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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_02/17/2005 Memo TO: Michael Couzzo, Village Manager FROM: Stephen J. Allison, Chief of Police ,�.+�- Subject: Council Agenda Item Date: January 26, 2005 Attached for your consideration is an agenda item for the February 10, 2005, village council meeting. The resolution is for Council approval of a memorandum of understanding that will allow the police department to participate in a multi-agency violent crimes task force. The minimum level of participation required by the police department is specified in section III, paragraph 2. ("Those agencies which cannot dedicate an officer to fhe VCTF, shall assign a liaison to the Task Force.") Participation in the task force is a proactive step on our part for keeping violent crime to a minimal level in Tequesta. VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING AGENDA COVER/MEMORANDUM Date Prepared: January 26, 2005 Meeting Date: February 10, 2005 CLASSIFICATIUN: Subject/Agenda Item/Summary: Approval of a Memorandum of Understanding that will allow the police department to participate in a multi-agency violent crimes task force. This is a new program established by Sheriff Ric Bradshaw. STAFF RECOMMENDATION TO [) APPROVE [] DENY Reviewed by: Costs: Attachments: Advertised: (please list) None Date: 1VI.O.U. Paper: [ X ] Not required Funding Source: [ ] Operating [ ] Other (explain) Affected Parties: [ ] Notified (explain) Budget Acct. # [ ) None [ X ] Not Required Submitted by: Originating Village Manager Council Action: Department: Approval: Stephen Allison [ ] Approved Chief of Police Pofice Department [] Approved w/conditions: [ ] Denied [ ] Tabled to: 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 TIiE TEQUESTA POLICE DEPARTMENT IN THE PALM BEACH COUNTY MULTI-AGENCY VIOLENT CRIMES TASR 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 of Understanding for the participation of the Tequesta Police Department in the Palm Beach County Multi-Agency Violent Crimes Task Force, ' attached hereto as exhibit "A", is hereby approved and the ' Mayor is 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 vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION �The Mayor thereupon declared the Resolution duly passed . ;and adopted this lOth day of February, A.D., 2005. MAYOR OF TEQUESTA Pat Watkins ATTEST: Gwen Carlisle Village Clerk 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 a Multi-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 a multi-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. II. AUTHORITY l. 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 Sherif�s 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 Sherif�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 Czime 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 RATON: 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: 1Vlayor (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 SHORES: Mayor (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) i 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: Mayor (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) (date) CITY OF RIVIERA BEACH: Mayor (date) Chief of Police, (date) Clarence Williams III (date) (date) VILLAGE OF ROYAL PALM BEACH: Mayor (date) Chief of Police, Ed Stepnowski (date) (date) (date) CITY OF SOUTH BAY: Mayor (date) Chief of Police, Michael Morris (date) (date) (date) TOWN OF SOUTH PALM BEACH: Mayor (date) Acting Chief of Police, (date) Roger Crane (date) (date) VILLAGE OF TEQUESTA: Mayor (date) Chief of Police, Stephen Allison (date) (date) (date) CITY OF WEST PALM BEACH: Mayor (date) Chief of Police, Delsa Bush (date) (date) (date) EXHIBIT � �_ Atlantis Police Department Belle Glade Police Department Boca Raton Police Department Boynton Beach Police Deparhnent 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 -� - - _ s � - PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE /AND VOLUNTARY CO�PERATiQN MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as iisted 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} Cor,tinuing, multi jurisdictiona! law enforczment �robl2ms, so Gs to protect the public peace and safety, and preserve tt�e fives and property of the peopie; 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 rendefing 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 sa represented may request and render law enforcement assistance to the other to inctude, but not necessariiy be limited to, dealing with civil disturbances, (arge protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention faci(ities, and incidents requiring utilization of specialized units. -. SFCTION ll: 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, gambiing, motor vehicle thefts, controlled substance violations, p.ursuant 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 andlor 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 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. 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 latters arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written repo�t 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�.r,T]GN IV: COMMAND AND SUPERVISORY RESPONSIBILITY ' �The personnel and equipment that are assigned by the assisting agency head shall be � under the immediate cammand 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 hislher 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 superio� officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct o�der. � HANDLING COMPLAINTS: Wheneverthere 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 documen#ation of said c�mplaint to asce�tain 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 fonivarded without delay to the Agency Head or his/he� 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: LIABILlTY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, o� 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, IMMt,ENITIES AND COSTS A. Empfoyees of each participating Law Enforcement Agency, when actual(y engaging . in mutual cooperation and assistance oufside of their jurisdictional limits, but inside the State of F(orida, under the terms of this Agreement, shail, pursuant to the provisions of Section 23.127(1), Fiorida 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 capabilify to communicate an a shared radio frequency, then the requesting agency will either provide radios to the personne! of the agency furnishing aid o� pair personne! from the agency furnishing aid with personnel from agencies that have the capabilify to communicate on a shared radio frequency. . D. 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. 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 trave! 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 o� deatft while such employees are engaged in rendering such assistance. �. The privileges and immunities from Iiability, 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 deg�ee, manner, and extent while engaged in the performance of the employes's duties extratefritorial(y under the p�ovisions of this Mutual Aid Agresment. The provisions of this section shall apply with equal effect to paid, volunteer, auxiiiary, 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 af the powers or functions of one party hereto to the other. SECTION VI1: EFFECTIVE DATE This Agreement shali take effecf upon execution and approval by the hereinafter named officials and shaff continue in full force and effect untii 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 Associafion 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 Vlll: CANCELLATION Any agency may cance! their participation in fihis Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. 1N WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. _ 5 � Attachment 1 Atlantis Police Department = Belle Glade Police Depa�tment Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenac�es Police Depa�tment - Guffstream Police Department Highland Beach Police Depa�tment Juno Beach Folice Department � Jupiter Police Depa►tment Jupiter Inlet Colony Police Departmeht Lake Clarke Shores Police Department Lake Parlc Police Department Lake Worth Police Department _ Lantana Polic� Department Manalapan Police Depar�ment Mangonia Park Police Department No�th Palm Beach Police Department Ocean Ridge Police Department � Pahokee Police Department Palm Beach Police Depa�tment 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