HomeMy Public PortalAboutAgreement 2012-2016PALM 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 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 -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/or voluntarily render routine
law enforcement assistance to the other, 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,
inter -agency task forces and/or joint investigations, and coverage for overtime details.
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 a sworn law enforcement officer(s) be in another subscribed agency's
jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the
presence of said officer, he/she shall be empowered to exercise authority as a law
enforcement officer as if the officer was in his/her own jurisdiction. Should enforcement
action be taken, said officer shall notify the agency having normal jurisdiction and upon
the latter's arrival, turn the situation over to them and offer any assistance requested
including, but not limited to, a follow-up written report documenting the event and the
actions taken. This provision so prescribed in this paragraph is not intended to grant
general authority to conduct investigations, serve warrants and/or subpoenas or to
respond without request to emergencies already being addressed by the agency of
normal jurisdiction, but is intended to address critical, life-threatening or public safety
situations, prevent bodily injury to citizens, and/or secure apprehension of violent
criminals whom the law enforcement officer may encounter.
In any jurisdiction where the Sheriff of Palm Beach County has primary law enforcement
responsibilities, the following shall apply: When a sworn law enforcement officer of a
subscribing law enforcement agency has established probable cause to arrest an
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individual(s) as a result of an investigation regarding any Forcible Felony, as defined in
Section 776.08, Florida Statutes, or any act of Domestic Violence as defined in Section
741.28, Florida Statutes, that occurred within the jurisdiction of the arresting officer,
he/she is authorized to make this arrest in any jurisdiction where the Sheriff has primary
law enforcement responsibilities upon exigent circumstances and provided said offense
occurred within the previous twenty-four (24) hours. Prior to any officer making any
such arrest pursuant to this paragraph, the officer shall notify the Palm Beach County
Sheriffs Office Commanding Officer in charge of the district in which the action will be
taken. This paragraph does not include the authority to make non-consensual or
forcible entries into private dwellings, residences, living spaces or business spaces
which are not open to the public, i.e., authority derived pursuant to this paragraph may
be exercised only when in places open to the public or private places into which the
arresting officer has entered with the consent of an occupant entitled to give consent.
In all other jurisdictions within the Palm Beach County, the following shall apply: Sworn
law enforcement officers of subscribing law enforcement agencies are hereby
authorized to exercise the power to make arrests in any subscribing agency's
jurisdiction of persons identified as a result of investigations regarding any offense
constituting a felony or any act of Domestic Violence as defined in Section 741.28,
Florida Statutes, that occurred within the jurisdiction of the arresting officer. However,
this paragraph does not include authority to make non-consensual or forcible entries
into private dwellings, residences, living spaces or business spaces which are not open
to the public, i.e., authority derived pursuant to this paragraph may be exercised only
when in places open to the public or private places into which the arresting officer has
entered with the consent of an occupant entitled to give consent. Prior to any officer
taking enforcement action pursuant to this paragraph, the officer shall notify the
Commanding Officer in charge of the jurisdiction in which the action will be taken,
unless exigent circumstances prevent such prior notification, in which case notification
shall be made as soon after the action as practicable.
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.
HANDLING COMPLAINTS:
Whenever there is cause to believe that
cooperative effort as it may pertain to this
designee of the requesting agency shall be
complaint to ascertain at a minimum:
The identity of the complainant.
a complaint has arisen as a result of a
Agreement, the Agency Head or his/her
responsible for the documentation of said
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 its 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. 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 its
employees during the time such aid is rendered and shall defray the actual travel
and maintenance expenses of its 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.
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, 2017. On or about
September 30, 2016, a committee will be established by 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 be signed on
the date specified.
9
CITY OF GREENACRES:
Samuel J. Ferreri, Mayor
Wadie Atallah, City Manager
(date) Michael L. Porath, Director of Public Safety (date)
(date)
(date)
(date) Gar ett J. Ward, OKief of Police (date)
William Hher, Town Manager (date) 1�, Ta ylc,; �ivn Clir/r (date)
TOWN OF HIGHLAND BEACH:
Bernard Featherman, Mayor
Kathleen D. Weiser, Town Mgr
TOWN OF HYPOLUXO:
(date) Craig Hartmann, Chief of Police (date)
(date)
Kenneth M. Schultz, Mayor (date)
Barbara L. Searls, Town Clerk (date)
TOWN OF JUNO BEACH:
Mort Levine, Mayor (date)
Joseph F. LoBello, Town Manager (date)
(date)
Sean M. Scheller (date)
(date)
Brian J. Smith, Chief of Police (date)
0
(date)
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vke Mayor
MURIEL J. ANDERSON
W. GARRETT DERING
ROSERTW.GANGER
December 24, 2012
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Palm Beach County School District Police Dept.
Attn: Pat Haight
3330 Forest Hill Blvd., B127
West Palm Beach, Florida 33406-5869
Dear Ms. Haight:
Telephone
(561)276-5115
Fm
(561) 737-0166
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Please find enclosed our original signature page of the Mutual Aid
Agreement. I understand that a fully executed agreement will be
sent to us.
Very truly yours,
r?,
Rita L. Taylor
Town Clerk
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
12/24/2912 99:49 5612752528 GULF STREAM P D PAGE 01/01
rage 1 OI 1
Garrett Ward
From: Pat Haight [pO.heighte mbeachachools.orgl
Sant: Monday, November 12, 2012 3;32 PM
To: Robert Mangold; dcalexanderCci.boca.raton.fl.us; Immlerm6d.twynton-beach.fims;
stdanesCmydelraybeach.com; clown®fau,edu; mporathW.greenacres.fl.us; Garrett Ward;
chartrrannW.highland-beseh.fl.us; swheller@lantena.org; bamithMunoheachpd.00m; frankk(Rupiter.fl.us;
stewartj(gDjupfleriMett:oForuy.org; chlefamithlcsobellsouth.nat cmattox0manalapan.org; rjenidna@villages
npb•mg; cysnnuui nridgefloWs.com; kbloukmilDpalmbeachpolice.com; sherMpbso.org;
sstepp(opbgfl.00m; Steve Kntffin; tceccarelll@vpefl.org; Cwilliamsadvieraboh.com; chlefepbpd®aol.com;
panton9ociQsa15.st9te.fl.us; GPitooceil1QTequesta.org; vdemasi@wpb.org
Subject Mutual Aid Agreement
Good morning Chiefs/Sheriff,
On behalf of Chief IAM Leon, attached please find the Mutual Aid Agreement with updated
signature pages. The Agreement includes the PESO jurisdiction arrest information. Please
review the Agreement and let us know if there are any changes to be made.
Once approved by your governing bodies, if you would, please ask your secretary to forward the
original signature page to our office at the address listed below:
Palm Beach County School District Police Department
ATIN: Pat Haight
3330 Forest Hill Boulevard, B127
West Palm Beach, Florida 33406-5869
As in prior years, once we receive the original signature pages, we will submit a copy to the
FDLE Mutual Aid Program Coordinator in accordance with Section 23.1225(4), Florida
Statutes. Further, a final copy of the Mutual Aid Agreement including all agencies' executed
signature pages will be forwarded to you.
Thank you for your attention in this matter.
Pat
Pat Peach Haight
Chiefs Secretary
P73C School District Police
561 34-8435
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11/28/2012