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HomeMy Public PortalAbout1991_04_09_R077The Town of Leesburg, IVirginia RESOLUTION NO. A RESOLUTION: PRESENTED 91- 7 7 ADOPTED AUTHORIZING THE EXECUTION OF THE ENFORCEMENT MUTUAL AID AGREEMENT April 9, 1991 April 9, 1991 NORTHERN VIRGINIA LAW WHEREAS, Northern Virginia law enforcement agencies are working together to update a mutual aid agreement between jurisdictions; and WHEREAS, a mutual aid agreement has been in effect for a number of years for the purpose of ensuring that all jurisdictions, regardless of size, have the capability of responding to emergencies and fully protecting the general welfare of their citizens; and WHEREAS, the agreement will also enhance enforcement mechanisms to control or prohibit the use or sale of controlled substances; and WHEREAS, the formal agreement establishes an effective procedure for providing mutual aid between jurisdictions: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor and Police Chief are hereby authorized to sign the Northern Virginia Law Enforcement Mutual Aid Agreement of May 1, 1991. PASSED this 9th day of April ,1991. Robert E. Sevila, Mayor Town of Leesburg ATTEST: NORTHERN VIRGINIA LAW ENFORCEMENT MUTUAL AID AGREEMENT OF MAY it 1991 By virtue of the authority conferred by Sections 15.1-131 and 15~1-131.3, Code of Virginia (1950) as amended, and Chapter 598 of the 1985 Acts of the Virginia General Assembly as amended, this mutual aid agreement, made and entered into this 1st day of May, 1991, by and among the local governments within Northern Virginia signatory hereto, is hereby adopted. WITNESS'. WHEREAS, certain local governments in Northern Virginia have determined that providing police aid across .jurisdictional boundaries in certain emergencies will increase the ability of the local governments to promote the public safety and protect the general welfare of the citizens; and WHEREAS, these same local governments agree that it is to their mutual benefit to cooperate in the enforcement of the laws designed to control or prohibit the use or sale of controlled drugs as defined in Section 54.1-3401 or the laws contained in Article 3 (Section 18.2-344 et. seq.) of Chapter 8 of Title 18.2, Code of Virginia (1950) as amended; NOW, THEREFORE, the parties hereto jointly resolve and agree: (1) That the Chief Executive officer of any signatory law enforcement agency or his then acting second in command, is authorized to determine the need for additional law enforcement assistance when an emergency or need as defined in Paragraph 2 herein, exists. (2.) That the need for such additional law enforcement assistance may be determined as a result of an emergency or need due, but not limited to, a fire, flood, epidemic, state of war, internal disorder, or any other public disaster which, in the judgement of the appropriate law enforcement official, is beyond the capacity of his agency to manage solely with its own resources; or the need for cooperation of law enforcement efforts regarding-. (a) the illegal use and sale of controlled drugs, or (b) sexual offenses and prostitution. NORTHERN VIRGINIA LAW ENFORCEMENT MUTUAL AID AGREEMENT OF MAY 1, 1991 (3) That if such a determination is made and, in the judgement of the official so determining that assistance is'required from any jurisdiction that is party to this agreement, such official shall communicate the finding to the Chief Executive officer or his then acting second in command of the law enforcement agency f~om which assistance is requested. Such request will include the following: (a) The name and title of the official making the request; (b) A summary of the circumstances initiating the action and a description of the assistance needed; and (c) The name, title, and location of the official to whom assisting personnel shall report. (4) That upon receipt of a request for assistance, the official receiving the request shall consider the circumstances in the requesting jurisdiction. He shall evaluate the disposition and availability of his own resources, and the capacity of his own agency to provide the requested assistance. The receiving official who concurs in the existence of a need for law enforcement assistance within the requesting jurisdiction shall provide such assistance as is. consistent with the circumstances within the requesting jurisdiction and the availability of his agency's own forces. (5) Nothing contained in this agreement shall compel any party hereto to respond to a request for law enforcement assistance when its own personnel are, in the opinion of the agency's Chief Executive Officer or his then acting second in command, needed or are being used within the boundaries of its own jurisdiction. No party actually providing assistance pursuant to this agreement shall be compelled to continue with such assistance if, in the opinion of the agency's Chief Executive Officer or his then acting second in command, its personnel and/or equipment are needed for other duties within its own jurisdictional boundaries. NORTHERN VIRGINIA LAW ENFORCEMENT MUTUAL AID AGREEMENT OF MAY lv 1991 (6) That during the period assistance is provided, personnel of the assisting agency shall operate in the requesting jurisdiction with the same powers, rights, benefits, privileges, and immunities as are enjoyed by the members of the requesting agency. Each law enforcement officer who enters the jurisdiction of the requesting agency pursuant to this agreement is authorized to exercise the full police powers of the requesting agency's law enforcement personnel. This specifically includes the authority of law enforcement officers to make arrests. For the purposes of this agreement, it is understood that the assisting party is considered to be rendering aid once it has entered the jurisdictional boundaries of the party receiving assistance. (7) That the principal law enforcement officer of any agency receiving assistance under this agreement shall be responsible for directing the activities of other officers, agents, or employees coming into his jurisdiction. (8) Subject to the'terms of this agreement, and without limiting in any way the Other circumstances or conditions in which mutual aid may be requested and provided under this agreement, the parties hereto agree to provide assistance to the. requesting jurisdiction in situations requiring the mass processing of arrestees and transportation of the same. The parties to this document further agree to assist the requesting jurisdiction with the security and operation of temporary detention facilities. (9) That services performed and expenditures made as a result of this agreement shall be deemed conclusively to be for public and governmental purpose. As such, all of the immunities from liability enjoyed by a signatory jurisdiction within its territorial limits shall be enjoyed by it to the same extent when it is providing assistance outside it~.boundaries pursuant to this agreement. (10) That the law enforcement' officers, agents, and employees of an assisting agency, when acting beyond its territorial limits, shall have all of the immunities from liability and exemptions from laws, ordinances and regulations and shall have all of the pension, relief, disability, workers' compensation and other benefits enjoyed by them while performing their respective duties within the territorial limits of their own jurisdiction. NORTHERN VIRGINIA LAW ENFORCEMENT MUTUAL AID AGREEMENT OF MAY 1, 1991 (11) That each party to this agreement shall: (a) Waive any and all claims against other parties to this agreement which may arise from their activities outside their respective jurisdictions when acting under this agreement; (b) Indemnify and save harmless the other parties rendering assistance under this agreement from all claims by third parties for property damage or personal injury which may arise out of the activities of the other parties outside their respective jurisdictions; and (c) Be solely responsible for indemnifying any and all parties rendering assistance to it. (12) The parties shall not be liable to each other regarding reimbursement for injuries to personnel or damage to equipment incurred when going to .or returning from another jurisdiction. The parties shall not be accountable to each other for the'salaries or expenses of their personnel, vehicles, and equipment used in association with, or arising out of, the rendering of assistance pursuant to this .agreement. (13) It is the intent and purpose of this mutual aid agreement that there be the fullest cooperation among the local law enforcement agencies in the Northern Virginia area to ensure the maintenance of good order and law enforcement during an emergency situation or other law enforcement matter which requires assistance beyond the capacity of a signatory jurisdiction. (14) This document, upon adoption, rescinds the Northern Virginia Law Enforcement Mutual Aid Agreement dated April 7, 1980. (15) If any part, section, sub-section, sentence, clause, or phrase of this agreement is, for any reason, declared invalid, such decision shall not affect the validity of the remaining portions of the agreement. NORTHERN VIRGINIA LAW ENFORCEMENT MUTUAL AID AGREEMENT OF MAY 1, 1991 (16) This agreement shall remain in effect 'until terminated by all the parties hereto upon written notice setting forth the date of such termination. Withdrawal from this agreement by one party hereto, shall be made by thirty (30) days written notice to all other parties, but shall not terminate the agreement among the remaining parties. This document shall remain with full force and effect notwithstanding the continued tenure of any of the representatives whose signatures appear hereon. (17) Throughout the duration of any response for assistance, the receiving agency shall provide for adequate radio communications with personnel of the assisting jurisdiction. This may be in the form of agency-owned radios, radio network interfacing, or use of multi- jurisdictional radio frequencies such as PMARS or SIRS. (18) Any jurisdiction which receives aid under this agreement shall provide for the release of assisting personnel as soon as is practicable. (19) A listing of resources available from parties signatory hereto is attached and made a part of this agreement. This list will be updated on an annual basis with the information disseminated to all participating jurisdictions. (20) Any revision to this agreement, except the annual updating of available resources, shall be proposed in writing. All participating jurisdictions will be provided with a copy of the proposal by the initiating agency. Within sixty (60) days of receipt, each jurisdiction will return its comments concerning agreement or disagreement with the revision to the initiating agency. Ail signatory jurisdictions must agree with any proposed change, and execute an appropriate revision, in order for it to be adopted. Any approved revision will be made a part of this agreement as an addendum. NORTHERN VIRGINIA LAW ENFORCEMENT MUTUAL AID AGREEMENT OF MAY lv 1991 (21) For the purposes of this agreement, the police of the Metropolitan Washington Airports Authority may be sent only to the Counties of Arlington, Fairfax, and Loudoun in response to requests for assistance. In addition, the Metropolitan Washington Airports Authority may summon only the law enforcement agencies of these same counties for the purpose of obtaining police assistance within its grounds and facilities. This provision shall not limit any other authority or agreements in which the Metropolitan Washington Airports Author'ity or the Counties of Arlington, Fairfax and Loudoun may now, or in the future, subscribe or take part. (22) For the purpose of providing law enforcement assistance under this agreement, the police of a state-supported institution of higher learning may be sent only to a county, city or town whose boundaries are contiguous' with the county or city in which such institution is located. IN WITNESS HEREOF, the pa~ties hereto have'executed this agreement. NORTHERN VIRGINIA L~W ENFORCEMENT MUTUAL AID AGREEMENT OF MAY 1, 1991 TOWN OF LEESBURG ROBERT SEVILA MAYOR CHIEF OF POLICE DATE NORTHERN VIRGINIA LAW ENFORCEMENT MUTUAL AID AGREEMENT o LIST OF RESOURCES AVAILABLE DUMFRIES POLICE lC X FAIRFAX CITY POLICE 6£ X X X B FAIRFAX CO. POLICE. 974 X X X X X X X FALLS CHURCH POLICE 3C X X X GEO. MASON UNIV. POLIC5 36 X X C HAYMARKET POLICE 2 HERNDON POLICE 35 X X X LEESBURG POLICE 33 X X X X LOUDOUN SHERIFF 167 X X X X MANASSAS POLICE 64 X X X X D MANASSAS PARK POLICE 14 X X A AIRPORTS AUTH. POLICE 15( X X X E MIDDLEBURG POLICE 4 X OCCOQUAN POLICE 2 X PRINCE WILLIAM POLICE 302 X X X X X A PURCELLVILLE POLICE 6 X QUANTICO POLICE 4 X VIENNA POLICE 39 X X *OTHER: A - Critical Incident Stress Debriefing Team B - Police Artist C - Victim/Witness Specialist D - Scuba Unit E - Boat Rescue Unit