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HomeMy Public PortalAbout2012.01.02 Cascade Police Department Memorandum of UnderstandingMEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING made this 2nd day of January, 2012 by and between the McCall Police Department and the Cascade Police Department, is entered into for the purpose of granting authority to officers in each agency to exercise peace officer authority in the jurisdiction of the other agency, commonly referred to as cross-deputization. RECITALS WHEREAS, the McCall Police Department and the Cascade City Police Department agree that it is necessary and desirable to enter into an agreement providing for cross-deputization of each agency's officers for mutual aid. NOW THEREFORE, in consideration of the mutual terms and conditions and the recitals set forth above, the McCall Police Department and the Cascade City Police Department understand as follows: UNDERSTANDING CONDITIONS OF AUTHORIZATION It is intended that in situations where police action is necessary or should otherwise be taken, each agency is authorized to respond and take appropriate police action within the jurisdiction of the other. It is agreed that police officers of the McCall Police Department and the Cascade City Police Department be granted lawful authority to exercise the powers of police officers within the jurisdiction of the other. All POST -certified full-time paid employees of the McCall Police Department are hereby appointed and deputized by the Cascade City Police Chief as Special Police inside the City of Cascade, with full jurisdiction within Cascade City limits. This appointment is pursuant to Idaho State Code 67-2337.2a. All POST -certified full-time paid employees of the Cascade City Police Department are hereby appointed and deputized by the McCall City Police Chief as Special Police inside the City of McCall, with full jurisdiction within McCall City limits. This appointment is pursuant to Idaho State Code 67-2337.2a. MEMORANDUM OF UNDERSTANDING CITIES OF MCCALL AND CASCADE, IDAHO PAGE 1 of 3 MEMORANDUM OF UNDERSTANDING II. STANDARD OF CONDUCT Each police officer shall maintain standards of professional conduct required by the officer's current department policies and procedures. It shall be the sole duty and responsibility of an officer's employing agency to determine if there has been a breach of professional standards. Each agency shall have the responsibility to notify its officers of restrictions of jurisdiction or peace officer status due to a breach of professional standards, or other action that would limit peace officer authority for the officer. Where an officer -involved shooting, deadly force incident, or critical incident (hereinafter "incident") occurs involving the Cascade City Police Department, The Cit of Cascade will permit the Critical Incident Task Force (made up of officers from all Ada County agencies) to assist with the criminal investigation. MEDIA RELEASES As a general guideline, media information of all cases for which this MOU is controlling will be a shared task with the primary jurisdiction assuming lead role. However, this guideline is not intended to limit either one of the agencies from describing or withholding information regarding their participation in the situation. Whenever possible, the participating agencies will consult with one another prior to all media releases on such cases. Iv. LIABILITY Assumption of liability shall be prescribed by T.C. 67-2337(4), as well as any other state or federal laws consistent with I.C. 67-2337. The employing agency shall be responsible for, and assume all liability arising from the acts of its employees participating in police action regardless of which jurisdiction is the point of occurrence. MEMORANDUM OF UNDERSTANDING CITIES OF MCCALL AND CASCADE, IDAHO PAGE2of3 MEMORANDUM OF UNDERSTANDING V. AMENDMENT, DURATION, AND TERMINATION OF UNDERSTANDING This Memorandum of Understanding may be amended by agreement of both parties. This agreement shall remain in full force until terminated by either party in written form. Notice of change, amendment or termination shall be completed through registered or certified mail and timely notification. ENTERED into this 2nd day of January, 2012 by the cities of McCall and Cascade, Idaho. CITY OF MCCALL, IDAHO Gerald Summers Chief of Police Ho .le Mayor, Don Bailey McCall, Idaho CITY OF CASCADE, IDAHO S. Redmon Chief of Police Hono . ble Mayor, W. Carter Cascade, Idaho MEMORANDUM OF UNDERSTANDING CITIES OF MCCALL AND CASCADE, IDAHO PAGE 3 of 3 LAW ENFORCEMENT MUTUAL AID AGREEMENT (Joint Exercise of Power Agreement) AGREEMENT entered into between the Cascade Police Department and the McCall Police Department, and each of the above entities' law enforcement departments, all being political subdivisions, or governmental entities, of or within the state of Idaho, herein referred to as "party or parties." WITNES SETH: WHEREAS, each of the parties hereto is a "public agency" as defined by Idaho Code Section 67-2327, and is therefore authorized to enter into a Joint Exercise of Powers Agreement under Idaho Code Section 67-2328, and WHEREAS, each of the parties, as a "public agency," is entering into this Joint Exercise of Powers Agreement under and pursuant to Idaho Code Section 67-2338 and by resolution or ordinance duly enacted by each party pursuant to Idaho Code Section 67-2328(b), and WHEREAS, each of the parties hereto have an interest in law enforcement, protection, and control and WHEREAS, each of the parties own and maintain equipment and employ personnel who are trained to provide law enforcement, protection, and control; and WHEREAS, in the event of an emergency, a catastrophe or based upon the situation or event, one of the parties may need the assistance of another party to provide law enforcement, protection, and control; and WHEREAS, each of the parties hereto have sufficient equipment and personnel to enable it to provide such assisting services to another party under this Agreement based upon an emergency, catastrophe, situation or event; and WHEREAS, the geographical boundaries of each requesting party under this Agreement are located in such a manner as to enable each party to render mutual assistance to the other. NOW, THEREFORE, subject to the limitations of this Agreement and in order to provide the above mutual aid assistance between the parties, it is hereby agreed under and pursuant to Idaho Code Section 67-2328 as follows: 1. DURATION OF AGREEMENT: This Agreement shall not be effective until it is approved by the official or public agency having powers of control, pursuant to Idaho Code Section 67-2329. It shall continue in full force and effect for a period of five (5) years and continue thereafter or until any party terminates this Agreement by thirty (30) days written notice in writing to all other affected parties. If one party terminates this Agreement, it shall continue in full force and effect as to all other parties until terminated by them. JOINT EXERCISE OF POWERS AGREEMENT -1 of3 Pgs. Form 103 (January 1998) 2. PURPOSE --MUTUAL AID ASSISTANCE: The purpose of this Agreement is to permit the parties to cooperate to their mutual advantage providing services and equipment to provide mutual aid assistance to the other parties for law enforcement, protection, and control in the case of an emergency, catastrophe, or when the need may arise. The duty of each party under this Agreement is discretionary, but each party agrees that it will provide such assistance to the extent it determines that it has sufficient equipment and personnel to provide the requested assistance. All parties agree that it is not the purpose of this Agreement to provide normal and usual law enforcement, police protection, and police patrol, which it performs as a public agency. Each party acknowledges that it has no right to demand of another party that it provide any specific assistance under any circumstances. 3. MANNER OF FINANCING AND BUDGET: There shall be no joint financing of activities under this Agreement except by written amendment of this Agreement between the respective parties regarding a specific event or occurrence. No compensation shall be due and owing for services rendered and equipment furnished under this Agreement by a party. Each party agrees to be responsible for the payment of compensation and benefits for its employees who provide mutual aid assistance under this Agreement for another party. Each party shall independently budget for expected expenses under this Agreement. 4. ADMINISTRATOR OF MUTUAL AID: Pursuant to Idaho Code Section 67-2328(d)(1), the parties designate the elected sheriff, or chief law enforcement officer, of each party to be named to a joint board to administer this Agreement. Each board member shall receive no additional compensation other than as an employee of one of the parties. It shall be the duty of the members of the joint board as representatives of each party to coordinate all activities and mutual aid efforts of the parties under this Agreement. 5. REQUEST FOR ASSISTANCE: Any request for mutual aid assistance under this Agreement shall be made by the highest ranking official or requesting party who is available at the time the assistance is needed. The request may be oral, and shall be made to the highest ranking official of the assisting party who is available at the time. 6. RESPONSE TO REQUEST: The party requested to provide mutual aid assistance shall respond to the request as soon as possible and notify the requesting party of the assistance that can be provided. . The response may be orally conveyed to the joint board member of the respective party and the party requesting the assistance. If the requested party agrees to provide mutual aid assistance, it shall notify the respective joint board member and the requesting party as to the equipment and personnel which will be engaged in the assistance as well as the time it will be provided and the name of the person who will be in charge of providing the assistance. If the amount of assistance thereafter varies, the party providing it shall amend this notification so that the Administrator and the party receiving the assistance will know what assistance was intended. 7. COMMAND OF EQUIPMENT AND PERSONNEL: The requesting party shall have on -site command and direction of the equipment and personnel provided by a responding party. The requesting party shall always keep the responding party advised as to the person who is exercising command and direction. All personnel who participate in mutual aid assistance shall be loaned servants to the party requesting the assistance, except to the extent inconsistent with this Agreement. When the mutual aid assistance is no longer needed, the party receiving the assistance shall release this command and direct that all equipment and personnel be returned to the party providing the assistance. Personnel who participate in mutual aid assistance shall remain in the employee of their employer for all purposes, including, but not limited to, the payment of wages and benefits with the protection of all insurance and other coverage's such as worker's compensation as provided by Idaho Code Section 67-2338, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and other benefits shall apply to responding personnel to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially. JOINT EXERCISE OF POWERS AGREEMENT -2 of3 Pgs. Form 103 (January 1998) 8. STANDARD OF CONDUCT: Each officer providing assistance shall maintain the standards of professional conduct as required by the standards of the requesting entity. It shall be the sole duty, privilege, and responsibility of the entity employing an officer to determine if there has been any breach of professional standards and to carry out discipline, if any. However, the requesting entity may request that a particular officer be removed from any circumstance or the jurisdiction and the responding entity will honor such request as soon as practicable. At all times, the responding officers will be assigned duties customarily and lawfully performed by law enforcement officers of the state of Idaho and there shall be due and usual regard given to the personal safety of the officers and public consistent with the needs or circumstances and the law enforcement problem being addressed. 9. RESPONSIBILITIES OF REQUESTING PARTY: The requesting party will assign personnel to advise responding officers of statutory, administrative, and procedural requirements within the jurisdiction of the occurrence. Officers of the requesting party will be primarily responsible for making and processing arrests and the impounding or safeguarding of lives or property within the territorial boundaries of their jurisdiction. When a responding officer while in the jurisdiction of the requesting party takes a person or property into custody, the officer shall relinquish custody of said person or property at the earliest convenience to an officer of the requesting party for disposition in accordance with the laws of the requesting party. 10. CROSS-DEPUTIZATION: By each parties' signature to this Agreement, the said parties herein authorize the cross-deputization of its officers or responding officers when operating under the terms of this Agreement to facilitate its intent. 11. LIABILITY: The original employing party shall have and assume complete liability for all the acts of its personnel and the operation of its equipment provided under this Agreement. 12. MUTUAL HOLD HARMLESS: Each party to this Agreement agrees to indemnify and hold harmless the other from any and all liability for any injury, damage or claim suffered by any person or property caused by the party or its employee while performing under this Agreement. 13. INSURANCE: Each party to this Agreement agrees to carry and maintain a comprehensive general liability policy in the minimum amount of $500,000.00 to protect the party from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with its acts or performance under this Agreement. 14. RETURN OF EQUIPMENT AND PERSONNEL: When the mutual aid assistance is no longer required, the requesting party shall notify the joint board member of the release of its command of all equipment and personnel and such shall be returned to their normal place of operation. If the parties jointly purchase real or personal property, to perform under this Agreement, the control of that property shall be under the direction of the joint board and shall be divided equally among the parties upon termination of this Agreement. 15. PRE -INCIDENT PLANNING: The joint board and the commanding officers of the parties may from time to time mutually establish pre -incident plans which shall indicate the type and locations of potential problem areas where mutual aid assistance may be needed. This Agreement may be supplemented by schedules and lists of types of equipment and personnel that would be dispatched under various possible circumstances and the number of personnel that would be dispatched under certain circumstances. In addition, the parties may engage in mutual training sessions to ensure the efficient operation of this Agreement. The parties agree to take such steps as are feasible to standardize the equipment and procedures used to provide assistance under this Agreement. JOINT EXERCISE OF POWERS AGREEMENT - 3 of3 Pgs. Form 103 (January 1998) DATED this 24th day of NOVEMBER , 20 03 . PUBLIC ENTITY: City of Cascade By (Commissioner or Council Member) By (Commissioner or Council Member) A lTEST: Clerk of - City of Cascade (County, City or other Governmental Entity) Form and content approved by M. Pierce Form and content approved by PUBLIC ENTITY: By (� ai an or ayor) Cii,ty% M all By (Commissioner or Council Member) By (Commissioner or Council Member) ATTEST: Clerk of (County, City or other Gov�q�t%pity fnerg as attorney for as attorney for City of Cascade City of t1lcCall City o� d. d^ JOINT EXERCISE OF POWERS AGREEMENT - 4 of Pgs. Form 103 (January 1998) DATED this 26th:day of NOVEMBER , 20 03 . SHERIFF OR CHIEF OF POLICE: City of Cascade (Governmental Entity) By Its ,,eh of of Police ATTES'T: \Clerk of : City .`eff_ Cascade (County, City or other Governmental Entity) SHERIFF OR CHIEF OF POLICE City of McCall (Governmental Entity) l/ B Its Chief of Poli e ATTEST: Clerk of Ci ty of McCa1 1 (County, City or other Governmental Entity) LAW ENFORCEMENT MUTUAL AID AGREEMENT-4 of 4 Form 209 (January 1998) MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING made this 7`1' day of July, 2008 by and between the McCall Police Department and the Cascade Police Department, is entered into for the purpose of granting authority to officers in each agency to exercise peace officer authority in the jurisdiction of the other agency, commonly referred to as cross-deputization. RECITALS 'WHEREAS, the McCall City Police Department and the Cascade City Police Department agree that it is necessary and desirable to enter into an agreement providing for cross-deputizaton of each agency's officers for mutual aid. NOW THEREFORE, in consideration of the mutual terms and conditions and the recitals set forth above, the McCall City Police Depaitaient and the Cascade City Police Department understand as follows: UNDERSTANDING I. CONDITIONS OF AUTHORIZATION It is intended that in situations where police action is necessary or should otherwise be taken; each agency is authorized to respond and take appropriate police action within the jurisdiction of the other. It is agreed that police officers of the McCall City Police Department and the Cascade City Police Departinent be granted Iaw-ful authority to exercise the powers of police officers within the jurisdiction of the other. All POST — certified full-time paid employees of the McCall City Police Department are hereby appointed and deputized by the Cascade City Police Chief as Special Police inside the City of Cascade, with full jurisdiction within Cascade City limits. This appointment is pursuant to Idaho State Code 67-2337.2a. All POST — certified full-time paid employees of the Cascade City Police Department are hereby appointed and deputized by the McCall City Police Chief as Special Police inside the City of McCall, with full jurisdiction within McCall City limits. This appointment is pursuant to Idaho State Code 67-2337.2a. MEOMORANDUM OF UNDERSTANDING CITIES OF MCCALL AND CASCADE, IDAHO PAGE 1 OF 3 vd 1.6L17Z8E80Z ;uewpedeo aoHod epecseo d m: L0 80 06 Icf MEMORANDUIVI OF UNDERSTANDING II. STANDARD OF CONDUCT Each police officer shall maintain standards of professional conduct required by the officer's current department policies and procedures. It shall be the sole duty and responsibility of an officer's employing agency to determine if there has been a breach of professional standards. Each agency shall have the responsibility to notify its officers of restrictions of jurisdiction or peace officer status due to a breach of professional standards, or other action that would limit peace officer authority for the officer. Where an officer -involved shooting, deadly force incident, or critical incident (hereinafter " incident") occurs involving the Cascade City Police Department, the City of Cascade will permit the Critical Incident Task Force (made up of officers from all Ada County agencies) to assist with the criminal investigation. 1VIEDIA RELEASES As a general guideline, media information of all cases for which this MOU is controlling will be a shared task with the primary jurisdiction assuming a lead role. However, this guideline is not intended to limit either one of the agencies from describing or withholding information regarding their participating in the situation. Whenever possible, the participating agencies will consult with one another prior to all media releases on such cases. IV. LIABILITY Assumption of liability shall be prescribed by I.C. 67-2337(4), as well as any other state of federal laws consistent with I.C. 67-2337. The employing agency shall be responsible for, and assume an liability arising from, the acts of its employees participating in police action regardless of which jurisdiction is the point of occurrence. MEMORANDUM OF UNDERSTANDING CITIES OF MCCALL AND CASCADE, IDAHO Page 2 of 3 Z•d L6LtZ2C20Z tuewuedea acNod epeoseo d60:60 SO 06 Inf MEMORANDUM OF UNDERSTANDING V. AMENDMENT, DURATION, AND TERMINATION OF UNDERSTANDING This Memorandum of Understanding may be amended by agreement of both parties. This agreement shall remain in full force and effect until January 2, of 2012, or earlier if terminated upon thirty (30) days written notice by either party. Notice shall be by registered or certified mail, return receipt requested. The effective date of such notice shall be three (3) days after the date of posting with the United States Postal Service. Such notice shall be sent to the Chief of Police of each participating agency. ENTERED into this 7t1' day of July, 2008 by the cities of McCall and Cascade, Idaho. CITY OF MCCALL, IDAHO Gerald Summers Chief of Eebice iorable Mayor, Bert Kule McCall, Idaho CITY OF CASCADE, IDAHO Ryan S. Redmon Chief of Police Honorable Mayor, R.W. Carter Cascade, Idaho MEMORANDUM OF UNDERSTANDING CITIES OF MCCALL AND CASCADE, IDAHO Page 3 of 3 8•d L6L1738880Z lueu pedea eoliod epeosso dZO: i.0 8o 06 Inn