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HomeMy WebLinkAboutResolution_36-04/05_02/17/2005 LJ RESOLUTION NO. 36 - 04/05 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING FOR THE PARTICIPATION OF THE TEQUESTA POLICE DEPARTMENT IN THE PALM BEACH COUNTY MULTI-AGENCY VIOLENT CRIMES TASK FORCE, AND AUTHORIZING THE MAYOR 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. The Memorandum participation of the Tequesta Palm Beach County Multi-Agency attached hereto as exhibit ~~A", Mayor is hereby authorized to of the Village of Tequesta. of Understanding for the Police Department in the Violent Crimes Task Force, is hereby approved and the execute the same on behalf THE FOREGOING RESOLUTION WAS OFFERED BY Councilmember Humpage, who moved its adoption. The motion was seconded by Councilmember von Frank, and upon being put to vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Geraldine A. Genco Russell J. von Frank Edward D. Resnik Jim Humpage i • The Acting Mayor thereupon declared the Resolution duly passed and adopted this 17th day of February, A.D, 2005. G raldi~e A. Ge4~co;, Acting Mayor r ATTEST: j' 1 L'-~itiLC~~CyY~. .wen Carlisle Village Clerk • t PALM BEACH COUNTY MULTI-AGENCY VIOLENT CRIMES TASK FORCE MEMORANDUM OF UNDERSTANDING WHEREAS, Palm Beach County Law Enforcement Agencies have entered into a combined mutual aid agreement for law enforcement services that is in full force and effect; and WHEREAS, the participating Palm Beach County Law Enforcement Agencies set forth in Exhibit A, have the authority under the combined mutual aid agreement to enter into this Memorandum of Understanding creating the Multi-Agency Violent Crimes Task Force pursuant to Section II of said mutual aid agreement, herein incorporated by and referenced as Exhibit B; .and WHEREAS; the participating Palm Beach County Law Enforcement Agencies, along with the State Attorney's Office for Palm Beach County and certain Federal • and State agencies, have identified a need to establish aMulti-Agency Violent Crimes- Task Force in Palm Beach County to address violent crimes, utilizing a team problem-solving approach; NOW, THEREFORE, the participating Palm Beach County Law Enforcement Agencies, State Attorney's Office and certain Federal and State agencies agree to enter into this Memorandum of Understanding in consideration of mutual interests and understandings expressed herein, the parties hereto agree as follows: I. PURPOSE 1. An enforcement initiative, identified as the Palm Beach County Multi- Agency Violent Crimes Task Force, hereinafter referred to as "VCTF", will be established between the participating law enforcement agencies to address violent crimes occurring in Palm Beach County. 2. The VCTF will be amulti-disciplined, long-term law enforcement response to violent crime, through complex investigative techniques, pro-active patrol to identify and arrest suspects, intelligence gathering and employment of vertical prosecution, with the goal of achieving maximum inter-agency cooperation through a combined law enforcement effort to reducing violent crimes in Palm Beach County. • C, II. AUTHORITY 1. This Memorandum of Understanding is established pursuant to the specific authority in Section II of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, authorizing the establishment of inter-agency task forces. See Exhibit B. 2. The establishment of this Memorandum of Understanding does not in any way alter or modify the provisions of the existing Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, which sets forth the powers, privileges,. immunities and liabilities of the participating Palm Beach County law enforcement agencies. III. SCOPE OF AGREEMENT 1. A VCTF Board of Advisors will be created, made up of each participating agency's Chief of Police or Command Staff designee. The Board of Advisors to the VCTF will be responsible for establishing the command structure for the VCTF, determining investigative and tactical operation protocols, and adopting a unified comprehensive policy and procedure to implement the purposes set forth in this Memorandum of Understanding. The Board of Advisors will further recommend a location for a joint operation center for the VCTF. a. Each participating agency will have one vote on matters put before the Board and requiring a vote. b. Said protocols, operational procedures and recommendations shall be agreed upon by said Board and incorporated into this Memorandum of Understanding as an addendum. 2. To the extent that resources and funding allow, participating agencies will dedicate an officer to the VCTF, and provide necessary vehicles and operational equipment for those members specifically assigned to the VCTF. Those agencies which cannot dedicate an officer to the VCTF, shall assign a liaison to the Task Force. 3. The Palm Beach County Sheriffs Office will provide computer • networks, phones and other resources as necessary for the day-to-day operation of the VCTF, to the extent funding will allow. 4. The State Attorney of Palm Beach County will appoint an Assistant State Attorney to serve as a "special prosecutor" to prosecute all cases initiated by the VCTF. The "special prosecutor" will be available to assist in the early investigative phase, to include, but not be limited to, providing legal advice and expertise in securing search and arrest warrants against violent criminal offenders. The "special prosecutor" will be subject to call on a 24-hour a day basis. 5. The Bureau of Alcohol, Tobacco and Firearms. will consider assigning personnel to the VCTF, once the program becomes operational. To the extent necessary, separate Memorandums of Understanding with Federal and State agencies setting forth their specific involvement with the VCTF will be executed. 6. The Palm Beach County Sheriff s Office will immediately dedicate personnel to seek grant funds to support this program. 7. The Palm Beach County Sheriff s Office is committed to utilizing its resources to include, but not be limited to, ballistics and DNA analysis and other crime lab capabilities. The Organized Crime Bureau, Auto Theft Task Force, Gang Unit and other specialty units will assist in carrying out the purpose and goals of the VCTF. IV. EFFECTIVE DATE This Memorandum of Understanding shall take effect upon approval and signatures of the officials representing the participating agencies and will remain in effect unless and until an agency rescinds their participation in the VCTF upon 30 day written notice to the Board of Advisors. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. ATTEST: CITY OF ATLANTIS: Mayor (date) Chief of Police, Robert Mangold (date) (date) (date) CITY OF BELLE GLADE: Mayor (date) Chief of Police, Albert Dowdell (date) (date) (date) CITY OF BOCA BATON: Mayor (date) Chief of Police, Andrew Scott (date) (date) (date) CITY OF BOYNTON BEACH: Mayor (date) Chief of Police, Marshall Gage (date) (date) (date) CITY OF DELRAY BEACH: Mayor (date) Chief of Police, Larry Schroeder (date) (date) (date) • FLORIDA ATLANTIC UNIVERSITY: President (date) Chief of Police, Dolores Danser (date) (date) (date) CITY OF GREENACRES: Mayor (date) Chief of Police, Greg Smith (date) City Manager (date) (date) TOWN OF GULFSTREAM: Mayor (date) Chief of Police, Garrett Ward (date) Town Manager (date) (date) TOWN OF HIGHLAND BEACH: Mayor (date) Chief of Police, Gwendolyn Pascoe (date) Town Manager (date) (date) TOWN OF JUNO BEACH: Mayor (date) Chief of Police, H. C. Clark II (date) Town Manager (date) (date) TOWN OF JUPITER: Mayor (date) Chief of Police, Richard Westgate (date) (date) (date) TOWN OF JUPITER INLET COLONY: Mayor (date) Chief of Police, Joseph Benevento (date) (date) (date) TOWN OF LAKE CLARKE S HORES: Ma or Y date) ( Chief of Police, Wes Smith (date) Town Manager (date) (date) CITY OF LAKE WORTH: Mayor (date) Chief of Police, William Smith (date) (date) (date) TOWN OF LANTANA: Town Manager (date) Chief of Police, Rick Lincoln (date) (date) (date) • TOWN OF MANALAPAN: Mayor (date) Chief of Police, Clay Walker (date) Town Manager (date) (date) TOWN OF MANGONIA PARK: Mayor (date) Chief of Police, Rodney Thomas (date) (date) (date) VILLAGE OF NORTH PALM BEACH: Ma or Y date ( ) Chief of Police, James Knight (date) (date) (date) TOWN OF OCEAN RIDGE: Mayor (date) Chief of Police, Edward Hillery (date) Town Manager (date) (date) CITY OF PAHOKEE: Mayor (date) Chief of Police, Rafael Duran (date) • City Manager (date) (date) • TOWN OF PALM BEACH: Mayor (date) Chief of Police, Michael Reiter (date) Town Manager (date) President, Town Council (date) PALM BEACH COUNTY SHERIFF'S OFFICE: (date) Sheriff, Ric Bradshaw (date) (date) (date) PALM BEACH COUNTY SCHOOL DISTRICT: Chairman (date) Chief of Police, James Kelly (date) Superintendent (date) (date) CITY OF PALM BEACH GARDENS: Mayor (date) Chief of Police, Stephen Stepp (date) (date) (date) TOWN OF PALM BEACH SHORES: Mayor (date) Chief of Police, Roger Willie (date) • (date) (date) VILLAGE OF PALM SPRINGS: • Mayor (date) Chief of Police, Jay Pickens (date) Village Manager (date) CITY OF RIVIERA BEACH: Mayor (date) (date) Chief of Police, (date) Clarence Williams III (date) Chief of Police, Ed Stepnowski (date) (date) Chief of Police, Michael Morris (date) (date) VILLAGE OF ROYAL PALM BEACH: • Mayor (date) (date) CITY OF SOUTH BAY: Mayor (date) (date) TOWN OF SOUTH PALM BEACH: Mayor (date) (date) Acting Chief of Police, (date) Roger Crane (date) VILLAGE OF TEQUESTA: (date) r° f cc:~e -~ Mayor ~ ~'~~,Y 4;,I ~ ~ ~ ~ ~ ~-~ e ~' (date) ,~z~`c~ (date) CITY OF WEST PALM BEACH: Clue .o Police, Stephen Allison (date) (date) Mayor (date) Chief of Police, Delsa Bush (date) (date) (date) • n 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 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 Sheriff s 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 .EXHIBIT i; C . ~ = PALM BEACH COUNTY LAW ENFORCEMENT COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY MUTUAL AID AGREEMENT WITNESSETH AGENCIES COOPERATION EXHIBIT 9 WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment 1, 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-jurisdictions! 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. -. SFCTIO,N 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 farces 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 desigriee 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 hislher 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 tatters 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. 2 S~CTIO~N IV: COMMAND AND SUPERVISORY RESPONSIBILITY • The ersonne! and e ui ment that are assi ned b the a si p q p g y s sting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer sha(I be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. C-ONFLICTS: 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 agericy, 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. 3 !. _SECTION V1: POWERS, PRIVILEGES, IMMIJ:NITIES 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 Councii 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 6e signed on the date specified. • • 5 • Aftachment 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 Polio 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 •