135-99 Ordinance RECORD OF ORDINANCES
Form No 30043
D on Legal Blank Co
Ordinance No.....135-99 Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT FOR MUTUAL AID WITH DELAWARE COUNTY AND
CERTAIN OTHER POLITICAL SUBDIVISIONS THEREIN, AND
DECLARING AN EMERGENCY.
WHEREAS, it is the desire of the City of Dublin, Delaware County and certain political subdivisions
therein to provide efficient police services for their citizens; and
WHEREAS, it is the desire of these political subdivisions to provide for mutual assistance by means
of the interchange and use of their respective police department personnel and equipment; and
WHEREAS, these political subdivisions have the power under Ohio Revised Code Sections 311.29,
505.43, 511.235, 737.04, 1545.131 and 3345.041 to enter into an agreement for the purpose of
providing police services in other political subdivisions .
N W, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio,
of the elected members concurring that:
Section 1. The City Manager is hereby authorized to enter into an agreement for mutual aid
with Delaware County and certain other political subdivisions, a copy of which is attached hereto as
Exhibit "A".
Section 2. This Ordinance is declared to be necessary for the immediate preservation of the
public peace, health, safety or welfare, and for the further reason that the existing mutual aid
agreement has been superseded by an amended agreement executed by the other political
subdivisions within Delaware County. Therefore, this ordinance shall take effect upon passage.
Passed this t~ day of ~ e -P !r~ YJ ~ , 1999.
Mayor Presiding Officer
ATTEST:
Clerk of Council
herzby certify that copies of this Ordinance/$ese}y#ea were posted in the
C;ty of Dubiin in accordance with Section 731.25 of the (t~;io Revised lode.
/~S-t- flat of 0 ttii, Dubi Ohio
EXHIBIT "A"
MUTUAL AID AGREEMENT ,
WHEREAS, the political subdivisions which are.-parties to
this agreement are desirous of obtaining additional police
protection for the citizens of the several political
subdivisions by making the most efficient use possible of the
police manpower of the several political subdivisions.
.~a.<<
NOW, THEREFORE, BE IT AGREED among the parties hereto as
follows:
(1) All Mutual Aid agreements previously entered into
for mutual Delaware County police services are
amended and superseded by the following agreement.
(2) In the event of an emergency and upon the request
of another police department by the highest ranking
officer of that department on duty at the time of
the emergency, each political subdivision which is
a party to this agreement will furnish police
manpower and equipment if the highest ranking
ter;: ,
officer on duty of the police department receiving
the reQUest for aid is of the opinion that suc
police manpower and equipment is available. If the
responding agency agrees to provide mutual aid, the
personnel of the responding agency shall report to,
and shall work under, the direction. and supervision
of the senior officer of the requesting agency on
` duty at the time that the mutual aid request is
made. However,"this provision shall not be
construed to limit the authority of the Delaware.
n
County Sheriff.' I Such police manpower and equipment
may be recalled at the sole discretion of the
highest ranking officer on duty of the department
furnishing such police manpower and equipment. As
" used herein, the~term "emergency" shall mean an
actual or~potential condition that poses an
immediate threat to life or property, and exceeds
the capability of a local agency to counteract
successfully. Notwithstanding the above, if mutual
aid is provided, it will only be provided pursuant
to the particular policy of the responding
department.
(3) Notwithstanding the provisions of Paragraph (2)
above, any police officer of a politica'_
subdivision which is a party to this agreement who
sees a felony being committed within the territory
of another political subdivision which is a party
to this agreement, or who sees a police officer of
°,~..v another political subdivision which is a party to
this agreement who is in distress, shall have the
authority to apprehend or attempt to apprehend the
person or persons committing said felony and shall
have the authority to go to the assistance of such
other police officer in distress, as long as he
shall use sound discretion and reasonable
judgement.
(4) In situations where mutual aid is utilized, radio
communications should be established, if possible,
through the use of either LEERN radio; or any other
form of radio communications that may be mutually
• available to the cooperating agencies.
(5) In the event of a mass arrest (the arrest of a
number of individuals which exceeds the normal
capacity of she requesting agency to process) an
agency providing mutual aid under this agreement
shall assist in the preliminary processing of
arrestees, said assistance consisting of:
a. Identification of arrestees,
b. Control of property obtained from arrestees,
c. Completion of arrest forms.
Agencies providing mutual aid in cases of mass
arrest shall also assist in transporting prisoners
and shall assist the Delaware County Sheriff's
Off ice in detaining and securing prisoners if a
temporary detention facility is utilized.
(6) The execution of this agreement shall not give rise
to any liability or responsibility for failure to
respond to any request for assistance made pursuant
to this agreement against a political subdivision
failing to respond and in favor of the political
subdivision requesting assistance. This agreement
- shall not be construed as or deemed to be an
agreement for the benefit of any third party or
parties, and no third party or parties shall have
any right of action whatsoever hereunder for any
cause whatsoever.
(7) No charge shall be made to any contracting
political subdivision entering into this agreement
for services rendered by any other contracting
political subdivision under the provisions of this
agreement.
(8) There shall be no reimbursement for loss or damage
to equipment while engaged in activity in
accordance with this agreement, nor shall there be
any reimbursement for any indemnity award or
premium contribution assessed against the employing
political subdivision for wor!unens' compensation
benefits arising by reason of injury or death to a
member of the police department of said political
subdivision while engaged in rendering services
under this agreement.
(9) This agreement shall become effective August 10,
Any party to this agreement may withdraw at
i thirty (30) days written notice
11
~ the Chief of Police or other officer
each of the other political
'which are a party hereto, and the
uclaware County Prosecutor. Thereafter such
withdrawing party shall no longer be a party to
this agreement, but this agreement shall continue
to exist-among and between the remain~.ng parties.
(10) This agreement may be executed in any number of
' counterparts, all of which together shall be
considered a single instrument. It shall not be
necessary for any counterpart to be signed by more
than one party. P_11 ccunterparts shall be filed
with the office of the County Prosecutor of
Delaware County, Ohio, which shall be the official
depository for this agreement. The County
Prosecutor of Delaware County, Ohio shall cause an
annual review of this agreement to ensure it's
compliance with applicable law. The County
Prosecutor of Delaware County, Ohio shall send to
eac~i party to this agreement a certificate showing
the names of the contracting political subdivisions
which have executed this agreement, and any
Olitical
additions or deletions of participating p
subdivisions as they occur.
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t•
MUTUAL AID COMPACT
SIGNATURE PAGE
` " Date
Signs re Date Signature
Chief Doug Patrick Chief Kathy Lieske
Ashley Police Department Delaware City Police Department
Gl~
2 3 -q 1 ~
.4~ Date
Signature Date Signature
Sheriff Al Myers Chief Robert Taylor
Delaware County Sheriff's Office Genoa Township Police Department
i'
Date Signature Date
Signature ~ Chief Mark Bossa
Chief Gary Vest
Powell Police Department Shawnee Hills Police Department
Date
ignatur Date Si ature
Chief Gary Hall Chief M i c h a e l C n c e y
Sunbury Police Department Westerville Police Department
Da e
Approved as form and con ent.
W. Duncan Whitney
Delaware County Prosecutor