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HomeMy WebLinkAbout2002-06-10 02-252 ORDERItem Nm.02-252 Date: 06-10-02 Item/Subject: Order -Authorizing the City Manager W enter into a Mutual Aid Agreement with various area law enforcement agencies Responsible Department Police Commentary: This order would authorize the Gly Manager to enter into a mutual aid agreement between the communities of Bangor, Brewer, Hampden, years, Orono, University of Maine, Old Town, and the Penobscot County Sheri(Ps Office for the purpose of sharing law enforcement resources in emergency situations. (See attached) Associated Information: 0 Ju.l hy,y,FI Legal Approval: Ory Manager Finance Director Introduced for N Passage _ First Reading Page_ of Referred Assigned to Cowcllor Aden June la, 2003 CITY OF BANGOR ia, off. o (TITLE.) ORDER, Authorizing the City Manager to Enter into a Mutual Aid Agreement with Various Area Law Enforcement Agencies By Hre O'ry COUM/ of the Ot y Of83AW... ORDERED, THAT the City Manager be authorized to enter in a mutual aid agreement between the communities of Bangor, Brewer, Hampden, Veazie, Orono, University of Maine, Old Town, and the Penobscot County Sheriffs Office for the purpose of sharing law enforcement resources in emergency situagons. IM CSTY Comm Sone la, 2002 Notion Made aed seconded for Passage Passed CWOm ORDER Title, outhorisiug the City Manager to Mater Into a Mutual Aid R reemeut with Various Area law caforcenent Agencies Assigned to {rll Councilor 90 o2-uz AGREEMENT THIS AGREEMENT made and entered into by and among the City of Brewer, Maine; the City of Bangor, Maine; the Town of Orono, Maine; the City of Old Town, Maine; t�h��ey, Town of Hampden, Maine; the Penobscot County NST uN OF Vr Sle Sheriff's Office; and the {intoe-Brsna. Maine. WHEREAS, the law of the State of Maine provides under 30-A M.R.S.A., Section 2674, that a governmental entity within the State of Maine is empowered to make and enter into Mutual Aid Agreements with other governmental entities within the State, in order to more effectively allocate law enforcement and other public safety services during emergency situations, and WHEREAS, 30-A M.R.SA. § 2201 at seq, allows for interlocal agreements, and WHEREAS, the undersigned governmental entities, which are parties to this Agreement are desirous of obtaining additional law enforcement protection for the citizens of other governmental entities during emergency situations by malting the most efficient use possible of the law enforcement personnel of the governments] entitles included in this Agreement and WHEREAS, it is desirable that each of the parties hereto should voluntarily aid and assist each other, in the event that an emergency situation should occur, by the interchange of law enforcement services and WHEREAS, it is necessary and desirable that a Mutual Aid Agreement be executed for the interchange of such mutual aid on a ]oral, countywide, and/or regional basis. NOW, THEREFORE, it is hereby agreed by and among each and all of the parties hereto as follows: 1. As used herein, the phrase "emergency situation" shall mean an actual or potential condition within the jurisdiction of one or more of the parties that poses an immediate threat to life or property, and which exceeds the resources and capability of the jurisdiction(s) to successfully bring the situation under control. 1 2. Each party agrees that, in the event of an emergency situation, each other parry to this Agreement will furnish such personnel, equipment, facilities, or services as is, in the opinion of the assisting member, available. Provided, however, that each party reserves the right to refuse to render assistance or to recall any or all rendered assistance, whenever it is determined that such actions are necessary to the continued protection of the assisting party's jurisdiction. 3. Each party shall designate the law enforcement officials within their jurisdiction who shall have the authority to invoke this Agreement 4. In order to invoke mutual aid under the provision of this Agreement, the designated official from the requesting party shall be required to contact the designated official of the responding party(s) by telephone, radio, or in writing. The responding party(s) may request such information from the requesting party as is necessary to conium the emergency situation, and to assess the types and amounts of assistance that shall he provided. 5. During an emergency situation, all personnel from responding agencies shall report to, and shall work under, the direction and supervision of the designated supervisor of the requesting agency at the emergency site. Provided, however, that at all times law enforcement officers shall adhere in the policies and procedures of their can agency, and shall only be required to respond to lawful order. 6. haw enforcement officers responding to a call for mutual aid outside of their appointed jurisdiction shall have the same authority as law enforcement officers within the limits of the requesting government entity, except as to the service of civil process and, when assisting other governmental entities, shall have the same privileges and immunities as when acting within their own governmental entity. 7. In the event of a mutual aid request involving actual or potential mass arrests, responding party law enforcement officers shall only make arrests for offenses directly related to the incident, and shall assist in the processing of arrestces as follows: a. Identification of arrestees. b. Control of property obtained from arrestees. c. Completion of arrest certificates. d. Transportation of arrestees. e. Court duty pertaining to arrests. 8. In any emergency situation where the Mutual Aid Agreement has been Invoked, radio communications should be established between all of the parties, where possible, through the use of the local public mutual aid radio system. 9. Each party providing personnel under the scope of this Agreement agrees to be responsible for the wages, pension, relief, workers' compensation benefits incurred by their own personnel as a result of the emergency situation, and shall be liable, if any liability is determined to exist, for personal injury or property damages caused by or occurring to the law enforcement officers of the responding governmental entity in the course of assisting the requesting governmental entity. 10. Each party shall be responsible for maintaining and providing to each P" on a regular basis an accurate account of available resources including, but not limited m, available personnel per shift, equipment, and specialized units. 11. Each party shall develop and update on a regular basis, a plan providing for the effective mobilization of all its resources and facilities to cope with any type of emergency situations. 12. Mutual aid operational plans shall be developed and updated on a regular basis by the parties hereto, and are operative between the parties in accordance with provisions of such plans. 13. The parties agree to meet on a regular basis to review all mutual aid plans and the provisions of this Agreement. 14. This Agreement shall become effective as to each party governmental entity when approved and executed by that goverorammi entitys legislative body. The Agreement shall remain in effect between each and every party until participation in this Agreement is terminated by the party. Termination of participation in this Agreement by a party shall not affect the continued operation of this Agreement as between the remaining parties. Any party shall not affect the continued operation of this Agreement as between the remaining parties. Any Party to this Agreement may terminate participation in this Agreement upon thirty (30) days written notice addressed to the designated law enforcement official of each of the other signatory governmental entities which are a panty to this Agreement. 15. The execution of this Agreement shall not eve rise to any liability or responsibility for failure to respond to any request for assistance made pursuant to this Agreement. This Agreement shall not be construed as, or deemed to be an Agreement for the benefit of my third party for any cause whatsoever. 16. Each party represents to the other it has full and complete authority to enter into this Agreement. IN WITNESS WHEREOF, this Agreement has been executed and is effective and operative as to each party as herein provided. CITY OF BREWER B 'fin E. Barker, Police Chief duty authorized CITY OF BANGOR By��_,� v duly authorized TOWN OF ORONO By p..d:� £dT 6. iDz,r duly authorized CITY OF OLD TOWN 9�s/a..Z --rDate 44'g Da/te q fz L(pt Date 9-d,�-aa Date TOWN OF HAMPDEN y ae duly fl thorized PENOBSCOT COUNTY SHERIFFS OFFICE I Date authorized Tw✓s ✓ By ///5/oz. < Date duly authorized BANGORPOUCE DEPARTMENT PO= General Order MOTDAL Am This policy is effective November 3,2W2, and sme ds or superceAes all previous policies on this subject. IWNTFIM The goal of the Bangor Police Department is to provide efficient, high quality law entbrcemex services to the nocturnally during both emnergency and ev-emergency situations. The purpose of the regional mermaid agreement is to enable each agency to more effxtively handle evergeey situatioxsthrough the Pealing of law mfirrcemet resources In recognition of the fact that this agency has a finne amount ofreeurees with which to meat 0 such incidents, it shall be the policy ofthe Barger Police Department to participate in the mutual aid agreement in order to strengthen am response to emergency situations. U. PURPOSE: The purpose of this polity is to comply with M.AS.A. Title 30-A, section 2674 (sea Appendix #1, mumel aid to other municipalities) rod to into= all personnel ofthe existence and mnxtsta of the regioned mutual aid agreermon, and this law enforcement agencies obligation under the agrcement. M.PROCEDURES: A Stype ofAgreemem: 1. The law eNbrcemem agencies inthe region have entered into a cooperative agreement whereby each musty request temporary emrcrgemy aid from any or all otber member agencies. 2. The Mutual Aid Agreement may be hacked by designated members of this or any other member agcy during any emergency situation where there is anv®ediate threat to life or property, and the requesting ageey bas determined that it does et have sufficient resources to meat that [hoar in an adequate mummer. 3. Under the terms of the agrearent, the Bangor Police Department is committed to the provision ofpemomcl, equipmex, and specialized colts to amember agency to the extent that it would runt endanger prmury services to our own jurisdiction. 2-29-1 4. In order to maintain the efficient i npkmentatbn of the agreement, the chief ofNfice or his designce will have the fallowing responsibilities: a. Arend regular meetings with other member agency chieflaw eNreement officers to formulate or revise emergency plans, share infomatlon, and assess the general emergency needs of the region. b. Provide data to member agencies concerning the Bangor Polite Department's turntable manpower per shift, equipm of and specialized marts, and maintenance ofsmdlsr information from the other member agencies. c. Timely negotiate my additions tq or renewal of the agreement. d. Inform each employee what the law enforcement pursuit policy guidelines are from surrounding agencies. S. The wet ofthe saedes or the wages, pe w, reGcfa workers' compensation for loaned personnel resulting from mutual aid duty shall be the responsibility of the individual agencies providmg those services. B. Requests for Assistance: 1. Ininn-emergency sihamions, requests for emend aid shall be forwarded to the chief ofNfice or his designee in a timely fashion, through the chain ofcormmnd. 2. In the even that this agency tortures assistance on handling an emergency, the supervaor shall contact the dispatcher of the agency requested and provide the dispatcher with the following information: a. Name of the emergency. b. Measures taken [o bring the sduatlon sender control. c. Estimated anrount ofequipment, persomel, or special note that will be necessary to bring the situation under coadmL 3. The ov duty parol co�g ofacer lspermitted w request or amhorire emergency assistance. a. Requests may be made by telephone, radio or m writing and are subject to wnfiratlom b. The requesting agency is responsible for providing member agencies with the information necessary to dttemvre the levels of assistance required. c. Each member agency is orgy committed to providing assistance to the extern than it does not endanger primary operations, and may withdraw loaned personnel or equipment where circumstances reclaim re -d ploymem is thein jurisdiction. C. Emergency Scene Responsibilities: 1. The supervisor ofthe requesting agency shall be in charge at the emergency site. Aa loaned persomel shall follow lawful orders. However, where the provided mutual aid vIIiil6q involves the low of specialised S.RT., Dosmge Negotiation, Bomb Disposal, or Canine Drm, the commmder of that specialized unit shall be responsible for the implementation of are mission to be accomplished, as determined and directed by the supervisor of the requesting agency. 2. Wbem taking law enforcement actions at the emergency site, including: uses offorx, law enforrzmwt officers from this agency sball at all times adhere to the agency policies and procedures, and milia only those weapons and tactics wftb which they have shown proficiency. 3. Employees on lam from the Bangor Police Department to an emergency site shall regularly apprise our ronmamicatioru center concmdng the continued sums of the emergency, lineof--duty iojimes or needed relief. 4. Employees may only take them law entrancement actions permitted order state law for emergency allocmion outside the original appointing jmisdumom 5. Agency employees providing awtual aid shall only make arrests for offeases directly related to tin emergency women, and shall assist in the preliminary processing of arm roes as fellows: a. bControl ofprrroopfemrtyremces. obtained from arrestees c. Completion ofarrem reports. d. Transportation ofmremees. e. Covet duty. D. Federal and State Enforcement Agency Aid: 1. Member agencies may request emergency assistance from a federal law enforcement agency whim a federal crime is involved, or when the emergency, site is an area in whicb the Wood agency and the requesting agency share concurrent jurisdiction. 2. ILe Sure National Guard may be corrected for emergency resistance whenever a slate ofenergency exists or then jurisdiction. Approved this 23" day of October, 2002. is Donald J. CNefofPolice 2-29-3 APPENDIX #1 MAINE REVISED STATUTES ANNOTATED 30-A, SECTION 2674 30A§2674. Aid to other municipalities Except as otherwise provided by municipal charter or ordinsom, the municipal officers may authorize the chief of police or other designee to request other municipalities to provide police offices to assist the requesting municlpelhy. The municipal officers may amharms the chiefofpolire or other desil;nee to provide police officers to assist other municipalities¢ when so requested by a properly authorized chief of police or other designee ofthe requesting municipality. [1987, c. 737, Pt. A, §2 and Pt. C, §106 (new); 1989, c. 6 (and); c. 9, §2 (amd); C. I", Pt. C, §§8,10 (sand)] The au@orimtion; of the municipal officers sha8 he accompamied by an agreement between the raluesting municipality and the responding municipality this specifies which municipality shall be liable, ifamy liability is detennwed to said, for personal injury or property darmge caused by or occurring to the police officers of the responding municipality in the course of entering the requesting municipality. [1987, c. 737, Pt. A §2 and Pt. C, §106 (new); 1989, c. 6 (amd); c. 9, §2 (ave; c.104, N. C, §§8,10 (amd).] The police officers of the responding municipality shall have the same authority as police off en within the lints of the requeaing municipally, except as to the service of civil process and, when assisting other municipalities, shall have the sone pdv0eges act ivmnmmes as whim acting within their ownuntwoipality. [1987, c. 737, Pt. A, §2 and N. C, §106 (new); 1989, c.6 (amull c.9, §2 (sand); c. 104, Pt. C, §§8, 10 (amd).] Section History: 1987, c. 737, § A2,C106 (NEV,). 1989, c. 104, § C8,C10 1989, c.6 (AMD). 1989, c. 9, § 2 (AMD). 2-29-4 02-M J5(oW won Bmorimmeo9401 Bangor Police Department 2W -142-73M, W. 29) Fa,201A45b8N TO: Membersofthe Governmentoperations Commivae FR: Don Winslow, Police Chief DT. Apri122, 3002 M. Request to Enter in MumalAWAgreement Recently several area police chief met m discuss the possibility of entering into an Brea wide mutual aid agreement Under Maine law the City Council may authorize the chief of police to raiment or provide mutual aid to other municipalities. The law stipulates, however, drat an agreement inns[ be in place between agencies that specifies which municipality will be liable, if any liability is determined to exist, for personal injury orproperty damage resulting from the mutual aid. Theonly barrel mutual aid ageement we have is with the City of Brewer, and was drafted in 1978. From time to time we do solicit assistance from Brewer, Hampden, Versus, and the Sheriffs Department(wvering Hermon)b=weofthetrclowe ximityw Bangor. Likewisgwedoleton- duty personnel respond to these communities to render assistance in emergency situations. Because the aid is generally very short term, agencies providing mutual aid with on -duty personnel do not charge for the assistance. This agreement is intended to cover emergency situations only and includes eight police agencies from Old Town m Hampden. Ina catastrophic event, such m aplane crash or unpredicted large group involved in civil disobedience, we would ask for assistance from as for away as Old Towm, Orono, and the University of Maine. Under the agreement each municipality reserves the right in deny any requested aid. A draft agreement has been attached for your review. It bas been modeled after an agreement prepared by the Maine Chiefs of Police Association, and has been tentatively agreed upon by the area chiefs. The chiefs are now in the process of obtaining approval from their respective governing bodies. Entering into this agreement should not change am practice, but merely will provide clarity to issues of authority and liability, as well as bring us into statutory compliance in those cases when we me involved in amutual aid situation. Cc: Ed Barrett, City Manager Bob Farrar, Assistant City Manger Norman Heitromm, City Solicitor