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