Loading...
APPOINTMENT OF MUNICIPAL POLICE OFFICERS AS SPECIAL DEPUTY SHERIFFS SHERIFF PINELLAS COUNTY, FLORIDA # l1-G ('I., lU,J~ J- r-tlt, Pinellas County Sheriffs Office Post Office Drawer 2500 Largo, Florida 34649-2500 Telephone (813) 587-6200 IEVERETT s. RIC~ July 31, 1989 M. A. Galbraith, Jr. City Attorney City of Clearwater P. O. Box 4748 Clearwater, FL 34618-4748 RE: Deputy Cards Agreement Dear Mr. Galbraith: Enclosed please find a certified copy of the Agreement between the Pine1las County Sheriff's Office and the City of Clearwater regarding the appointment of municipal police offi- cers as special deputy sheriffs with or without the attendant powers of arrest. Please be advised that it is not the policy of this Office to execute duplicate originals of any document. Therefore, we are unable to comply with your request but trust that the enclosed will be satisfactory for your purposes. Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, It; K~~11WaL(, General Counsel JHKjvrnt Attachment RECEIVED AUG 0 3 1989 CITY ATTORNEY , . I '1 AGREEMENT THIS AGREEMENT, Made this d. (, d. day of ~ 1989, by and b~tween EVERETT S. RICE, C. Pinellas Florida, hereinafter referred Sher~ff of County, to as "SHERIFF" and CITY OF CLEARWATER, hereinafter referred to as CITY, in consideration of the mutual covenants and promises contained herein, do hereby agree as follows: WHEREAS, The SHERIFF may, pursuant to Section 30.09, Florida Statutes, appoint municipal police officers as special deputy sheriffs with or without the attendant powers of arrest, and WHEREAS, the SHERIFF may, from time to time, deem that such appointments are necessary for the protection 6f the health, welfare and safety of the citizenry and property of Pinellas County, Florida, and WHEREAS, the CITY has requested the appointment of certain municipal police officers as special deputy sheriffs; THEREFORE, the CITY and the SHERIFF agree to said ap- pointment upon the following terms and conditions: 1. The SHERIFF shall appoint certain municipal police officers of the CITY as special deputy sheriffs, with the power of arrest and without the power of arrest to accept bends. 2. Each municipal pclice officer shall give bond as pro','ided by Section 30.09 (1) (a) or (b) and shall subscribe to the oath no~ prescribed fer sheriffs. No such cP.puty sheriff shall be allowed to perform ar.y services as such deputy until the completion of the aforesaid oath and the approval of his bond. ~} !' \p>J () ) ,...// ' " ,,/, l ,". ...tj,J'.' r /' ' \", f /"/ - / -::>~/ Ul- .__j,,~ ,~ \ ,/ 1(; I " "/ " ~ ~G ~ ~ I '1 3. The CITY shall maintain during the course of this Agreement adequate liability insurance coverage to cover any and all municipal police officers who are appointed as special deputy sheriffs. Said insurance shall be in an amount of not less than the liability limit described in Florida Statutes 768.28, including, but not limited to, coverage for false arrest, false imprisonment, civil rights violation, bodily inj'ury, and/or property damage. The CITY shall provide to the SHERIFF proof of such insurance. 4. The CITY further agrees to provide to those municipal police officers appointed as special deputy sheriff, where applicable, unemployment compensation, workers' compensation, general and law enforcement liability, life, health, maJor medical and any other insurance coverage in a like amount as that extended to its other municipal police officers. 5. The CITY agrees that the authority given by these special deputy appointments is limited to those situations where CITY law enforcement officers investigating criminal conduct within the CITY are required to travel outside the CITY to complete their investigations and time does not allow for them to contact the Sheriff's Office for the assistance of regular deputy sheriffs. The authority given by these special deputy appointments includes the power of arrest. 6. The CITY agrees that the authority given by these special deputy appointments will not be used to initiate law enforcement investigations of criminal conduct outside the CITY, except in those cases where the CITY officers are a~signed to special joint investigations with regular deputy sheriffs. 7. The SHERIFF and the CITY agree that any appointment made pursuant to this Agreement shall automatically and immediately termtnate upon the dismissal, suspension, transfer -2- 1. .. I ., of police duties or termination by the CITY of any municipal police officer appointed as special deputy sheriff. Likewise, any appointments made pursuant to this Agreement shall auto- matically terminate immediately upon the retirement of any municipal police officer from service with the CITY. 8. The CITY agrees that it shall orally notify the SHERIFF, or in his absence, the CHIEF DEPUTY, immediately upon the termination, dismissal, retirement, suspension, transfer of police duties or placement upon administrative leave of any municipal police officer of the CITY appointed as a special deputy sheriff. The CITY shall, upon the termination, dis- missal, retirement, suspension, or placement on administrative leave of such municipal police officer be responsible for immediately obtaining from such officer any card, badge or other indicia of authority issued to any such municipal police officer by the SHERIFF. Such card, badge or other indicia of authority shall be returned to the SHERIFF, along with written notice of the termination, dismissal, retirement, suspension or placement upon administrative leave of the municipal police officer, within,twenty-four (24) hours of such action taking place. 9. The CITY agrees that it will hold the SHERIFF Harm- less and indemnify the SHERIFF of and from any and all claims, actions, and/or lawsuits whatsoever in nature, which may arise due to the alleged act or omissions of sai~ municipal police officers following appointment pursuant to Section 30.09, Florida Statutes, and from the delay or failure of the CITY to promptly obtain from the municipal police officer all badges, cards and other indicia of authority as provided above in Paragraph 5, said indemnification shall include all damages, costs, and attorney's fees. -3- .. J t ,. ~ , I 'I 10. The CITY agrees that the SHERIFF may terminate the special deputy status of any municipal police .officer so appointed at any time, without notice, and in his sole discre- tion. 11. This Agreement represents the full and c~mplete understanding of the parties and may not be modified or amended except by a document in writing, signed by both parties hereto. ATTEST: L-;Jd. .--/-/--- ) , '~~ . f1ttU!j // (a((~7L E~~::/ of Pinellas County, Florida tff~' >A, ~~-~, )-LlJ>-c~ Cy hia E. Goudeau Cit Clerk BY: R ATTEST: BY: ~ -::ct 61/~ RON H. RABUN, City Manager ( SEAL) APPROVED AS TO FORM: M. A. Galbraith City Attorney BY: ---St.1/(4 SID KLEIN, Chief of Police STATE OF FLORIDA ) COUNTY OF PINELLAS) ss. l.)~~ f1'-- TA~~ NOTARY PUBLIC \::. My commission expires: Notary Public, State of fIoridt Mv Commission Expires No,. 4. 1989 b. ,'. 103(" T~.,., Tr~y Fain Insulllllce inc. ~' , -4-