Agenda Item 8BAGENDA ITEM # 813
JUNE 27, 2011
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Mutual Aid Agreement with Duval County School Police (DCSP)
DATE: June 16, 2011
SUBMITTED BY: Michael D. Classey - Chief of Police 0 Cs
BACKGROUND:
The Atlantic Beach Police Department has had Mutual Aid Agreements with other local
police agencies for many years. The purpose of the attached agreement is to establish the
authority and responsibilities of police officers who may be called upon to perform law
enforcement services while in another jurisdiction.
Many times incidents occur on school property, but to complete their investigation,
DCSP Officers must go to other areas in the city. This agreement will allow DCSP
Officers the authority to conduct follow up investigations within the City of Atlantic
Beach. It grants them the authority to render enforcement assistance when violations of
Florida Statute occur in the officer's presence. It also provides Atlantic Beach Police
Officers with the same law enforcement authority while working at any school in the
county.
BUDGET: None
RECOMMENDATIONS: To approve the attached Mutual Aid Agreement and
authorize the City Manager and Chief of Police to sign it.
ATTACHMENTS: Proposed Agreement
REVIEWED BY CITY MANAGER:
AG DA ITEM NUMBER:
AGENDA ITEM # 813
JUNE 27, 2011
VOLUNTARY COOPERATION
LAW ENFORCEMENT MUTUAL AID AGREEMENT
WITNESSETH
Whereas, the subscribing law enforcement agencies are so located in relation to each other that it
is to the advantage of each to receive and extend mutual aid in the form of law enforcement
services and resources to adequately respond to continuing, multi jurisdictional criminal activity,
so as to protect the public peace and safety, and preserve the lives and property of the citizens;
and,
Whereas, the Duval County School Police Department and the Atlantic Beach Police
Department have the authority under The Mutual Aid Act, Chapter 23, Part I, Florida Statutes, to
enter into a mutual aid agreement for law enforcement service which permits voluntary
cooperation and assistance of a routine law enforcement nature across jurisdictional lines.
Now, therefore, the parties agree as follows:
SECTION l: PROVISIONS FOR VOLUNTARY COOPERATION
Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement
whereby each of the agencies may request and render law enforcement assistance to the other in
dealing with any violations of Florida Statutes to include, but not necessarily be limited to,
investigating homicides, sex offenses, robberies, burglaries, thefts, gambling, motor vehicle
thefts, controlled substances violations, DUI violations, and civil traffic infractions. In addition;
by execution of this agreement, each of the agencies may request and render law enforcement
assistance with special events, sporting events, disasters (natural or man - made), inter - agency task
forces and/or joint investigations, and assistance with tactical operations.
SECTION ll: PROCEDURE FOR REQUESTING ASSISTANCE
In the event that a party to this agreement is in need of assistance as set forth above, an authorized
representative of the agency requesting assistance shall notify the agency head or his/her designee
from whom such assistance is requested. The agency head or authorized agency representative
whose assistance is sought shall evaluate the situation and the agency's available resources,
consult with his /her supervisors if necessary and will respond in a manner he /she deems
appropriate.
The agency head in whose jurisdictions assistance is being rendered may determine who is
authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized
and for what purpose such authority is granted. This authority may be granted either verbally or
in writing as the particular situation dictates.
Should a sworn law enforcement officer be in another subscribed agency's jurisdiction for
matters of a routine nature, such as traveling through the jurisdiction on routine business,
attending a meeting or going to or from work, or transporting a prisoner, and a violation of
Page 1 of 5
Duval County School Police Department and Atlantic Beach Police Department
AGENDA ITEM # 813
JUNE 27, 2011
Florida Statutes occurs in the presence of said party, representing his /her respective agency,
he /she shall be empowered to render enforcement assistance and act in accordance with law.
Should enforcement action be taken, said party shall notify the agency having normal jurisdiction
and upon the latter's arrival, turn the situation over to them and offer any assistance requested
including, but not limited to, a follow -up written report documenting the event and the actions
taken. This provision so prescribed in this paragraph is not intended to grant general authority to
conduct investigations, serve warrants and/or subpoenas or to respond without request to
emergencies already being addressed by the agency of normal jurisdiction, but is intended to
address critical, life- threatening or public safety situations, prevent bodily injury to citizens, or
secure apprehension of criminals whom the law enforcement officer may encounter.
Officers assigned to task force operations pursuant to this agreement who observe a
violation of Florida Statutes in their presence shall be empowered to render
enforcement assistance and take enforcement action in accordance with law.
No officer or appointee shall be empowered under this agreement to operate in the
other agency's jurisdiction without prior approval of the agency head having normal
jurisdiction. The agency head's decision in these matters shall be final.
SECTION III: COMMAND AND SUPERVISORY RESPONSIBILITY
The personnel and equipment that are assigned by the assisting agency head shall be under the
immediate command of a supervising officer designated by the assisting agency head. Such
supervising officer shall be under the direct supervision and command of the agency head or
his /her designee of the agency' requesting assistance.
CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering assistance
pursuant to this agreement, the officer, deputy sheriff or appointee shall abide by and be subject
to the rules and regulations, personnel policies, general orders and standard operating procedures
of his/her own employing agency. If any such rule, regulation, personnel policy, general order or
standard operating procedure is contradicted, contravened or otherwise in conflict with a direct
order of a superior officer of the requesting agency, then such rule, regulation, personnel policy,
general order or procedure shall control and shall supersede the direct order.
HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as
a result of a cooperative effort as it may pertain to this agreement, the agency head or his/her
designee of the requesting agency shall be responsible for the documentation of said complaint to
ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation.
4. The identity of the employees accused without regard as to agency affiliation.
Page 2 of 5
Duval County School Police Department and Atlantic Beach Police Department
AGENDA ITEM # 813
JUNE 27, 2011
If it is determined that the accused is an employee of the assisting agency, the above information,
with all pertinent documentation gathered during the receipt and processing of the complaint,
shall be forwarded without delay to the agency head or his /her designee of the assisting agency
for administrative review. The requesting agency may conduct a review of the complaint to
determine if any factual basis for the complaint exists and/or whether any of the employees of the
requesting agency violated nay of their agency's policies or procedures.
SECTION IV: LIABILITY
Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees
to assume responsibility for the acts, omissions, or conduct of such party's own employees while
engaged in rendering such aid pursuant to this agreement, subject to the provisions of Section
768.28, Florida Statutes, where applicable.
SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
A. Employees of the Duval County School Police Department and the Atlantic Beach Police
Department when actually engaging in mutual cooperation and assistance outside of their
jurisdictional limits but inside this state, under the terms of this agreement, shall, pursuant to
the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights,
privileges and immunities as if the employee was performing duties inside the employee's
political subdivision in which normally employed.
B. Each party agrees to furnish necessary personnel, equipment, resources and facilities and to
render services to each other party to the agreement as set forth above; provided, however,
that no party shall be required to deplete unreasonably its own personnel, equipment,
resources, facilities, and services in furnishing such aid.
C. A political subdivision that furnishes equipment pursuant to this agreement must bear the cost
of loss or damage to that equipment and must pay any expense incurred in the operation and
maintenance of that equipment.
D. The agency furnishing aid pursuant to this agreement shall compensate its
appointees /employees during the time such aid is rendered and shall defray the actual travel
and maintenance expenses of its employees while they are rendering such aid, including any
amounts paid or due for compensation due to personal injury or death while such employees
are engaged in rendering such aid.
However, the requesting agency may compensate the assisting agency during the
time of the rendering of such aid and may defray the actual travel and maintenance
expenses of such employees while they are rendering such aid, including any
amounts paid or due for compensation as a result of personal injury or death while
such employees are rendering aid pursuant to this agreement.
E. The privileges and immunities from liability, exemption from laws, ordinances and rules, and
all pension, insurance, relief, disability, workers' compensation, salary, death and other
benefits that apply to the activity of an employee of an agency when performing the
employee's duties within the territorial limits of the employee's agency apply to the
employee to the same degree, manner, and extent while engaged in the performance of the
Page 3 of 5
Duval County School Police Department and Atlantic Beach Police Department
AGENDA ITEM # 813
JUNE 27, 2011
employees duties extraterritorially under the provisions of this mutual aid agreement. The
provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary
employees.
F. Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse the
assisting agency for any actual costs or expenses incurred by the assisting agency performing
hereunder.
G. Nothing in this agreement is intended or is to be construed as any transfer or contracting away
of the powers or functions of one party hereto to the other.
SECTION VI: LIABILITY INSURANCE
Each party shall provide satisfactory proof of liability insurance by one or more of the means
specified in Section 768.28(15)(a), Florida Statutes, in an amount which is, in the judgment of the
governing body of that party, at least adequate to cover the risk to which that party may be
exposed. Should the insurance coverage, however provided, of any party be canceled or undergo
material change, that party shall notify all parties to this agreement of such change within ten (10)
days of receipt of notice or actual knowledge of such change.
SECTION VII: FORFEITURE PROVISIONS
A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or
other property pursuant to the Florida Contraband Forfeiture Act during the performance of
this agreement, the seizing agency in the case of voluntary cooperation shall be responsible
for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency
pursuing the forfeiture action shall have the exclusive right to control and the responsibility to
maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be
limited to, the complete discretion to bring the action or dismiss the action.
B. All proceeds from forfeited property seized as a result of or in accordance with this agreement
shall be divided equally between the parties, less the costs associated with the forfeiture
action.
SECTION VIII: EFFECTIVE DATE
This agreement shall take effect January 3, 2011 and shall continue in full force and effect until
January 5, 2015. Under no circumstances may, this agreement be renewed, amended, or
extended except in writing.
Page 4 of 5
Duval County School Police Department and Atlantic Beach Police Department
AGENDA ITEM # 813
d
JUNE 27, 2011
SECTION IX: CANCELLATION
Any party may cancel its participation in this agreement upon delivery of written notice to the
other party or parties. Cancellation will be at the direction of any subscribing party.
In witness whereof, the parties hereto cause these presents to be signed on the date specified.
W. E. Pratt - Dannals
Superintendent of Schools
Mhard L. Townsend \
Chief, Duval County School Police
Signature
Printed Name:
Title:
Agency:
Signature
Printed Name:
Title:
Agency:
I
Date
Date
Date
Date
Page 5 of 5
Duval County School Police Department and Atlantic Beach Police Department