HomeMy WebLinkAbout1127-Mutual Aid-Sanford & OCSOSheriff Kevin Beery
P.O. BOX 1440, Orlando, ~ 32802-1440
I/'z~ o/~ b'~e £n[L~"/eL' www.ocso.com
Chief Brian F. Tooley
City of Sanford
815 S. French Avenue
Sanford, FL 32771
August 24, 2006
Re: Combined Voluntary Cooperation and Operational
Assistance - Mutual Aid Agreement
Dear Chief Tooley:
Enclosed is a fully executed copy of the Mutual Aid Agreement between
the City of Sanford and the Orange County Sheriff's Office.
Thank you for your assistance in expediting this agreement.
Sincerely,
KEVIN BEARY
Sheriff of Orange County
.Grace Leo
Administrative Assistant
Legal Services Section
Enclosure
First in Orange County to Receive Both
The
Agency
International and State Accreditation,
COMBINED
VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT
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:
(1)
Intensive situations including but not limited to emergencies as defined
under §252.34, F.S.; and
(2)
Continuing, multi-jurisdictional law enforcement problems, so as to
protect the public peace and safety, and preserve the lives and
property of the people.
WHEREAS, the Sheriff of Orange County, Florida, hereinafter referred to as
"OCSO," and the City of Sanford, Florida, hereinafter referred to as "City," have the
authority under §23.12, F.S., et seq., the "Florida Mutual Aid Act," to enter into a
mutual aid agreement for law enforcement service which:
Provides for rendering of assistance in a law enforcement emergency,
as defined in §252.34, F.S.; and
(2) Permits voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines.
WHEREAS, the subscribing law enforcement agencies have occasion to
conduct joint traffic operations, including but not limited to dignitary traffic escorts;
and
WHEREAS, these joint traffic operations may need to traverse jurisdictional
lines or may need additional personnel and equipment from subscribing agencies to
ensure the safety of participants and the general public.
NOW, THEREFORE, the parties agree as follows:
Section I: Operational Assistance and Voluntary Cooperation
The subscribing agencies hereby approve and enter into this Agreement
whereby each agency may request and render law enforcement assistance to the
other for emergency joint traffic operations (e.g., impromptu visit by government
dignitary) and related law enforcement situations (e.g., person stopped for traffic
offense resists and is subject to arrest).
The subscribing agencies hereby approve and enter into this Agreement
whereby each agency may request and render voluntary cooperation and assistance
of a routine law enforcement nature across jurisdictional lines for joint traffic
operations and related law enforcement situations (e.g., person stopped for traffic
offense resists and is subject to arrest).
This Agreement does not grant law enforcement powers to deputies or City
officers for purposes of off-duty law enforcement employment.
Section I1: Procedures for Requesting or Providing Aid
A party to this Agreement ("requesting agency") may obtain assistance as set
forth above in Section I or Section II from the other party ("responding agency"). The
chief law enforcement executive (Sheriff or Chief of Police) or designee of the
requesting agency shall direct the request to the chief law enforcement executive or
designee of the responding agency. The request shall specify the needed
assistance, e.g., number of personnel, type of equipment, location where equipment
or personnel will be assigned. The chief law enforcement executive or designee
shall evaluate the situation and his or her agency's available resources and respond
in a manner that he or she deems appropriate.
Requests for assistance may be verbal or written. Written requests may be
delivered by hand, U.S. Mail, teletype, or e-mail. Written requests directed to the
OCSO via U.S. Mail shall be addressed to P.O. Box 1440, Orlando, Florida 32802-
1440. Written requests directed to the City via U.S. Mail shall be addressed to Chief
Brian Tooley, 815 S. French Avenue, Sanford, FL 32771. Each party is responsible
for tracking mutual aid requests made or received in accordance with this
Agreement.
If the City is rendering assistance pursuant to this Agreement in Orange
County, the Sheriff of Orange County or designee may determine who is authorized
to lend assistance, the nature of the assistance, how long assistance is authorized,
and for what purpose the authority is granted. If the OCSO is rendering assistance
pursuant to this Agreement within the City limits, the City's Police Chief or designee
may determine who is authorized to lend assistance, the nature of the assistance,
how long assistance is authorized, and for what purpose the authority is granted.
If an officer from one party takes law enforcement action in the jurisdiction of
the other party pursuant to this Agreement, he or she shall notify the agency having
jurisdiction and thereafter take all necessary steps to lawfully complete the
enforcement action, including but not limited to, arresting the suspect, transporting
the suspect to the appropriate booking location, booking, and providing appropriate
reports documenting the event and the actions taken.
The parties are not required to unreasonably deplete their own equipment,
resources, facilities, and services (e.g., personnel, marked units, unmarked units, K-
9 units, national, state, and county computer networks) to furnish mutual aid. The
requesting agency shall release equipment and personnel provided by the
responding agency when they are no longer needed or when the responding party
determines they are needed within its jurisdiction.
Personnel provided by the responding agency shall assist in transporting and
processing prisoners during situations involving mass arrests, upon request by the
other party. They shall also assist with operating temporary detention facilities, upon
request by the other party.
The requesting agency shall be responsible for recording radio
communications, including but not limited to, time en route, number of units
responding, time of arrival, time of completion, and any other pertinent radio
communication.
Upon request by the other party, the requesting or responding agency shall
complete a detailed report and forward a copy to the other agency.
Actions by City police officers that occur in Orange County shall be in
accordance with and governed by this Agreement; or shall result from actions that
legally extend the officers' jurisdiction, including but not limited to fresh pursuits that
begin within the City limits; or shall be in accordance with and governed by a mutual
aid agreement between the City and the municipality in which the actions occurred.
Section II1: Command and Supervisory Responsibilities
The resources or facilities assigned by the responding agency shall be under
the immediate command of a supervising officer designated by the responding
agency. Said supervising officer shall be under the direct supervision and command
of a person designated by the chief executive officer, or his or her designee, of the
requesting agency.
Conflicts: Whenever an agency member is rendering aid pursuant to this
Agreement, he or she shall abide by, and be subject to, the rules and regulations,
personnel policies, general orders, and standard operating procedures of his or her
respective 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, policy, general order, or standard operating procedure shall control and
supersede the direct order.
Handling Complaints: If there is cause to believe that a complaint has arisen
from a cooperative effort under this Agreement, the requesting agency shall be
responsible for documenting the complaint, to try to ascertain at a minimum:
1. The identity of the complainant.
An address where the complaining party can be contacted.
The specific allegation.
The identity of the accused agency members without regard to agency
affiliation.
The requesting agency shall provide the responding agency with this
information, along with a copy of all applicable documentation. The requesting
agency shall expeditiously direct the information and documentation to the
professional standards unit of the responding agency. The agency employing the
subject of the complaint shall be responsible for conducting an appropriate review.
Section IV: Liability
Each party shall be responsible for the acts, omissions, and conduct of its
agents, employees, and appointees that occur while said persons are engaged in
providing services pursuant to this Agreement, subject to the provisions of Florida
Statute 768.28 where applicable.
Section V: Powers, Privileges, Immunities, and Costs
Pursuant to the provisions of Section 23.127(1), F.S., an employee of a
subscribing agency, who renders aid outside the agency's jurisdiction in accordance
with this Agreement, shall have the same powers, duties, rights privileges, and
immunities as if performing duties inside the jurisdiction of his or her agency.
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 activities of a subscribing agency's
employees when performing their respective functions within their agencies'
jurisdictional limits shall apply to them to the same degree, manner, and extent while
engaged in the performance of their duties extraterritorially under the provisions of
this Agreement. This provision shall apply with equal effect to paid, volunteer, and
reserve employees.
The responding agency shall compensate its 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 said employees are engaged in
rendering such assistance.
Each party furnishing 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.
Nothing herein shall prevent the requesting agency from seeking
supplemental appropriations from the governing authority having budgeting
jurisdiction to reimburse the responding agency for any actual costs or expenses
incurred by the responding agency performing hereunder.
Section VI: Term
This Agreement shall take effect upon execution of the last of the parties and
shall continue in full force and effect through December 31, 2008. The term of this
Agreement may be extended for a period of up to 120 days by written agreement
executed prior to December 31, 2008 by the Sheriff of Orange County and the City
Police Chief. This Agreement may not be renewed or amended except in writing.
Section VII: Cancellation
Either party may terminate this Agreement for convenience upon delivery of
written notice to the other party. The liability provisions of this Agreement shall
survive any such termination.
Section Viii: Miscellaneous Provisions
A. Agency Policy
Each party shall adopt and enforce written policy that is consistent with the
terms of this Agreement. City policy shall explicitly explain the various
circumstances under which its officers may take law enforcement action in areas of
Orange County. Each party shall adopt the written policy, and forward a copy of it to
the chief executive officer of the other party on an expedited basis. If one of the
parties amends its policy at any time during the term of this Agreement, it shall
immediately forward an up-to-date copy to the chief executive officer of the other
party. Each party shall also train its officers on legal issues pertaining to mutual aid,
the terms of this Agreement, and the requirements of its policy. Said training shall
extend to all its sworn members, whether full or part-time and whether paid or
volunteer.
B. Forfeiture Litigation
If a subscribing agency seizes any vessel, motor vehicle, aircraft, or other
property pursuant to the Florida Contraband Forfeiture Act (Florida Statute 932.701-
707) during performance of this Agreement, the agency requesting assistance in the
case of Operational Assistance, and the seizing agency in the case of Voluntary
Cooperation, shall be responsible for maintaining a forfeiture action. The agency
pursuing the forfeiture action shall have the exclusive right to control, and
responsibility to maintain, the proceedings and property in accordance with the
Florida Contraband Forfeiture Act, including but not limited to complete discretion to
bring a lawsuit, dismiss the case, or settle the case.
Proceeds from forfeited property seized as a result of or in accordance with
this Agreement shall be divided to reflect the resources committed by each party.
The parties shall confer to arrive at an appropriate formula. The agency litigating the
forfeiture action may recover its reasonable court costs (e.g., filing fee, court reporter
fee) from the proceeds of the case.
C. Powe~
Nothing in this Agreement shall be construed as any transfer or contracting
away of the powers or functions of one party hereto to the other.
D. Damages
This Agreement shall in no event confer upon any person, corporation,
partnership, or other entity, including the parties hereto, the right to damages or any
other form of relief against any party to this Agreement for operations or omissions
hereunder.
E. Conflicts with Florida Mutual Aid Act
In the event of a conflict between the provisions of this Agreement and
§23.12, F.S., et seq., the "Florida Mutual Aid Act," the provisions of the Florida
Mutual Aid Act shall control.
F. Amendments
This Agreement contains the entire understanding between the parties and
shall not be modified except in writing.
In witness whereof, the parties have caused this Agreement to be executed
by the undersigned persons as duly authorized.
SHERIFF'S OFFICE OF
ORANGE GOO~TY, FL(~IDA
SANFORD POLICE DEPARTMENT
Kevin Beary
as Sheriff of Orange/Count,
Date: ~(~'" ~? '~j
FL
Bria~ Tooley
as Chief of Police
Date: ~,,~,/~/'///'~ ~
APPROVED:
CITY OF SANFORD, FLORIDA
ATTEST:
~ity Clerk
Linda Ku~n
Mayor
APPROVED BY THE CITY
COMMISSION OF THE CITY OF
SANFORD, FLORIDA, AT A .
MEETING HELD ON ~,:~-O'~.~
UNDER AGENDA NO. ~,'~Z;::, .
FOR USE AND RELIANCE ONLY
BY THE SHERIFF OF
ORANGE COUNTY, FLORIDA.
APPROVED AS TO FORM
AND LEGALITY THIS .~DAY OF
t~ %~_~- 2006.
FOR USE AND RELIANCE ONLY
BY THE CITY OF SANFORD,
FLQRIDA.
APPROVED AS TO,F. QRM AND
L.F~GALITY~THIS/~'Y~ DAY OF
~"-;/~t'd:f~ ,2006.
U
By:
General Counsel
Assistant City Attorney / u'