Agenda Item 8AAGENDA ITEM # 8A
OCTOBER 8, 2012
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Mutual Aid Agreement with Fernandina Beach, Neptune Beach,
Jacksonville Beach, Green Cove Springs, St. Augustine, and St.
Augustine Beach
DATE: September 28, 2012
SUBMITTED BY: Michael D. Classey, Chief of Police
BACKGROUND:
The Atlantic Beach Police Department has had a Mutual Aid Agreement 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 other local jurisdictions. Fernandina Beach, Neptune
Beach, Jacksonville Beach, Green Cove Springs, St. Augustine, St. Augustine Beach, and
Atlantic Beach often work together on investigations that take them into one another's
jurisdictions. By sharing their resources, they can reduce the expenses and enhance the
effectiveness of the investigations.
This agreement provides the authority for Atlantic Beach officers to pursue investigations
and to enforce traffic, misdemeanor, and felony laws in the cities that are party to this
agreement. It also provides personnel from those agencies with the same authority while
working in Atlantic Beach.
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:
AGENDA ITEM # 8A
OCTOBER 8, 2012
COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, THE UNDERSIGNED 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:
(1) CONTINUING, MULTI - JURISDICTIONAL CRIMINAL ACTIVITY, SO AS TO PROTECT
THE PUBLIC PEACE AND SAFETY, AND PRESERVE THE LIVES AND PROPERTY
OF THE CITIZENS; AND,
(2) INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL, OR
MANMADE DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34,
FLORIDA STATUTES; AND,
WHEREAS, THE UNDERSIGNED LAW ENFORCEMENT AGENCIES HAVE THE AUTHORITY UNDER
SECTION 23.12, FLORIDA STATUTES, et. seq., THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A
COMBINED MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT SERVICE WHICH:
(1) PERMITS VOLUNTARY COOPERATION AND ASSISTANCE OF A ROUTINE LAW
ENFORCEMENT NATURE ACROSS JURISDICTIONAL LINES; AND,
(2) PROVIDES FOR RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT
EMERGENCY.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION
EACH OF THE UNDERSIGNED 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 WITH BACKUP SERVICES
DURING PATROL ACTIVITIES, SCHOOL RESOURCE OFFICERS ON OFFICIAL DUTY OUT OF
THEIR JURISDICTION, SCHOOL SAFETY OFFICERS ENFORCING LAWS WITHIN 1000 FEET OF A
SCHOOL, AND INTER - AGENCY TASK FORCES AND /OR JOINT INVESTIGATIONS.
SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE
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 TO INCLUDE, BUT NOT NECESSARILY BE LIMITED
TO, DEALING WITH CIVIL DISTURBANCES, LAW ENFORCEMENT EMERGENCIES, LARGE
PROTEST DEMONSTRATIONS, AIRCRAFT DISASTERS, FIRES, HURRICANES, TORNADOES OR
OTHER WEATHER- RELATED CRISES, SPORTING EVENTS, CONCERTS, PARADES, ESCAPES
FROM DETENTION FACILITIES, AND INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED
UNITS.
AGENDA ITEM # 8A
OCTOBER 8, 2012
SECTION III: 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 JURISDICTION 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.
THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL.
SECTION IV: 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 REGARDS AS TO
AGENCY AFFILIATION.
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 ANY OF THEIR AGENCY'S POLICIES
OR PROCEDURES.
AGENDA ITEM # 8A
OCTOBER 8, 2012
SECTION V: 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 VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a. EMPLOYEES OF THE UNDERSIGNED AGENCIES, 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 MUTUAL AID.
G. 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 AND 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.
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
EMPLOYEE'S 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.
AGENDA ITEM # 8A
OCTOBER 8, 2012
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
AGENCY REQUESTING ASSISTANCE IN THE CASE OF REQUESTED OPERATIONAL ASSISTANCE
AND 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 UNDER EXECUTION AND APPROVAL BY THE
HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL
SEPTEMBER 30, 2017. UNDER NO CIRCUMSTANCES MAY THIS AGREEMENT BE RENEWED,
AMENDED, OR EXTENDED EXCEPT IN WRITING.
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 THE PRESENTS TO BE SIGNED ON THE
DATE SPECIFIED.
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Date
George D :Forbes
City Manager
City of Jacksonville Beach
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Date
Jim Hanson
City Manager
City of Atlantic Beach
Date
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City Manager
City of Nep ne Beach
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Date
Danielle J. Judd
City Manager
City of Green Cove Springs
Date
John P. Regan
City Manager
City of St. Augustine
Date
Max Royle
City Manager
City of St. Augustine Beach
Date
IN', I" -
James T. Hurley
Chief of Police
Fernandin Beac Police Department
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15ate
ruce Thomason
Chief of Police
Jacksonville Beach Police Department
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Michael Classey
Chief of Police
Atlantic Beach Police Department
Date
David Sembach
Chief of Police
Neptune Beach Police Department
9-/ 17
Date
Robert A. Musco
Chief of Police
Green Cove Springs Police Department
Date
Loran Lueders
Chief of Police
St. Augustine Police Department
Date
Rafael Correa
Acting Chief of Police
St. Augustine Beach Police Department
Date
AGENDA ITEM #t 8A
OCTOBER 8, 2012