Ordinance 19-11RECORD OF ORDINANCES
Inc.
Ordinance No. 19 -11 Passed
20
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A MUTUAL AID AGREEMENT WITH THE CITY
OF DELAWARE, CITY OF POWELL, CITY OF
WESTERVILLE, VILLAGE OF ASHLEY, VILLAGE OF
OSTRANDER, VILLAGE OF SHAWNEE HILLS, VILLAGE OF
SUNBURY, GENOA TOWNSHIP, DELAWARE COUNTY
PRESERVATION PARKS AUTHORITY, OHIO WESLEYAN
UNIVERSITY POLICE AND THE OHIO HEALTH NETWORK
WHEREAS, there may be times where the cooperation of other municipalities is
necessary to provide the most efficient public service; and
WHEREAS, the municipalities in Delaware County are in the process of updating the
mutual aid agreements for public safety - related equipment and/or services; and
WHEREAS, these types of mutual aid agreements are authorized under Ohio law; 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, THEREFORE, BE IT ORDAINED by Council of the City of Dublin, State
of Ohio, ' / of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute the mutual aid
agreement (attached as Exhibit "A") with the City of Delaware, City of Powell, City
of Westerville, Village of Ashley, Village of Ostrander, Village of Shawnee Hills,
Village of Sunbury, Genoa Township, Delaware County Preservation Parks Authority,
Ohio Wesleyan University Police and the Ohio Health Network 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 ey day of/l 2011.
Mayor - Pre 'din Officer
ATTEST:
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090 Memo
CrrY OF DUBLIN. Phone: 614- 410 -4400 • Fax: 614 - 410-0490
To: Members of Dublin City Council
From: Marsha Grigsby, City Manager fKh 4
Date: April 21, 2011
Initiated By: Chief Heinz von Eckartsberg
Stephen J. Smith, Law Director
Re: Ordinance 19 -11— Mutual Aid Agreement
Background
Several of the municipalities in Delaware County are in the process of updating their mutual aid
agreements. This agreement provides for cooperation among the various municipalities in
emergency situations and is mostly symbolic in nature. The agreement as proposed is consistent
with what is permitted under Ohio law.
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, the 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.
in the process of reviewing the proposed agreement, the Law Director's Office did review all of
the other mutual aid agreements to ensure that they were consistent with Ohio law.
Recommendation
The Dublin Police Division and the Law Department recommend adoption of Ordinance 19 -11
and its second reading/public hearing on May 9, 2011.
MUTUAL AID AGREEMENT
THE AGREEMENT CONTAINED HEREIN IS INTENDED TO GOVERN MUTUAL
AID BETWEEN THE POLICE DEPARTMENTS FOR THE CITIES OF DELAWARE,
DUBLIN, POWELL, AND WESTERVILLE; THE VILLAGES OF ASHLEY,
OSTRANDER, SHAWNEE HILLS, AND SUNBURY; THE GENOA TOWNSHIP
POLICE DEPARTMENT; AND THE POLICE DEPARTMENTS FOR
PRESERVATION PARKS OF DELAWARE COUNTY, THE OHIO HEALTH
NETWORK, AND THE OHIO WESLEYAN UNIVERSITY (ALL OF WHICH ARE
HEREINAFTER REFERRED TO AS "MEMBER DEPARTMENTS ").
WHEREAS, the MEMBER DEPARTMENTS, all of which are parties to this
agreement, are desirous of obtaining additional police protection for the citizens served
by their departments by making the most efficient use possible of the police manpower of
their departments; and
WHEREAS, the MEMBER DEPARTMENTS acknowledge the mutual agreements set
forth herein, and for other good and valuable consideration, receipt of which is
acknowledged by all parties; and
WHEREAS, the MEMBER DEPARTMENTS are authorized to enter into contracts for
the purpose of providing emergency police protection in other political subdivisions
pursuant to Sections 505.43, 737.44, and 1545.131 of the Revised Code; and
WHEREAS, this agreement is intended to be entirely reciprocal by the MEMBER
DEPARTMENTS, who are parties to this agreement, and are referred to herein more
specifically as the "REQUESTING DEPARTMENT" or the "RESPONDING
DEPARTMENT" as the situation may arise necessitating the mutual aid request.
NOW, THEREFORE, BE IT AGREED between the parties hereto as follows:
(1) In the event of an emergency or other event requiring additional manpower, and
upon the request of the REQUESTING DEPARTMENT by the highest ranking
officer of the REQUESTING DEPARTMENT on duty at the time of the
emergency, the RESPONDING DEPARTMENT(S) will furnish police
manpower, canine, and equipment if the highest ranking officer on duty of the
RESPONDING DEPARTMENT(S) is of the opinion that such police
manpower and equipment is available. If the RESPONDING
DEPARTMENT(S) agrees to provide mutual aid, the personnel of the
RESPONDING DEPARTMENT(S) shall report to, and shall work under, the
direction and supervision of the senior officer of the REQUESTING
DEPARTMENT on duty at the time that the mutual aid request is made. Such
police manpower and equipment may be recalled at the sole discretion of the
highest ranking officer on duty of the RESPONDING DEPARTMENT(S). 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 the
REQUESTING DEPARTMENT 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(S).
(2) Notwithstanding the provision of Paragraph (1) above, any police officer of the
RESPONDING DEPARTMENT(S) who sees a felony or misdemeanor being
committed within the jurisdiction of the REQUESTING DEPARTMENT, or
who sees a police officer of the REQUESTING DEPARTMENT who is in
distress, shall have the authority to apprehend or attempt to apprehend the person
or persons committing said felony or misdemeanor and shall have the authority to
render assistance to the police officer in distress, so long as he /she shall use sound
discretion and reasonable judgment.
(3) In situations where mutual aid is utilized, radio communications should be
established wherever possible through the use of a radio communications network
which may be mutually available to MEMBER DEPARTMENTS.
(4) The execution of this agreement shall not give rise to any liability, responsibility,
or cause of action for breach of contract between the parties for failure to respond
to any request for assistance made pursuant to this agreement against the
RESPONDING DEPARTMENT(S) failing to respond and in favor of the
REQUESTING DEPARTMENT. 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.
(5) No charge shall be made to the REQ DEPARTMENT for services
rendered by the RESPONDING DEPARTMENT(S) under the provisions of this
agreement. It is agreed that the consideration for this Agreement is derived from
the mutual benefit to each of the parties hereto in increased police protection.
(6) There shall be no reimbursement for loss or damage to the canine or 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 police department or political subdivision for workmen's
compensation benefits arising by reason of injury or death to a member of either
police department while engaged in rendering services under this agreement. It is
agreed that police department employees acting outside the political subdivision
in which they are employed may participate in any pension or indemnity fund
established by their employer to the same extent as while acting within the
employing subdivision, and they are entitled to all the rights and benefits of
Chapter 4123 of the Revised Code to the same extent as while performing police
services within the subdivision in which they are employed.
(7) It is further agreed between the MEMBER DEPARTMENTS that the individual
policies and procedures, including, but not limited to Use of Force and Vehicle
Pursuit policies of the MEMBER DEPARTMENTS will control the activities
and responses of their respective employees, and MEMBER DEPARTMENTS
will not be expected to depart from the policies and procedures of their respective
departments.
(8) This agreement shall become effective upon the date of the last signature
appearing below. Any party to this agreement may withdraw at any time upon
thirty (30) days written notice addressed to the Chief of Police or other officer in
charge of any of the MEMBER DEPARTMENTS.
(9) This agreement may be executed in any number of counterparts, all of which
together shall be considered a single document. It shall not be necessary for any
counterpart to have more that one original signature. One complete copy of all
counterparts shall be maintained by each department.
Although not a signatory to this Mutual Aid Agreement, the Sheriff of Delaware County,
Ohio acknowledges the existence of this agreement and concurs with the provisions of
same. Furthermore, the Sheriff of Delaware County, Ohio anticipates participation in any
requests for mutual aid as either a REQUESTING DEPARTMENT or a
RESPONDING DEPARTMENT, as required and/or authorized by applicable
provisions of the Ohio Revised Code.
In witness hereof, we have executed this agreement on the date appearing after
our signatures.
DELAWARE CITY POLICE
DEPARTMENT
DUBLIN CITY POLICE
DEPARTMENT
Chief
Date:
City Manager
Date:
Approved as to form:
Law Director
Chief
Date:
City Manager
Date:
Approved as to form:
Law Director
POWELL CITY POLICE
DEPARTMENT
WESTERVILLE CITY
POLICE DEPARTMENT
Chief Chief
D
Date:
Date:
City Manager
Date:
Approved as to form:
Law Director
VILLAGE OF ASHLEY
POLICE DEPARTMENT
Chief
Date:
Village Administrator
Date:
Approved as to form:
Law Director
City Manager
Date:
Approved as to form:
Law Director
VILLAGE OF
OSTRANDER POLICE
DEPARTMENT
Chief
Date:
Village Administrator
Date:
Approved as to form:
Law Director
VILLAGE OF SHAWNEE HILLS VILLAGE OF SUNBURY
POLICE DEPARTMENT POLICE DEPARTMENT
Chief
Date:
Village Administrator
Date:
Approved as to form:
Law Director
GENOA TOWNSHIP
POLICE DEPARTMENT
Chief
Date:
Township Administrator
Date:
Approved as to form:
Chief
Date:
Village Administrator
Date:
Approved as to form:
Law Director
PRESERVATION PARKS
OF DELAWARE
COUNTY, DIVISION OF
PARK POLICE
Chief
Date:
Preservation Parks of
Delaware County -
Commissioner
Date:
Township Attorney
OHIO HEALTH NETWORK
POLICE DEPARTMENT
Chief
Date:
Chief
Ohio Health Police Department
Network Administrator
Date:
OHIO WESLEYAN
UNIVERSITY POLICE
Chief
Date:
Chief
Ohio Wesleyan University
Police Department
OWU Authorized Signatory
Date: