HomeMy Public PortalAbout2005-09-01 SWAT Agmt - City of La PalmaNorth County SWAT
Brea, Fullerton, La Habra, La Palma & Placentia Police
Departments
JOINT POWERS AGREEMENT
Originals on file with the City of La Habra and City of Fullerton
AGREEMENT BETWEEN THE CITIES OF LA HABRA,
BREA, FULLERTON, PLACENTIA AND LA PALMA FOR
JOINT POLICE SERVICES
This contract is dated for identification this ~ day of September, 2005, and is made by and
between the CITY OF LA HABRA, a General Law City and municipal corporation which has as its
address 201 E. La Habra Blvd., La Habra, California, 90631, and the CITY OF BREA, a General
Law City, which has as its address 1 Civic Center Circle, Brea, California 92821, and the CITY OF
FULLERTON, a General Law City which has as its address 303 West Commonwealth Avenue,
Fullerton, California 92832 and the CITY OF PLACENTIA, a Charter City, which has as its address
401 East Chapman Avenue, PLACENTIA, California 92870, and the CITY OF LA PALMA, a
general law city which has as its address 7822 Walker Street, La Palma, CA 90623 (hereinafter "LA
HABRA", "BREA", "FULLERTON", "PLACENTIA" and "LA PALMA").
RECITALS
A) BREA, FULLERTON, LA HABRA, PLACENTIA and LA PALMA share not only
a common boundary and proximity but also overlapping demands for Police
responses, often tohigh-risk/critical incidents which require the specialized attention
of a team trained specifically to be effective in highly volatile situations.
B) The Police Departments of BREA, FULLERTON, LA HABRA, PLACENTIA and
LA PALMA have long recognized that mutual aid and cooperation in response to
critical incidents can be enhanced and made more flexible and effective by
combining forces for Special Weapons And Tactics Teams (SWAT), Tactical
Emergency Medical Services ITEMS), Crisis Negotiators (CNT) and Tactical
Dispatchers.
C) Pursuant to a contract between the City of BREA and the City of Yorba Linda, the
City of Brea, through the Brea Police Department, provides police services to the
City of Yorba Linda.
D) The Police Chiefs of BREA, FULLERTON, LA HABRA, PLACENTIA and LA
PALMA have long recognized that to successfully resolve a tactical situation, a chief
law enforcement administrator must have the proper tactical options at his or her
disposal. A properly trained team capable of tactical and mediative options is the
ideal. Even when the threat potential is low, continuous support for this type of team
is important in order to maintain a high state of readiness.
E) The Chiefs of Police from BREA, LA HABRA, FULLERTON, PLACENTIA and
LA PALMA police departments recognize that a well managed, highly trained and
highly skilled tactical response team handling a critical incident reduces the risk of
injury or loss of life to our constituents, police officers and suspects.
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F) Each police agency has expressed a desire to respond more swiftly to critical
incidents; with enhanced local control, a more consistent response, and with a
combined larger group of officers than any one of the agencies could provide alone.
G) The purpose of this document is to formalize the proposed concept of a multi-
jurisdictional special weapons and tactics team comprised of members of the BREA,
LA HABRA, FULLERTON, PLACENTIA and LA PALMA Police Departments.
The proposed name of this team is North County S WAT Team.
H) The City Councils of BREA, FULLERTON, LA HABRA, PLACENTIA and LA
PALMA now desire to formally establish and confirm the framework for this
cooperative effort as well as to clarify the legal relationships resultant from that
ongoing cooperative arrangement.
NOW, THEREFORE, in consideration of the recitals and mutual promises contained herein, it is
agreed as follows.
1. The North County SWAT Team
It is hereby formally established that the police departments and personnel
of BREA, LA HABRA FULLERTON, PLACENTIA and LA PALMA
have formed a special tactical unit, known as the North County SWAT
Team (hereinafter referred to as "North County SWAT").
2. Introduction
To successfully resolve a tactical situation an administrator must have the
proper tactical options at his or her disposal. The best tactical option available
is a properly trained and equipped tactical unit. For best results,
administrators must provide continuous support even when the threat
potential is low.
3. Purpose/Mission Statement
It is the intent of the signatories to secure through the mechanisms hereby
created:
a. Amore efficient utilization of police services and resources;
b. An enhanced degree of cooperation between law enforcement
agencies within the participating communities;
c. Amore timely and effective response to calls for specialized police
assistance;
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d. Adequate manpower levels of highly trained law enforcement
officers to resolve crisis and high-risk situations.
e. Enhance the degree of response to demands for special weapons
and tactics teams to handle high-risk situations; and
f. Provide the fullest level of immunity from liability attainable for
officers responding to calls outside mutual aid/compact agreement.
4. Duration
This agreement will take effect between and among those signatories that are
party to it upon execution by their respective governing bodies; and will
remain in full force and effect for each and every signatory until the
governing body of any one or more signatory(ies) notifies the governing
body(ies) of each and every other signatory of their withdrawal in writing. It
is specifically understood and agreed by and among the signatories that the
withdrawal of any one or more parties does not work a nullification of this
agreement, nor otherwise require its redrafting or re-execution.
5. Personnel and Supervision
The North County SWAT shall consist of a SWAT team and a Crisis
Negotiations Team ("CNT"). The Regional Team configuration may be
comprised of as many sub-teams or reserve teams as needed for a particular
incident.
The Police Chief from each participating agency shall serve on a governing
board which shall be responsible for the overall policies of the team. The
governing board shall be known as the North County SWAT Team
("SWAT") Advisory Council and shall include:
a. La Habra Police Chief
b. Placentia Police Chief
c. Brea Police Chief
d. Fullerton Police Chief
e. La Palma Police Chief
The North County SWAT Advisory Council shall meet on a quarterly basis
for the purpose of reviewing the activities of the North County S WAT. The
advisory council will evaluate and adjust the goals of the unit if the need
suggests such changes. The North County SWAT Advisory Council is the
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final authority for developing, coordinating, disseminating and implementing
North County S WAT policy.
Each member of the North County SWAT Advisory Council shall have an
equal vote. The North County SWAT Advisory members shall attend
meetings and vote on North County SWAT business. Three (3) advisory
members shall constitute a quorum. A majority vote (3 votes) shall be
required to pass action items. Representative votes or attendance shall be
limited to emergency situations.
The Police Chief of the City of BREA shall be designated the chairman of the
North County SWAT Advisory Council for the first full one year period of
time following the full execution of this agreement. Upon the expiration of
the one-year time period, the duties of chairman shall be rotated to the LA
HABRA Police Chief who shall perform the duties of chairman for the next
one year time period. Upon the expiration of that term the duties of chairman
of the Advisory Council shall rotate to the PLACENTIA Police Chief. Upon
the expiration of that term the duties of chairman of the advisory council shall
rotate to the FULLERTON Police Chief. Upon expiration of that term the
duties of chairman of the advisory council shall rotate to the LA PALMA
Police Chief. The terms shall continue to rotate among the Police Chiefs in
the same consecutive fashion year to year.
Minutes of meetings shall be made on all votes and other actions taken. The
North County SWAT Commander shall deliver a report to the Advisory
council at the regularly scheduled meetings detailing the activities of the
North County SWAT since the last meeting of the Advisory Council.
BREA, FULLERTON, LA HABRA, PLACENTIA and LA PALMA will
each assign and maintain officers and supervisors for the North County
SWAT sufficient to provide appropriate joint coverage for critical incidents
in any city which may require a response by the North County S WAT or its
components.
The Police Chiefs from BREA, FULLERTON, LA HABRA, PLACENTIA
and LA PALMA shall establish minimum qualifications for North County
SWAT members, including physical agility and tactical firearms
qualifications, and shall establish an appropriate selection process for North
County SWAT members.
While participating in any high-risk/critical incidents or any training
exercises, any Police Officer, civilian employee, Community Services Officer
or volunteer shall be subject to the exclusive chain of command of the North
County SWAT, as described in Section 9 herein.
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Any Internal Affairs investigation requested by any supervisor will be
referred to and performed by the agency employing the respective officer
involved in the conduct to be reviewed. If an internal investigation involves
the activities of officers or employees from more than one single agency, the
agencies will determine whether to pursue a joint or a separate investigation.
In the event of an investigation of a North County SWAT officer involved
shooting such an investigation will be handled in accordance with the general
guidelines contained in the Orange County County-Wide Officer Involved
Fatal Incident Protocol. Any administrative action resulting from such
investigations shall be a matter left up to the discretion of the employing
agency.
Each participating agency will be responsible for all personnel costs and
obligations associated with the staff it assigns to the program, including, but
not limited to base salary, overtime salary and fringe benefits, uniforms,
ammunition, firearms, Workers' Compensation and retirement benefits.
6. Amendments
Amendments and/or modifications to this agreement can be proposed at any
time by a participating agency. These suggestions should be submitted to the
Advisory Council which is authorized to designate one of its members to
meet and confer with the participating jurisdiction's city council prior to the
implementation of changes in the agreement's provisions. No amendment
shall be effective unless the amendment is in writing and signed by each of
the parties.
7. Activation
The agreement is strictly voluntary in nature and places no jurisdiction
participating in it under any obligation to respond to a request for tactical unit
services that it is unable or unwilling to honor. All participating jurisdictions
should make every accommodation possible to allow team members the
opportunity to assist with a request for services.
8. Policies and Procedures
Each officer assigned to the program will follow the general orders on the use
of deadly force, use of lethal force, operation of police vehicles and any other
general operating procedures adopted by the employing jurisdiction.
The Police Chiefs of BREA, FULLERTON, LA HABRA, PLACENTIA and
LA PALMA shall establish procedures for the operation of the North County
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SWAT conforming to the California standardized Emergency Management
System requirements, including, but not limited to, executive oversight of the
North County SWAT, chain of command and control over the critical
incident responses, and procedures for activation of the North County S WAT
in response to critical incidents. The city where a critical incident is located
shall assume the role of supervising agency for requesting activation of the
North County SWAT. The incident commander for that supervising agency
shall be assigned at the command officer/watch commander level and shall
direct the nature and scope of response by the appropriate elements of the
North County SWAT. The incident commander shall coordinate the North
County SWAT response with the North County SWAT Commander. The
North County S WAT Commander is in command of physical operation of the
response itself in terms of the movement and actions of team members
necessary to achieve the goal of the operation as set forth by the incident
commander.
Under direction of the North County SWAT Advisory Council and in
accordance with the polices of the council, the North County SWAT
Commander will direct the day-to-day activities of the North County S WAT,
including: supervising personnel; assigning and directing investigations;
scheduling duty hours and overtime; reviewing and approving reports;
maintaining liaison with the law enforcement administrators and staff of
participating and other agencies; conducting in-service training and assigning
personnel to training courses and coordinating training offered to personnel
of participating agencies.
9. Command
The incident commander for the requesting agency will completely brief the
North County SWAT commander or his or her designee upon their arrival at
the scene of all known details/circumstances associated with the incident.
Once the situation has been explained and the mission assigned, the
execution of that assignment will be determined by the North County S WAT
commander or his or her designee. When an operational plan is developed the
incident commander for the requesting agency will be completely briefed,
when possible, by the North County SWAT commander prior to the actual
execution of it.
The incident commander for the requesting agency should keep in mind that
the operational plan proposed is based on education, training and experience
of the North County SWAT personnel who have the best understanding of
their exact capabilities.
10. North County SWAT Activation
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For deployment to an unplanned event/critical incident or a preplanned event
(High risk arrest/search warrant) each agency will follow their own
established internal policy/protocol governing mobilization of the North
County SWAT.
A representative of the requesting agency shall notify the assisting agency as
soon as possible with specifics on the nature of the call out, personnel and
other resources needed, and the location to which the assisting agency is to
respond.
Requests for assistance may be honored under this agreement when received
in any of following ways:
a. Chief Law Enforcement Officer or designee of requesting
jurisdiction to North County SWAT Commander.
b. Multi jurisdictional narcotics enforcement unit director to North
County SWAT commander.
c. Outside jurisdiction police chief, director, and special agent-in-
charge to Advisory Board Chairman. Example: ATF Special
Agent-In-Charge to Advisory Board Chairman. North County
SWAT commander notified by Chairman if request is granted.
11. Scope of response
The scope of the response will be determined by the specific circumstances
surrounding the request. Every effort will be made to respond as soon as
possible with all due care and caution. Among the types of critical incidents
to which the North County SWAT will respond are:
a. High-risk warrant service response will include the North County
SWAT commander, team supervisor, team leader(s) and team
members sufficient to safely execute the search warrant.
b. Protective details -executive/witness/show/money/evidence.
c. High-risk surveillance -fixed or mobile.
d. Undercover officer back up on high-risk operations.
e. Barricaded suspect operations.
f. Suicide-by-cop situations.
g. Barricaded suspect with hostages operations.
h. Anti-sniper operations.
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i. High-risk search/warrant raids and arrests.
j . High-risk kidnap/extortion operations.
k. Emergency rescue (injured officer, citizen, etc.).
1. Mobile operations.
m. High-risk vehicle stops.
n. Crowd control.
o. Mass arrest.
p. Any other critical incident as determined appropriate by the North
County SWAT commander where the ordinary patrol and
departmental resources of the handling agency have been
exhausted and the incident is beyond the control of the agency.
12. Civil Liabilities
BREA, FULLERTON, LA HABRA, PLACENTIA and LA PALMA have the
following understanding with regard to liability of the activities of the North
County S WAT. BREA, FULLERTON, LA HABRA, PLACENTIA and LA
PALMA hereby agree to be responsible for the acts and omissions of each of
its own officers and officials involved in any North County S WAT operation.
In furtherance thereof, each party ("indemnifying party") agrees to indemnify,
defend and hold harmless the other parties, including their officers, agents
and employees with respect to any and all demands, claims or liabilities of
any nature, including death or injury to any person, property damage or loss
caused to the extent caused by the negligence or willful misconduct of any
officer or official of the indemnifying party in the performance of activities
of the North County SWAT. In other words each party to this Agreement
agrees in advance to be responsible for the conduct of its own officers
assigned to the North County SWAT and to indemnify any and all other
parties to this Agreement which maybe sued by a third party due to an event
or transaction engaged in by any of the officers or officials of such party.
13. Implementation Guidelines
The Police Chief of each city shall jointly promulgate written guidelines for
the implementation ofthis Agreement. Said guidelines shall be in writing and
approved by the City Attorney of each signatory agency as to form. Such
guidelines may be changed as necessary by similar agreement.
14. Termination of Agreement
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This Agreement may be terminated by any party to it at any time, without
cause, upon giving the other parties written notice thereof.
IN WITNESS WHEREOF, this Agreement is executed by LA HABRA, BREA, FULLERTON,
PLACENTIA and LA PALMA.
APPROVED AS TO CONTENT: CITY OF LA HABRA,
A California General Law City and
municipal corporation
B ~ ;,
Y ~' -
By:
Police Chief Mayor
La Habra P Department City of La Habra
PRO AS, TO FORM: ATTEST:
By. B~ ,p~ n
City A orne City Clerk
La Hab Police epartment City of La Habra
APPROVED AS TO CONTENT: CITY OF BREA,
A California General Law City and
municipal corporation
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By. i
~
By.
o ice i Mayor
Brea P"ol' e Department City of Brea
APPRO ED AS TO FORM: ATTEST:
Y~ ~ - ~~~
By: ~ r
-City Attor e Ci Clerk
Ci of Brea Ci of Brea
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APPROVED AS TO CONTENT: CITY OF FULLERTON,
A California General Law City and
municipal corporation
By: By.
P ice Chief Mayor
Fullerton Police Department City of Fullerton
APPROVED AS TO FORM: CITY OF FULLERTON,
A California General Law City and
municipa orporation
B
Y~ ~
By:
City ttorney City Clerk
City o ullerton City of Fullerton
APPROVED AS TO CONTENT: CITY OF P ACENTIA
A California harter City and
municipal c ration
By:
Police hief Mayor
PLACENTIA Police Department City of PLAC NTIA
APPROVED AS TO FORM: CITY OF PLAC NTIA
A California Ch er City and
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: m ' cipa o a '
y By;
City Attorney City Clerk
City of PLAC NTIA City of PLACENTIA
APPR VED AS TO CONTENT: CITY OF LA PALMA
A California General Law City and
BY~ ~
Police Chief municipal orporation
LA PALMA Police Department By;
Mayor
City of LA PALMA
APPROVED AS TO FORM: CITY OF LA PALMA.
A California General Law City and
municipal corporat~enl
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By:
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By: ~~ ~'' ~ c?'L.
Ci ttorney City Jerk, Deputy
Ci of LA PALMA City of LA PALMA
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