York County, PA Article III Municipal Drug Task Force Agreement

[Adopted 2-26-1991]

§ 179-16 Preamble.

This agreement, made this 26th day of February 1991 by and among the Commonwealth of Pennsylvania, Office of Attorney General (hereinafter referred to as "OAG"), Bureau of Narcotics Investigation and Drug Control (hereinafter referred to as "BNI"), Fairview Township, Glen Rock Borough, Jackson Township, Lower Windsor Township, Northeastern Regional, Northern York County, Red Lion Borough, Spring Garden Township, Springettsbury Township, Stewartown Borough, West Manchester Township, West Manheim Township, West York Borough, Windsor Township, York City, Hanover Borough, Shrewsbury Borough, York Township, Carroll Township, Wrightsville Borough and Newberry Township, individually and collectively (hereinafter "municipalities"), witnesseth that:

A. Whereas the Attorney General has established a Municipal Drug Task Force Program throughout Pennsylvania to coordinate narcotics investigation, enforcement and prosecution activities;

B. Whereas the municipalities intend to participate in, and are a necessary part of, these drug task force activities;

C. Whereas the parties wish to establish the administrative framework for carrying out their activities under the program in York County task force [municipality(ies)];

D. Whereas mobility and the common problem of illegal use and trafficking of narcotics and other illegal drugs have obliterated municipal boundaries in the municipalities' enforcement of laws through the Commonwealth of Pennsylvania;

E. Whereas Municipal Police Departments themselves have been frustrated by jurisdictional limitations, manpower and equipment shortages and inadequate financial resources in attempting to stem illegal narcotics and drug trafficking;

F. Whereas there is an urgent need for uniformity and continuity in the enforcement of such laws in the Commonwealth of Pennsylvania;

G. Whereas coordination of police activity in the fight against illegal narcotics and drug trafficking has historically been sporadic, resulting in duplication of effort and reduced coordination;

H. Whereas the aforementioned municipalities have determined that the provision of mutual, police aid, across jurisdictional lines, will increase their ability to enforce the provisions of narcotics and illegal drugs laws and to preserve the safety and welfare of the entire area;

I. Whereas the OAG requests the aid and assistance of the Municipal Police Departments to implement the Municipal Drug Task Force activities in compliance with the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8953(a)(3);

J. Whereas the municipalities desire to enter into an agreement for the purpose of having available for use, throughout the territorial limits of all municipalities signing this mutual and joint agreement, the services of police, both full-time as well as part-time, employed by any and all of said municipalities, under the conditions set forth and in compliance with the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8953;

K. Whereas cooperation among municipalities, in the exercise and performance of their governmental powers, duties and functions, is authorized by the various acts of the General Assembly, to wit: 53 P.S. § 483 and ratified by mutual ordinance pursuant to 53 P.S. § 485; and

L. Whereas, in accordance with the provisions of 53 P.S. § 488, the Local Government Commission of the Commonwealth of Pennsylvania has reviewed this agreement and has made recommendations;

M. Now, therefore, the parties, intending to be legally bound hereby, agree as follows.

§ 179-17 Cooperation and individual duties.

The parties will cooperate in carrying out the work of the task force and agree to perform their individual duties as set forth in this agreement and in the Task Force Guidelines, which are attached for reference.[1]

[1] Editor's Note: The Municipal Drug Task Force Guidelines are included as Art. V of this chapter.

§ 179-18 Employer.

Any employee of a party to this agreement shall remain an employee of his or her employer for the purposes of any activity under this agreement, and each party shall maintain and be responsible for all employee compensation, benefits, insurance and other incidents of employment, except as provided herein. No municipal employee assigned under this agreement shall be deemed to be an employee of the Commonwealth of Pennsylvania, except as provided in Act 100 of 1989.[1]

[1] Editor's Note: See 42 Pa.C.S.A. § 8953.

§ 179-19 Term of agreement.

The term of this agreement shall begin on February 26, 1991.

§ 179-20 Liability.

Each party shall be an independent contractor and responsible for its own employees and for the acts of its employees under this agreement, pursuant to law. Each party shall provide such public liability and other insurance as appropriate to protect against any claims arising out of that party's performance under this agreement and not otherwise provided. All parties to this agreement shall have all rights and liability protection as found in Act 100 of 1989.[1] Nothing in this agreement shall be construed to limit the commonwealth's rights, claims or defenses which arise as a matter of law or pursuant to any provision of this agreement. Nothing in this agreement shall be construed to limit the sovereign immunity of the commonwealth.

[1] Editor's Note: See 42 Pa.C.S.A. § 8953.

§ 179-21 Municipal mutual aid agreements.

Each municipality shall have and maintain in effect a mutual aid agreement by which the employees of each municipality are authorized to carry out their duties in all other municipalities within the task force region. Each municipality shall submit a copy of the agreement upon request to BNI. These agreements shall be executed pursuant to and in compliance with 53 P.S. § 483 and ratified by mutual ordinance, pursuant to 53 P.S. § 485.

§ 179-22 Termination.

A. Any party may terminate its participation in the task force by giving 30 days' prior, written notice to the other parties to this agreement.

B. The OAG reserves the right to terminate the operation of the task force if the OAG determines that it is in the interests of the commonwealth to do so.

§ 179-23 Duties upon termination.

Upon termination or expiration of this agreement, a party shall return to the commonwealth any and all materials, documents, equipment or other items or property owned by the commonwealth and held by any party for the purposes of this agreement. All parties shall assist in bringing to an orderly conclusion all aspects of any task force which has been concluded.

§ 179-24 Reimbursement for overtime.

A. The OAG agrees to reimburse the municipalities for overtime incurred by task force members performing task force duties. No reimbursement for overtime will be made unless the OAG has given prior approval to the employee to work the overtime hours.

B. Reimbursement for overtime will be made in accordance with the procedure set forth in the Task Force Guidelines referenced above.[1]

[1] Editor's Note: The Municipal Drug Task Force Guidelines are included as Art. V of this chapter.

§ 179-25 Asset forfeiture.

A. The process of distribution of assets or proceeds of assets, forfeited under the Pennsylvania Controlled Substances Forfeitures Act,[1] or any other statute providing for forfeiture, shall be based upon the principle of equitable sharing of resources and proceeds.

[1] Editor's Note: See 42 Pa.C.S.A. § 6801 et seq.

B. A District Attorney's Office will include the OAG as an eligible recipient in any request by petition to a court for awards of task force seizures of either real or personal property.

C. The OAG, in conjunction with the District Attorney's Office, shall have sole authority to authorize federal intervention regarding seizure and prosecution only after all avenues offered by the commonwealth have been exhausted.

D. If federal sharing is authorized, each participating party shall submit the federal form DAG-71, Federal Sharing Request, to the appropriate office of the United States Attorney.

§ 179-26 Funding.

The OAG's obligations under this agreement are contingent upon the appropriation and availability of funds for task force purposes.

§ 179-27 Public availability of information.

The parties agree to comply with any requests or requirements which the OAG is required to make in order to comply with federal requirements relating to the availability to the public of identifiable records or other documents used in the Task Force Program. This provision shall not be construed to require disclosure of information expressly made confidential by another statute.

§ 179-28 Reports.

Each municipality shall submit such reports as the OAG shall require to meet state and federal reporting requirements.

§ 179-29 Inspection and audit.

Each municipality agrees to provide information to the OAG and access to records and facilities necessary for the OAG to carry out any audits it is obligated to perform under state or federal law.

§ 179-30 Contract subject to law.

The parties shall be bound by all applicable state, federal and local laws in carrying out the work of this agreement.

§ 179-31 Future amendments.

No changes or modifications to the terms of this agreement shall be valid or binding unless made in writing, agreed to and signed by the parties.

§ 179-32 Assignment.

No part of this agreement or any duty hereunder is assignable.

§ 179-33 Governing law.

This agreement will be construed in accordance with Pennsylvania law.

§ 179-34 Nondiscrimination clause.

See Attachment 1, which is hereby incorporated into and made part of this contract. This is the standard nondiscrimination provision required for commonwealth contracts. Reference in the provision to "contractor" shall mean any party to this agreement.