99-25
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. RESOLUTIONS
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RESOLUTION NO. 99-25
A RESOLUTfON OF THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA, AUTHORIZING THE
EXECUTION OF THE uPINELLAS COUNTY INTERLOCAL
MUTUAL AID ASSISTANCE FOR POLICE SERVJCES";
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of CJearwater pursuant to Section 23.1225( 1 )(a),
Florida Statutes. is desirous of entering Into an agreement that allows voluntary
cooperation and assistance of a routine law enforcement nature across
jurisdictionaJ Jines by and among participating law enforcement agencies within
Pinellas County; and
WHEREAS, the City of Clearwater has deemed it to be in the best Interest
of its citizens to enter into the "PineUas County Interlocal Mutual Aid Assistance
for Police Servicest1; and
WHEREAS. Section 23.1225(3)(b), Florida Statutes. states that the mayor
or chief executive officer of a municipality may enter into a Mutual Aid Agreement
on behalf of a law enforcement agency if authorized by the governing body of the
municipality; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORiDA:
Section 1. The City Commission hereby authorizes the Major on behalf
of the Clearwater Police Department to execute the "Plnellas County Interlacal
Mutual Aid Assistance for Police Services." a copy of which is attached hereto,
between the City of Clearwater and the other participating law enforcement
agencies within Pinellas County.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this .!2.L day of April , 1999.
17 "J _-/7 q
Approved as to form: ~ ~
Brian J. Aungs
Mayor-Commissioner
Robert . Surette
Assistant City Attorney
Attest:
t ~t~[ /i-.r)~
Cy t ia E. Goudeau
City' lerk
ResolutIon 99-25
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PINElLAS COUNTY INTERLOCAL MUTUAL AID
ASSISTANCE FOR POLICE SERVICES
THIS AGREEMENT Is made and entered Into by and between the
undersigned municipalities In Plnellas County, Florida, and Everett S. Rice, as
Sheriff of PlneHas County, Florida.
WITNESSETH:
WHEREAS, Part I, Chapter 23 of the Florida Statutes, the uFlorlda Mutual
Aid Act''. authorizes law enforcement agencies to enter Into agreements for
voluntary cooperaUon and assistance of a routine Jaw enforcement nature across
Jurisdictional lines by and between such agencies; to such unlawful activities;
and
WHEREAS, the undersigned municipalitIes and sheriff recognIze that an
Increasing number of criminals are operating across JurisdicUonalllnes and that
there Is a need for a continuing multHurisdIctional response to such unlawful
activities; and
WHEREAS, the undersIgned municipalities and sheriff desire to secure the
benefits of such mutual aid for thefr respecUve JurisdlcUons; and
, ...--/
WHEREAS, the undersigned municipalities and sheriff determine that It is
In the best Interest of the health, safety and welfare of the cltlzens of the
undersigned munlclpalltfes and of the cItizens of Pine lias County to enter into a
Voluntary Cooperation Agreementi
NOW, THEREFORE, in consideration of the mutual covenants expressed
herein and for other good .and valuable consideration, receipt of which Is hereby
acknowledged, the parties hereto agree as follows:
I. Routine Law Enforcement Matters
Any party to this agreement may request the voluntary assistance
and cooperation of any other party to this agreement relating to any
routine law enforcement matter involVing more than one jurisdiction.
II.
In-Progress Crime Assistance
Whenever a law enforcement officer from one jurisdiction views a
felony or a misdemeanor involving a breach of peace occurring in
the cooperating jurisdiction, the law enforcement officer ,may
physlcafJy arrest the perpetrator and preserve the crIme scene.
Control of both the persons apprehended and the crime scene will be
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relinquIshed to the first available officer from the jurIsdiction In
which tho IncIdent occurs. Whenever remainIng at the scene
exposes either the officer or the subject to ImmInent physical
danger, the subject and any physical evidence may be transported or
otherwIse relocated In accordance with normal procedure.
Voluntary Investiaatlon
On-duty officers from one Jurisdiction may conduct Investigations
Into crimInal actlvity that occurs In their jurisdiction and make
arrests related to those Investigations In any of the undersigned
Jurisdictions. If enforcement action Is anticIpated, the location and
nature of the Investigation will be told to the agency's on-duty
communication liaison person.
Traffic Control Assistance
A. Whenever a traffic accident involving suspected Injuries of a
serious nature Is reported to the jurisdiction In which the
accIdent occurred and that law enforcement agency Is unable to
provide the Immediate response necessary to render aid to the
Injured or prevent further Injury, the cooperating agency may be
contacted for assistance. The cooperation effort shall be
restricted to necessary first aid and traffic direction.
B. Hazardous Traffic Conditions Assistance
1. In a situation where automated traffic control devices
located within the jurIsdictional boundaries of one agency
have malfunctioned and a traffic accIdent is imminent unless
control Is establIshed Immediately, cooperation may be
provided.
2. Where an Incident occurs on a traffic-way or so near thereto
that the potential for traffic accidents appears imminent,
cooperation may be provided.
C. The cooperative efforts for traffic accidents and/or hazardous
traffic conditions outHned above shall be restricted to the
necessary and standard traffic control and direction activities
and shall not Include traffic enforcement. Control of the Incident
shall be Immediately relinquished to the first avaJJable officer
from the agency havIng jurisdictional responsibility.
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V. Boatlnn Violations
Officers of cooperating agencies may enforce all state boating laws
. and county boating ordinances on the waterways of another
cooperating agency; provided that such violations occur on
waterways contiguous to and In vIew of the Jurisdiction of the
officer's employing agency. In the case of a felony or a
misdemeanor Involving breach of peace, control of the person(s)
apprehended and the crime scene will be relinquIshed to the first
available officer from the Jurisdiction In which the Incident occurs.
Cases involving only a minor violation may be concluded at the
scene by the issue of a Boating Citation or Notice to Appear.
VI. Terms and Procedures
A. A participating agency will answer a request for voluntary
cooperation only to the extent that the available personnel and
equipment are not required for adequate protection of that
agency. The commander of the agency, or his designee, shall
have the sole authority to determine the amount of personnel
and equipment, If any, available for cooperative assistance.
B. A request for voluntary cooperation shall be made by the
commander of the agency or his designee.
c. Voluntary cooperation can also be Initiated by an on-duty officer
who views an in-progress crime, traffic accident, or need for
traffic control In the other cooperating agency. The supervising
authority of that employee shall be notified Immediately to
enable that supervisor to authorize and direct actions taken by
the employee.
D. An officer taking voluntary action should notify the
communIcation liaison person In the assisted agency as soon as
possible. The assisted agency shall relieve the assisting
officer(s) as soon as possible.
E. Whenever the employees of any law enforcement agency are
rendering aid outside Its Jurisdiction and pursuant to the
authority contaIned In, or to any written agreement entered
under thIs part, such employees shall have the same powers,
duties, rights, privileges, and ImmuniUes as If they were
performing their duties in the political subdivision In which they
are normally employed.
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F. Law enforcement officers or employees responding to a
voluntary cooperation request shall be under the direction and
authority of the commandIng officers of the agency to which
they are called.
G. All wage and dIsability payments, pensions, Workers'
Compensation claims, and medical expenses shall be paid by
the employing agency, unless the requested agency is
reimbursed by other authorities. persons or political entities.
H. Each agency shall be responsible for bearing its own costs
associated with any loss or damage incurred to such
jurisdiction's property, equipment, or resources as a result of
the use of such property during a voluntary cooperation
situation.
~..._"
I. Each party to this agreement shall bear the costs and liability for
its own law enforcement officers. agents and/or employees
arising from acts undertaken pursuant to this agreement unless
such act was ordered by the officer directing the voluntary
cooperation situation and each agrees, to the extent permUted
by law, to Indemnify and hold the other harmless of and from
any claims, lawsuits and/or causes of actton arising out of the
acts. omissions and conduct of its own officers, agents and/or
employees. In the event that an act or acts undertaken pursuant
to this agreement is ordered by the officer directing the
voluntary cooperation situation. any costs and liability that
might arise shall be the responsibility of the agency employing
said officer. However. nothing contained herein shall be
construed to waive or modify the provisions of F.S. 768.28 as to
any party hereto.
J. This agreement shall be binding upon the parties from the date
of execution by a party hereto and shalt continue in full force
and effect until terminated as provided herein below.
o
K. This agreement shall be binding upon the parties from the date
of execution and shall continue in full force and effect until
January 1. 2005. However, any party hereto may withdraw or
cancel such party's participation pursuant to this agreement
without liability to any other parties hereto by providing written
notice of such withdrawal no less than ten (10) days prior
thereto. However, the withdrawal from or cancellation of this
agreement shall be effective only as to that party and this
agreement sh_all remain in full force and effect as to those
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remaining parties hereto who have provided no written notice or
cancellation or withdrawal.
L.
Each agency that Is a party to thfs agreement agrees to adopt
the policy attached hereto and Incorporated herein by reference,
provided, however, that nothing herein shall prevent an agency
adminIstrator from adopting an Internal policy which Is more
restrictive than this model policy as regards to his or her own
. personnel.
IN WITNESS WHEREOF, the parties hereto cause theIr signatures to be '
affixed:
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REMAINING PAGE BLANK
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MODEL POLICY
#
DATE OF ISSUE: EFFECTIVE DATE:
SUBJECT: MUTUAL AID AGnEEMENT FOR VOLUNTARY
COOPERATION
INDEX AS: MUTUAL AID
JURISDICTION
VOLUNTARY 'COOPERATION
REPLACES: Replaces Model Policy Dated July 3, 1990
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I. POLICY:
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Recognizing that an increasing number of criminals are operat-
ing in more than one jurisdiction and that no single law en-
forcement agency can hope to command sufficient resources to
handle all possible emergencies or investigations, the law
enforcement agencies of Pinellas County have continued a long
history of cooperation ,by forming a comprehensive agreement
for mutual aid and the exercise of police authority across
jurisdictional boundaries. -
It is important that all members of this department appreciate
the spirit of cooperation which Is the intent of this mutual
aid agreement and strive at all times to embody that spirit in
any action taken' under this agreement.
"
II. DEFINITIONS:
Cooperatinq Aqency: ^ law enforcement agency which is a
party to the IIPinellas County Interlocal Mutual Aid
Assistance Agreement for Pollee Servicesll.
Exercisinq Police Authority: Is the arrest or detention
of a person, the use or threatened use of lawful force,
the conducting of a search, the taking or seizing of any
property, the issue of a command under color of authori-
ty, or other exercise of authority specifically granted
to a law enforcement officer.
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In-Proqress Crime Assistance: When an officer initiates
the exercise of police authority after viewing a felony
or a misdemeanor involving a breach of peace occurring
within the jurisdiction of another cooperating agency.
Officer: ^ sworn law enforcement officer with powers of
arrest granted by a cooperating agency.
'11" ~b
,-... Voluntary Investiqat!ons When an officer investigating'
criminal activity which occurred within the jurisdiction
of his/her employing agency, 'follows that investigation
into the jurisdiction of another cooperating agency.
III. EXTENSION OF JURISDICTION AND LIMITATION OF AUTHORITY.
,
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An officer of a cooperating agency may exercise police
aut~ority within the jurisdiction of any other cooperat-
ing agency as specified herein.
A. On-duty exercise of police authority within the
jurisdiction of another cooperating agency is limit-
ed to the following situations:
(1) Response to a mutual aid request ~rom a cooper-
ating agency.
(2) In-Progress Crime Assistance undertaken in
response to an on-view felony or misdemeanor
involving a breach of the peace occurring
within the jurisdiction of another cooperating
agency.
(3) J\ny action necessary to conduct a Voluntary
Investigation of criminal activity origlnating_
within the jurisdiction of h1.s/her employing
agency, including the probable cause arrest
for a crime. .
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(4) While assigned to marine patrol duties, offi-
cers may enforce all state boating law]3 and
county boating ordinances on waterways which
are both contiguous to and in view of the
jurisdiction of their employing agency.
B. Off-duty. exercise of police authority within the
jurisdiction of another cooperat~ng agency is limit-
ed to In-Progress 'Crime nssistance undertaken in
response to an on~view felony or misdemeanor involv-
ing a breach of the peace occurring within the
_ jurisdiction of another cooperating agency.
c. Officers shall not exercise any police authority
within the jurisdiction of another cooperating
. agency in the following circumstances:
(1) Local ordinance vIolatIons or minor traffic
violations, unless acting in response to a
specific request for mutual aid assistance.
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(2) Any violation arising from a case in which the_
officer has a personal interest, such as a
civil or, domestic dispute, or a crime where
the officer may be a vlctlm. (This excluslon
does not include cases where the officer is a
victim arising from his/her employment, such
as Battery Of ^ Law Enforcement Officer.)
(3) When in doubt, officers are encouraged to
limit their actions to summoning the agency
having normal jurisdiction and offering their
services as a witness.
IV. PROCEDURE
Officers shall adhere to the following procedures when
exercising police .authority within the jurisdiction of
another cooperating agency:
A. Notification
'0
(1) Whenever practical, any officer exercising
police authority within the jurisdiction of
another cooperating agency shall make prior
notification to that agency and his/her own
agency. Prior notification'is not required b~
officers who expect only to make routine inqui-
ries without reasonable anticipation of taking
further action.
(2) Whenever prior notification Is not practical,
such notification shall be made as soon as it
becomes practical.
o
(3)" The normal point of contact for such notifica-
tions is the Communications Center of the
agencies in question. The 0 f fleer making the
notification should obtain the name of the
person receiving the notification and include
it in his/her report.
'. (4) In addition to notification made to the normal
point of contact, officers are urged to coordi-
nate their efforts with special units or offi-
cers assigned to similar duties within other
agencies. The intent of this additional noti-
fication is to avoid problems which may result
when the operations of the' different agencies
may conflict because each is unaware of the
other's intentions.
(3)
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B.
Limitations of ^ction
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. (1) Unless acting in rdsponsa 'to a specific re..
quest for mutual aid assistance, an officer
shall limit follow~up investigations to crimi-
nal activity which originated within the juris-
diction of his/her employing agency.
(2) Exercise of police authority In cases of In-
Progress Crime Assistance shall be limited to
those actions necessary to stabilize the situa-
tion pending the arrival of officers from the
agency in whose jurisdiction the incident
occurred. Normally, such actions are those
which are reasonably necessary to aid victims,
prevent harm to persons and property, prevent
the escape of a viola tor, or prevent the de-
struction or loss of evidence of a crime..
Additional actions may then be taken Mith the
agreement of the officers from the agency in
~hose jurisdiction the incident occurred.
(3) Unless it is impractical or they are otherwise
directed, the of ficer (5) taking action shall
remain at the location where the action oc-
curred until the arrival of the officer(s)-
from the agency having jurisdiction. .
(4) Officers assigned to marine patrol duties may
conclude cases involving only minor boating
violations by issuing a Notice to Appear or a
Boating Citation at the scene of the violation.
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c. nfter Exercising Police Authority Within The Juris-
diction of Another Cooperating Agency
(1)
As soon as practical, the details of any ac-
tion taken shall be reported to the appropri-
ate agency administrator or his/her designee
in writing via the chain of command.
1\s soon as practical after the conclusion of
any such action, all pertinent information
shall be exchanged by the cooperating agencies
In question. This will normally include any
police reports, affidavits or statements made
In connection with the action.
(3) If any of the material to be exchariged is of a
confidential nature, the exchange shall be
made via the agency admInistrator or his/her
designee.
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PUBLIC STATEMENTS
,
'Prior .to making any press release or statement to the media 1n
;. connection wIth any mutual aid request or other action covered
by this agreement, prior notice shall be made to the' agency
head or ,Jllghest ranking officer available at any other cooper-
.ating'agency'involved.
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In acknowledgment and execution of the PJNELLAS COUNTY
INTERLOCAL MUTUAL AID ASSISTANCE AGREEMENT FOR POLICE
SERVICES, pages one through five Inclusive, as authorized by Resolution No.
99-25, we hereby set our hand and seal.
ATTEST:
CITY OF CLEARWATER
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CITY CLERK
APPROVED AS TO FORM
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By
Mayor
By
Law Enforcement Agency Head
STATE OF FLORIDA
COUNTY OF PINELLAS
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BEFORE ME, this _ day of __ I 1999, an officer duly
authorized by Jaw to administer oaths and take acknowledgments, personally
appeared the above officials of the City of Clearwater, a municipal corporation of
FlorIda, who are known by me or who produced as
Identiflcatlon, and who acknowledged they executed the foregoIng Agreement as
the proper officials of the City of Clearwater, and the same Is the act and deed of
that City.
Signature
Notary Publlcrrltle
Type, Stamp, Print Name
Commission No.
My commission expires: .
PINELLAS COUNTY INTERLOCAL MUTUAL
AID ASSISTANCE FOR POLICE SERVICES.. 1/99
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In acknowledgment and execution of the PINELLAS COUNTY
INTERLOCAL MUTUAL AID ASSISTANCE AGREEMENT FOR POLICE
SERVICES, pages one through five Inclusive, as authorized by Resolution No.
99-25, we hereby set our hand and seal.
ATTEST:
CITY OF CLEARWATER
By
Mayor
CITY CLERK
APPROVED AS TO FORM
l;
Assista City Attorney
By
Law Enforcement Agency Head
STATE OF FLORIDA
. COUNTY OF PINELLAS
BEFORE ME, thIs _ day of . 1999, an officer duly
authorized by law to administer oaths and take acknowledgments, personally
appeared the above officials of the City of Clearwater, a municipal corporation of
Florida, who are known by me or who produced as
Identification, and who acknowledged they executed the foregoing Agreement as
the proper officials of the City of Clearwater, and the same is the act and deed of
that City.
i.
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Signature
Notary PubllclTltle
Type, Stamp, Print Name
Commission No.
My commission expires:
PINELLAS COUNTY INTERLOCAL MUTUAL
AID ASSISTANCE FOR POLICE SERVICES -1/99
99~~~