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