MUNICIPAL POLICE COOPERATIVE AGREEMENT
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This Agreement, made and entered into this _____ day of _____,
year of _____, among the Municipalities that are signatories hereto,
all of which are in the boundaries of Lawrence County, Commonwealth
of Pennsylvania.
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Whereas, increasing population and the common problem of illegal
use and traffic of narcotics and other dangerous drugs have tended
to obliterate municipal boundaries in its enforcement of laws in Lawrence
County, Commonwealth of Pennsylvania; and
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Whereas, there is an urgent need for uniformity and continuity
in the enforcement of such laws in Lawrence County; and
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Whereas, coordination of police activity in the area has historically
been sporadic and informal; and
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Whereas, police officials of Lawrence County have manifested
a genuine interest in safer communities through improved police service;
and
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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
dangerous drug laws and to preserve the safety and welfare of the
entire area; and
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Whereas, those same police officials desire a functional police
program that contains the components of good police service; and
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Whereas, it is desired by the signatory municipality to enter
into an agreement for the purpose of having available for use throughout
the territorial limits of all municipalities signing this mutual,
joint agreement, the services of police employed by any and all of
the said municipalities, under the conditions set forth and in compliance
with Municipal Police Jurisdiction 42 PA C.S.A.; and
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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: 42
PA C.S.A. et al; and
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Now, therefore, the parties hereto, in consideration of the
mutual covenants and conditions herein contained, promise and agree
with each other as follows:
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ARTICLE I
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POLICE DISTRICT BOUNDARIES
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SECTION A. All municipal boundaries of parties entering this
agreement shall remain in full force and effect with the understanding
and agreement that police officers of the signatory municipalities
shall have all the powers and authorities conferred by law on the
police in whatever municipality they may be involved. [42 PA C.S.A.
8053(a)(4).]
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ARTICLE II.
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JOINT POLICE ADVISORY BOARD
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SECTION A. All police officers selected to be members of the
Lawrence County Drug Task Force, hereafter known as the Field Investigations
Team, shall remain under the general supervision of their own police
chiefs, except as hereafter specified. [42 PA C.S.A. 8953(e)]
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SECTION B. Each signatory municipality shall be represented
on the Advisory Board and to participate in this project, its municipality
shall be signatory of this Agreement.
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SECTION C. In order for a police department to be represented
on the Advisory Board and participate in this project, its municipality
shall be a signatory to this Agreement.
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SECTION D. The officers of the Advisory Board shall be Chairman,
Vice-chairman, Treasurer, Secretary. Their duties to be conducted
in accordance with the "Roberts Rules of Order" as revised.
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SECTION E. In order to implement ARTICLE II. SECTION D., the
officers of the Advisory Board shall be elected at a regular meeting
of the participating municipality representatives.
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SECTION F. The Advisory Board may establish any committees necessary
to further the purpose of this project, such committees to be determined
by majority vote of the membership of the Advisory Board.
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SECTION G. The Advisory Board shall have, as nonvoting members,
designated and submitted by members of the Field Investigations Team,
in association with the Advisory Board, to participate in all discussions
and act as liaison to promote the general purpose of this Agreement
to wit; provide an effective Task Force or coordinated police officers
and investigations.
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SECTION H. The Advisory Board shall have the authority to hire
all personnel of the project including the secretary and solicitor
and any additional personnel necessitated by the operation of the
Field Investigations Team.
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ARTICLE III.
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MEETINGS
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SECTION A. The members of the Advisory Board shall meet once
a month at a date and time to be established by the Board for the
purpose of conducting the business of the Advisory Board and in the
event that such day is a legal holiday under the laws of the Commonwealth
of Pennsylvania, then such meeting shall be held the next succeeding
secular day not a legal holiday under the laws of the Commonwealth
of Pennsylvania, or at such other time as may be determined by resolution
of the Advisory Board.
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SECTION B. All special or rescheduled regular meetings of the
Advisory Board may be scheduled by appropriate resolution of the Advisory
Board fixing the date, time and place of such meeting. Special or
rescheduled meetings may be called by the Chairman, or more than a
majority of the participating members by request in writing. The call
or a request, if any, shall state the purpose of the meeting. The
meeting shall be held at a date, time and place as shall be designated
in the call of the meeting. Written notice of each special or rescheduled
meeting shall be given at least one day prior to the day named for
the meeting to each member of the Advisory Board who does not waive
such notice in writing.
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SECTION C. A majority of the members of the Advisory Board shall
be necessary to constitute a quorum for the transaction of business
and the acts of the majority of the members present at a meeting,
at which a quorum is present, shall be the action of the Advisory
Board. Voting on all questions shall be taken by a show of hands or
voice provided, however, that the chairman may on his own motion or
shall at the request of any member, cause a vote to be taken by roll
call. The Parliamentary Procedure of the Advisory Board shall be governed
by "Roberts Rules of Order" as revised.
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SECTION D. The Advisory Board shall maintain an accurate record
of the minutes of the meetings, regular or special, and all other
records, and further, that such minutes and records shall at reasonable
times, be open for inspection by any authorized person.
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ARTICLE IV.
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FINANCE
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SECTION A. All moneys for this Association shall be received
by grants, donations and moneys furnished by the Office of Attorney
General, Commonwealth of Pennsylvania, and moneys furnished by the
Office of the District Attorney, Lawrence County, as a result of seizures
of moneys and/or assets resulting from drug investigations. All moneys
received shall be accounted for by appropriate accounting and/or placed
in a special account by the treasurer, and shall be paid out on the
warrant or other order of the treasurer of the Advisory Board, and
thereafter be approved by the operations officer.
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SECTION B. The Advisory Board shall file a monthly and an annual
written report covering its police work and activity to each of the
respective municipalities in the membership. The report shall be prepared
by and the responsibility of the narcotics operations officer.
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ARTICLE V.
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JURISDICTION AND ORDER
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SECTION A. In order for the Narcotics Investigation Team to
conduct any police activity in a signatory municipality, it shall
obtain the permission of the particular police chief or his duly authorized
representative, with the necessary exception of "Hot Pursuit." [42
PA C.S.A. 8953(A)(3)(4)]
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SECTION B. Any police chief of a signatory municipality or his
duly authorized representative may contact the Narcotics Operations
Officer and request assistance. [42 PA C.S.A. 8953 (A)(3)]
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SECTION C. While in any signatory municipality, the Narcotics
Investigation Team is under the general supervision of the Chief of
Police of the signatory municipality and shall not act without first
obtaining his general consent. [42 PA C.S.A. 8953 (A)(4) and (C)]
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SECTION D. Operational procedures shall be established by the
Advisory Board on which shall be distributed to and binding upon all
signatory municipalities.
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SECTION E. The operational duties of the Narcotics Operation
Officer shall be established by the Advisory Board.
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ARTICLE VI.
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PROPERTY
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SECTION A.
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Vehicles: All vehicles utilized by the Narcotics Investigation
Team, which are registered, owned and insured by a particular municipality,
shall be operated only by an employee of that municipality without
exception.
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SECTION B. At the termination of this project and Agreement,
all property shall be retained by the respective municipalities of
ownership and all other moneys, assets, etc., shall be released on
receipt to the Lawrence County District Attorney.
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ARTICLE VII.
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DEPUTIZING, IMMUNITY AND CLAIMS
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SECTION A. The Police Advisory Board shall furnish to each of
the municipalities which are parties to this Agreement, the names
of all police officers who will participate in the Narcotics Investigations
Team for the purpose of deputizing of such officers as police officers
of all the municipalities in order to perform police duties outside
the boundaries of the municipalities appointing such police officers.
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SECTION B. The police services performed and the expenditures
incurred under this Agreement shall be deemed for public and governmental
purposes and all immunities from liabilities enjoyed by the participating
municipality within its boundaries shall extend to its participation
in police services outside its boundaries. [42 PA C.S.A. (D)]
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SECTION C. Each participating municipality shall, by becoming
a signatory of this Agreement, waive any and all claims against all
other participating municipalities hereto which may arise out of their
officers' police activities outside their respective jurisdictions
while rendering police service under this Agreement.
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SECTION D. Each municipality shall save harmless other municipalities
to this Agreement from all claims by third parties suits, damages
and losses, including costs, expenses and attorney fees incident to
or resulting from any injury to any person or damage to property which
may arise out of the rendering of police services under this Agreement;
and further, that public liability for both bodily injury and property
damage liability covering police vehicles while on duty in the territorial
limits of any of the participating municipalities shall be obtained
by the individual signatory municipalities.
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ARTICLE VIII.
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JOINTURE OF ADDITIONAL MUNICIPALITIES
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SECTION A. Additional municipalities may become parties to this
Agreement upon application, in writing, to the joint Police Advisory
Board, and approval of a majority of the then participating municipalities
at the next regular or special meeting and upon proper acceptance
of the provisions of the Agreement by the applicant municipality.
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ARTICLE IX.
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INTERPRETATION OF AGREEMENT
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SECTION A. All differences arising out of interpretation of
this Agreement shall be resolved by the joint Police Advisory Board,
by majority vote of voting members.
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ARTICLE X.
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TERMINATION
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SECTION A. The withdrawal from this Agreement by any single
municipality shall not terminate this Agreement among remaining municipalities.
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SECTION B. Withdrawal from this Agreement shall be effected
upon written notice by any municipality of not less than seven days
and setting forth the date of termination by that municipality.
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In Witness Whereof, and intending to be legally bound herewith,
and in accordance with proper action of each of the governing bodies
of the respective municipalities, the parties hereto have caused this
instrument to be executed by their proper officials and signing by
the Mayor, Governing Body President, and Chief of Police and the Municipal
Seal affixed on the day and year appearing on page one of this Agreement.
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