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HomeMy WebLinkAboutOrdinance 10-13RECORD OF ORDINANCES Blank. Inc. Ordinance No. 30 -13 Passed 1 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT WITH VARIOUS JURISDICTIONS WORKING IN CONJUNCTION WITH FRANKLIN COUNTY WHEREAS, Revised Code Sections 311.29, 505.43, 505.431, 737.04, 1545.131, 3345.041, and 4582.31 allow municipal corporations, townships, township police districts, county sheriffs, park districts, port authorities, colleges and universities to enter into contracts for the purpose of obtaining police protection or additional police protection, or to allow its police officers to work in multi - jurisdictional drug, gang, or career criminal task forces, upon any terms that are agreed for services of police departments, the use of police equipment, or the interchange of services of police departments or police equipment within the territories of the various entities; and WHEREAS, it is the desire of these certain political subdivisions, colleges and universities in and around Franklin County to provide reciprocal police services across jurisdictional lines, consistent with the foregoing statutes, to enhance the capabilities of law enforcement for the protection of citizens and property throughout Franklin County; and WHEREAS, it is the desire of these certain political subdivisions, colleges and universities in and around Franklin County to provide and exchange the full array of police services with any or all other parties without limitation, but generally in accord with the stated guidelines; and WHEREAS, the immunity afforded the City under Ohio law would still be applicable in the event that the City provided equipment and /or services pursuant to a mutual aid agreement. NOW, THE�kLFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, �� of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the mutual aid agreement for law enforcement (attached as Exhibit 'W with certain political subdivisions, colleges, and universities in and around Franklin County and working in conjunction with Franklin County for the interchange of public safety- related equipment and /or services. Section 2 . This Ordinance shall take effect and be in force from and after the earliest date permitted by law. Passed this I /t� day o T2013 Mayor - PrL idi g Officer ATTEST: Clerk of Council Office of the City Manager Emerald Parkway * City of Dublin Pho 614-410-4400 Fax: 14 - 0 -4490 43017-1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager N Date: January 24, 2013 Initiated By: Heinz von Eckartsberg, Chief of Police Re: Ordinance 10 -13 - Franklin County Mutual Aid Agreement for Law Enforcement Background The Franklin County Prosecutor's Office has recently completed a full review and revision of the Mutual Aid Agreement for law enforcement agencies in Franklin County. As a result of this review the prosecutor's office has recommended the adoption of two separate mutual aid agreements between all political subdivisions and jurisdictions within Franklin County; an emergency aid agreement (Ordinance 09 -13) and a mutual aid agreement for law enforcement (Ordinance 10- 13). Mutual Aid Agreement for Law Enforcement In the past, the only mutual aid agreement between jurisdictions in Franklin County was an emergencymutual aid agreement. The provisions within the newly proposed mutual aid agreement for law enforcement that differ from those in the emergency mutual aid agreement are: Cooperative law enforcement by agencies across jurisdictional lines without request. This will allow for: Assistance for In- Progress Crimes This provision would allow on -duty law enforcement officers from one jurisdiction, who view or have probable cause to believe a criminal offense or serious traffic offense has occurred outside that officer's home jurisdiction to take law enforcement action within the jurisdiction of another cooperating agency. Investigations Outside an Officer's Home Jurisdiction This allows for on -duty officers to continue a criminal investigation that originates within their home jurisdiction into the jurisdiction of any other cooperating agency. Independent Police Action Any cooperating police agency may provide temporary police service to any other cooperating agency without request. Cooperative enforcement upon request: o This provision will allow cooperating agencies to provide general law enforcement services to another cooperating agency upon request for situations that are not emergencies. This will allow cooperative services between agencies for planned events or special events. Examples of cooperative activities are: • Dangerous criminal activity • Searches for fugitives or wanted persons • Traffic control assistance • General police services • Specialized law enforcement operations Memo re. Ordinance 10 -13 — Franklin Co. Mutual Aid Agreement for Law Enforcement January 24, 2013 Page 2 of 2 This newly conceived mutual aid agreement for law enforcement benefits the City of Dublin in the following ways: The new agreement will facilitate shared law enforcement services for participating agencies involved in regional cooperative investigations, strike forces, or other law enforcement activities by removing some of the legal constraints present if operating only under an emergency mutual aid agreement. The new agreement will facilitate sharing of law enforcement resources by participating agencies for large, scheduled events. The new agreement will remove current legal constraints for officers of cooperating agencies who witness in progress crimes occurring in other participating jurisdictions. The services under this agreement are unique in that they are done on a no fee basis and are subject to availability and recall at any time. Thus, under this agreement, the City would maintain control over its resources. Additionally, this agreement, by its own terms, is non - binding in the sense that it does not impose any liability on the political subdivisions for failure to act or respond in emergency situations. Finally, it should be noted that, in the event that the City were to provide equipment and /or services under this agreement to another political subdivision, the City would be afforded the same immunities under Ohio law that it would have if the equipment and /or services were being used in the City. Recommendation The Dublin Division of Police and the Law Department recommend adoption of Ordinance 10 -13 at the second reading /public hearing on February 11, 2013. FRANKLIN COUNTY, OHIO MUTUAL AID AGREEMENT FOR LAW ENFORCEMENT WHEREAS, Revised Code Sections 311.29, 505.43, 505.431, 737.04, 1545.131, 3345.041, and 4582.31 allow municipal corporations, townships, township police districts, county sheriffs, park districts, port authorities, colleges and universities to enter into contracts for the purpose of obtaining police protection or additional police protection, or to allow its police officers to work in multi jurisdictional drug, gang, or career criminal task forces, upon any terms that are agreed for services of police departments, the use of police equipment, or the interchange of services of police departments or police equipment within the territories of the various entities; and WHEREAS, the undersigned parties intend to provide reciprocal police services across jurisdictional Ines, consistent with the foregoing statutes, to enhance the capabilities of law enforcement for the protection of citizens and property throughout Franklin County; and WHEREAS, the undersigned parties (referred to herein, individually "Agency ", collectively "Agencies") intend to provide and exchange the full array of police services with any or all other parties without limitation, but generally in accord with the following guidelines; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: I. COOPERATIVE ENFORCEMENT WITHOUT REQUEST The Agencies recognize that criminal activities routinely occur across jurisdictional lines, and that cooperation between Agencies can increase the effectiveness of law enforcement throughout Franklin County. Any Agency or Agencies may proceed without request from a cooperating Agency generally according to the following guidelines: A. In- Progress Crime Assistance Without Request Page I of 8 1. Whenever an on -duty law enforcement officer from one jurisdiction views or otherwise has probable cause to believe a criminal offense has occurred outside the officer's home jurisdiction but within the jurisdiction of a cooperating Agency, the officer may make arrests according to law and take any measures necessary to preserve the crime scene. Control of any arrested persons, evidence and the crime scene shall be relinquished to the first available officer from the jurisdiction within which the crime took place. The arresting officer may immediately transport or relocate any arrested persons or evidence if the officer determines that remaining at the crime scene could endanger the officer or others, or threaten the preservation of evidence. 2. Whenever an on -duty law enforcement officer from one jurisdiction views or otherwise has probable cause to believe that a serious traffic offense has occurred within the jurisdiction of another cooperating Agency, the law enforcement officer may stop, arrest or cite the suspected violator according to law. Under this Agreement, a serious traffic offense is one which jeopardizes public safety and/or constitutes a misdemeanor of the fourth degree or a higher offense. The traffic violator shall be turned over to the first available officer from the cooperating Agency for completion of all necessary processing. The initiating officer shall provide any further assistance to the extent necessary for subsequent court proceedings. B. Investigations Outside Original Jurisdiction On -duty officers from one Agency may, without request or prior notice, continue to conduct investigations that originate within their home jurisdiction into the jurisdiction of any cooperating Agency. If enforcement action is anticipated, the location and nature of the investigation shall be reported to the appropriate cooperating Agency as soon as practicable. Subsequent arrests, search warrant service or similar police actions shall be coordinated between affected Agencies. C. Independent Police Action Page 2 of 8 The police department of any cooperating Agency may provide temporary police protection service to any cooperating Agency without request. H. COOPERATIVE ENFORCEMENT UPON REQUEST The Agencies recognize that special public safety incidents occasionally occur that require the services of additional law enforcement personnel. Such additional services may be provided by or to any cooperating Agency generally according to the following guidelines: A. Dangerous Criminal Activity Whenever one Agency reports criminal activity, and that Agency is unable to provide the immediate response necessary to prevent death, serious physical harm or substantial property loss as a result of a said criminal activity, the Agency may request police services of any nature from any other Agency. B. Searches for Fugitive or Wanted Person When one Agency is conducting a search for a fugitive person whose presence is reasonably believed to be within the Agency jurisdiction, and immediate police assistance is reasonably necessary to apprehend or prevent the escape of the fugitive or to protect the safety of persons and property from imminent danger related to said fugitive, the Agency may request police services from any other Agency. C. Traffic Control Assistance 1. Whenever a traffic accident involving suspected injuries, a driver under the influence (OVI) or other serious traffic violation is reported to the jurisdiction in which the accident occurred, and the Agency is unable to provide the immediate response necessary to render aid to the injured, prevent further injury, prevent serious property loss, or arrest a suspected OVI violation, the Agency may request assistance from any other Agency. The cooperative effort may include necessary first Page 3 of 8 aid, traffic control, accident scene protection, property protection, and detention of any suspected OVI or serious traffic violators as soon as possible. 2. Hazardous Traffic Conditions Assistance a. 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, assistance from another cooperating Agency may be provided upon request of the affected jurisdiction. b. Where an incident occurs on or near a roadway creating the imminent danger of a traffic accident, assistance from a cooperating Agency may be provided upon request of the affected jurisdiction. D. General Police Service Any incident may form the basis for the request of police services from one or more cooperating Agencies when police assistance is reasonably necessary to protect the safety of persons and property. 2. Police services, including but not limited to routine patrol services, may be requested and supplied by cooperating Agencies for limited -time special events or for extended time periods based on need. Such services may include the facilitation of personnel by their employing Agency for the provision of police protection to a requesting Agency for voluntary, special event details performed while such personnel are not on duty for the employing Agency ( "Off -Duty Details "). No Agency is required to facilitate or otherwise provide volunteer personnel for Off -Duty Details. Moreover, any Agency may prohibit its personnel from engaging in such Off -Duty Details to the extent allowed by law. E. Specialized Law Enforcement Operations Page 4 of 8 In addition to the law enforcement services described above, parties to this Agreement may request Specialized Law Enforcement Operations, defined as a Special Weapons and Tactics Team ( "SWAT "), underwater search and recovery operations, or any other operation involving a task force, multi jurisdictional team, or substantially similar operation of a specialized or unique nature. III. GENERAL TERMS AND PROCEDURES A. A request for police services may be made by the commander of the law enforcement Agency, or his designee. The designee must be of supervisory rank or the senior shift officer when no supervisor is present. B. A cooperating Agency may provide police services only to the extent that the personnel and equipment are not required for the adequate protection of that Agency's jurisdiction. The commander of the law enforcement Agency, or his designee, shall have the sole authority to determine the amount of personnel and equipment, if any, available for assistance. C. Whenever employees of one cooperating Agency provide police services in or to another cooperating Agency pursuant to the authority set forth in this Agreement, other legislative authority or state law, such employees shall have the same powers, duties, rights and immunities as if taking action within the territory of their employing Agency. Revised Code Chapter 2744 shall apply to the extent specified in Revised Code Sections 505.43, 505.431, 737.04, 1545.131, 3345.041, and 4582.31 or as otherwise provided by law. Moreover, participation in any indemnity fund established by the employer, and all rights under Revised Code Chapter 4123, shall apply to the extent set forth in Revised Code Sections 311.29, 505.43, 505.431, 737.04, 1545.131, 3345.041, and 4582.31 or as otherwise provided by law. D. Whenever employees of one cooperating Agency provide police services to another cooperating Agency, they shall be under the Iawful direction and authority of the commanding law Page 5 of 8 enforcement officer of the Agency to which they are rendering assistance. Officers shall be subject to the code of ethics, policies, and rules and regulations of their employing Agency at all times. E. Police services may be initiated by any on -duty officer who has probable cause to believe a crime is in progress. Such police services may also be initiated by on -duty officer who becomes aware of a traffic accident, the need for traffic control, a suspected OVI, a serious traffic violator or other circumstance requiring law enforcement intervention in another cooperating Agency jurisdiction. The officer must contact his immediate supervisor to enable that supervisor to authorize and direct actions taken by the employee. F. An on -duty officer initiating police services shall notify a law enforcement officer from the affected cooperating Agency as soon as possible. As appropriate, the assisted cooperating Agency shall relieve the officer as soon as possible. G. All wage and disability payments, pension, worker's compensation claims, medical expenses or other employment benefits for employees performing pursuant to this Agreement shall be the responsibility of the employing Agency to the same extent as if the employee were providing service for the employing agency, unless the requesting Agency is reimbursed for such costs from another source. Additionally, except as specifically provided in this Agreement, each Agency shall be responsible for the negligence or wrongdoing of its employees to the extent provided by law. Except as specifically provided herein, nothing in this Agreement shall impose any greater duty or obligation on an employing agency than provided by law, including as to Off -Duty Details. H. Each cooperating Agency shall be responsible for any costs arising from the loss of or damage to the Agency`s equipment or property while providing police assistance services within any other cooperating Agency. IV. ADDITIONAL PROVISIONS Page 6 of 8 A. The terms of this Agreement shall be in continuous effect for each participating Agency from the date the authorized signature for such Agency is affixed hereto. Any Agency may revoke its future contractual obligations hereunder only upon sixty (60) days written notice to each of the other participating Agencies by certified mail or other means of delivery for which a receipt is available. B. This Agreement is intended solely to set forth certain arrangements for the provision of mutual aid where practicable. Therefore, the parties do not intend for any third party to rely on the provisions of this Agreement, and specifically disclaim intent to create any third party beneficiary with rights under the Agreement. Moreover, there shall be no liability whatsoever upon any Agency arising out of this Agreement, whether to other Agencies, third parties, or otherwise, for the Agency's failure to fully or partially respond to a call for assistance, whether due to the Agency's equipment and/or employees being otherwise engaged, exigent circumstances, or for any other reason. C. The Franklin County Prosecuting Attorney shall serve as the depository for this Agreement unless otherwise agreed by the parties in writing or by custom and practice. D. Parties may be added or deleted from this Agreement, and other terms may be modified, by written addendum without restating the entire Agreement. E. This Agreement may be executed in counterparts. To evidence [county, city, village, township, park district, port authority, college or university]'s agreement to this Agreement, its representatives have signed it and delivered a copy of the Agreement to the Franklin County Prosecuting Attorney. [county, city, village, township, park district, port authority, college or university] Page 7 of 8 (Mayor, Trustee, Safety Director, Executive) (Clerk or Attested) Filed with the Franklin County Prosecuting Attorney on [date]. Page 8 of 8