Fort Walton Beach Council agenda — 06-30-09 special — reading text

AGENDA CITY OF FORT WALTON BEACH SPECIAL CITY COUNCIL MEETING June 30, 2009 5: 30pm CALL TO ORDER PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA 2. ACTION 2. 1 Consideration of setting the tentative ad valorem millage rate for FY 2009 -10. Synopsis: Truth in Millage ( TRIM) requirement. ( City Manager) 2. 2 Approval of renewal of Law Enforcement Mutual Aid Agreement. Synopsis: Previous agreement has now expired; signatures of the Mayor and Police Chief are required. ( Police Chief) 23rd 2. 3 Appointments to the Business Retention Panel. Synopsis: At the June Meeting, Council formalized this Panel and volunteer participants have to be formally appointed. ( City Manager) ADJOURNMENT Discussion —Direction —Action items may be acted upon by the City Council by either a motion with vote in accordance with Robert' s Rules of Order, or by a consensus of the Council. Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ( FS286.0105) The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request Please call City Clerk Helen Spencer at 850 -833- 9509 to make a request. For Hearing Impaired dial the City Hall TDD # 850- 833 -9925 or 1- 800 -955- 8771 ( TDD) or 1- 800-955 -8770 ( Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service.  CHYOT T09j2"WAG7oN(BEAClf POLICE DEPARTMENT STAFF REPORT MEMORANDUM To: Robert Meatus, City Manager From: Ted Litschauer, Police Chief Date: June 26, 2009 Subject: Mutual Aid Agreement Background: Florida Statutes, particularly Section 252.34 and various subsections of 237 beginning at . 1255 et seq, provide for Law Enforcement Mutual Aid Agreements. In fact, Section 23. 1255 et seq, are referred to as The Florida Mutual Aid Act. Please find the attached copy of a document, entitled: " Combined Operational Assistance and Voluntary Cooperation — Mutual Aid Agreement," which contains signature lines for the Mayor and the Police Chief. Discussion: Law enforcement mutual aid agreements are generally beneficial to all parties concerned, for obvious reasons. This particular agreement involves the law enforcement agencies in Okatoosa County. It is a replacement for a previously signed agreement, which has now expired. Recommendation: I recommend that the City Manager concur with this report and recommend that the City Council approve this mutual aid agreement for execution as soon as possible. Thank you. 2 June 26, 2009 Ted Litschauer, Police Chief Date Reviewed and Concur: 1J F 12009 R-obeff Mearns, City Manager Date Attachments: Mutual Aid Agreement  COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESS TO 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 Section 252. 34, F. S.; and 2) Continuing, multijurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the Okaloosa County Sheriffs Office, the Crestview Police Department, the Fort Walton Beach Police Department, the Niceville Police Department, the Valparaiso Police Department and the Shalimar Police Department have the authority under Section 23. 1255, F. S., et seq., the Florida Mutual Aid Act, to enter into a combined Mutual Aid Agreement for law enforcement service which: 1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and 2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34, F. S. NOW, THEREFORE, the parties agree as follows: SECTION 1: PROVISIONS FOR OPERATIONAL ASSISTANCE Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to indlude, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man -made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION I1: PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F. S., and in support of backup services during patrol activities, school resource officers on official duty out of their jurisdiction, and inter -agency task forces and/or joint investigations. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, such party shall notify the agency or agencies from whom such assistance is required. The law enforcement agency head, or his authorized designee, whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner he deems appropriate. The agency head, whose jurisdiction assistance is being rendered, may determine who is authorized to lend assistance in his jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. Should a sworn law enforcement officer be in another subscribed agencies' jurisdiction for matters of a routine nature, such as traveling through the jurisdiction on routine business, attending a meeting, or transporting a prisoner, and a violation of Florida Statutes occurs in the presence of said party, representing hisJher respective agency, he/she shall be empowered to render enforcement assistance and act in accordance with the law. Should enforcement action be taken, said party shall notify the agency having normal jurisdiction and upon the tatter's arrival, turn the situation over to them and offer any assistance requested, including but not limited to a folbw -up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct ir vtigations, serve warrants and/or subpoenas, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals who the law enforcement officer may encounter. The agency head's decisions in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the department requesting assistance. SECTION V: LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provision of Section 768.28, F. S. where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS a. Employees of each participating department, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside the State of Florida, under the terms of this agreement, shalt, pursuant to the provisions of Section 23. 127( 1), F. S., have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. b. Each party agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other party to the agreement as set forth above; provided however, that no party shall be required to deplete unreasonable its own personnel, equipment, resources, facilities and services in furnishing such mutual aid. C. A political subdivision that furnishes equipment pursuant to this party 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. d. The agency furnishing aid pursuant to this section shall compensate its appointees/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 such employees are engaged in rendering such assistance. e. 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 activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency, apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee' s duties extraterritorially under the provisions of this mutual aid agreement. The provisions of this section shall apply with effect to paid, volunteer, and reserve employees. f. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by