for adoption. If any of your legal counsel want to make changes, please have them
call me first at (561) 434-8435.
Some of you may have an earlier version of the Mutual Aid Agreement. This version had language
that broadened an Officer's ability to act as a Police Officer outside his/her jurisdiction 'or crimes
involving violence or any felonies. At the last Law Enforcement Planning Council meeting, Barry
Krischer raised some valid concerns that this language went beyond the scope of statutory
authority. The Florida Department of Law Enforcement had previously represented, in training, that
this language was supportable. However, when I called FDLE with Mr. Krischer's concerns, they
were equivocal in their support of this language.
Therefore, I have replaced the above referenced language with the more restrictive language we
had in our first Agreement (see Attachment 9 for changes in language). I will ask the Attorney
General for an opinion on our withdrawn language. While FDLE advises me that many agencies
in Florida are using similar language to the withdrawn language, I am sure that none of us wants
to be the test case in Florida for this issue.
Once your governing body has approved the Mutual Aid Agreement, please send me an original
signature page so that I may forward it to Tallahassee. We do not have to wait for all agencies to
sign the Agreement before we send the executed Agreements to Tallahassee. The Agreement
becomes active for your agency and other signatory agencies as soon as Tallahassee receives your
signature page.
If you have any questions, please feel free to call me at (561) 434-8435.
Sin/ ely,
,/ti,
J m s . Kelly, sident
(Pal Bach County Association of Chiefs of Police, Inc.
J K:pvh
Attachment An Equal Education Opportunity Provider and Affirmative Action Employer
ATTACHMENT 1
SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE -
3rd paragraph - OLD language
•
Should a sworn law enforcement officer'be in another subscribed agency's jurisdiction for matters
of a routine nature, such as traveling through the jurisdiction on 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 or felony of any nature, in the presence of said party,
representing his/her respective agency, he/she shall be empowered to render enforcement
assistance and act in accordance with law. Should enforcement action be taken, said party shall
notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to
ahem 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, sere 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, or secure apprehension of criminals whom the law enforcement officer may
encounter.
3rd paragraph - NEW language
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.
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 I, 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 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
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
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 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.
3
C. A political 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.
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:
CITY OF ATLANTIS:
William P. Howell, Mayor (date) Robert G. Mangold, Chief of Police (date)
(date) (date)
CITY OF BELLE GLADE:
J. Stephen Weeks, Mayor (date) Michael R. Miller, Chief of Police (date)
(date) (date)
CITY OF BOCA RATON:
Carol G. Hanson, Mayor (date) Peter Petracco, Chief of Police (date)
•
(date) (date)
CITY OF BOYNTON BEACH:
Gerald "Jerry" Taylor, Mayor (date) Marshall B. Gage, Chief of Police (date)
(date) (date)
CITY OF DELRAY BEACH:
Jay Alperin, Mayor (date) Richard G. Overman, Chief of Police (date)
(date) (date)
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CITY OF GREENACRES:
Samuel 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 JUNO 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)
6
TOWN OF JUPITER INLET COLONY:
Nicholas Porto, Mayor (date) Randall J. Parker, Chief of Police (date)
(date) (date)
TOWN OF LAKE CLARKE SHORES:
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)
(date) (date)
7
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:
Gail H. 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, Ill, Chief of Police (date)
Kenneth Schenck, City Manager (date) (date)
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TOWN OF PALM BEACH:
Paul 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:
Paulette Burdick, Chairman (date) James P. Kelly, Chief of School Police (date)
Joan P. Kowal, Superintendent (date) (data)
CITY OF PALM BEACH GARDENS:
Joe Russo, Mayor (date) James O. FitzGerald, Chief of Police (date)
(date) (date)
TOWN OF PALM BEACH SHORES:
Thomas C. Chilcote, Mayor (date) Roger K. Wille, Chief of Police (date)
(date) (date)
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VILLAGE OF PALM SPRINGS:
John 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)
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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)
11
a
Attachment !
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 Department
Royal Palm Beach Police Department
South Bay Police Department
South Palm Beach Police Department
Tequesta Police Department
West Palm Beach Police Department