[Ord. 7082, passed 8-27-1992]
This article shall be known and referred to as the "Municipal Police Cooperative Agreement."
[Ord. 7082, passed 8-27-1992]
The City has evidenced its intent to participate in the Lawrence County Task Force activities designed to combat the illegal possession and trafficking of narcotics and other illegal or controlled drugs within its municipal boundaries as well as within the boundaries of other near or adjacent communities through cooperation with the Pennsylvania Office of Attorney General and other signatory municipalities.
[Ord. 7082, passed 8-27-1992]
The City hereby adopts the Agreement which provides a framework for intergovernmental police cooperation with various signatory municipalities under the terms of which police officers of each such municipality shall be and are granted the authority to officially act as police officers in any other signatory municipality, subject to the terms and conditions of the Agreement, which is attached hereto and incorporated as a part of this ordinance.
[Ord. 7082, passed 8-27-1992]
The duration of the Agreement shall be indefinite, subject to termination as provided in the Agreement.
[Ord. 7082, passed 8-27-1992]
The purposes and objectives of the Agreement are to foster increased cooperation among the various signatory municipalities, to improve drug law enforcement throughout the signatory municipalities, and to enhance the skill and professionalism of police officers from each of the signatory municipalities by, among other things, conferring authority upon police officers to exercise official duties in other municipalities thereby reducing the law enforcement problems relating to jurisdiction, territory, or boundary issues.
[Ord. 7082, passed 8-27-1992]
Each municipality shall be responsible for all expenses incurred by reason of action taken by its police officers pursuant to this Agreement with the assistance of funds supplied by the Pennsylvania Office of Attorney General.
[Ord. 7082, passed 8-27-1992]
The organizational structure necessary to implement the Agreement, to the extent that it is not set forth in the Agreement itself, shall be covered by directives, procedures and guidance from the Pennsylvania Office of Attorney General and other area police departments from municipalities which are signatories to such Agreement.
[Ord. 7082, passed 8-27-1992]
All property, real or person, which may be acquired, managed, licensed or disposed of pursuant to this Agreement, shall be in accordance with both the terms of the Agreement as well as the directives, procedures and guidance of the Pennsylvania Office of Attorney General.
[Ord. 7082, passed 8-27-1992]
The City shall retain responsibility for the management, direction, and control of its employees with assistance, financial or otherwise, from the Pennsylvania Office of Attorney General.
[Ord. 7082, passed 8-27-1992]
The entity created by this article shall be empowered to enter into contracts for polices of group life insurance and employee benefits, including social security, for its employees.
[Ord. 7082, passed 8-27-1992]
This article shall become effective upon the execution of the Agreement and enactment of ordinances by each of the Municipalities who are or in the future may become parties to the Agreement.
[Ord. 7082, passed 8-27-1992]
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
[Ord. 7082, passed 8-27-1992]
MUNICIPAL POLICE COOPERATIVE AGREEMENT
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.
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
Whereas, there is an urgent need for uniformity and continuity in the enforcement of such laws in Lawrence County; and
Whereas, coordination of police activity in the area has historically been sporadic and informal; and
Whereas, police officials of Lawrence County have manifested a genuine interest in safer communities through improved police service; and
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
Whereas, those same police officials desire a functional police program that contains the components of good police service; and
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
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
Now, therefore, the parties hereto, in consideration of the mutual covenants and conditions herein contained, promise and agree with each other as follows:
ARTICLE I
POLICE DISTRICT BOUNDARIES
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).]
ARTICLE II.
JOINT POLICE ADVISORY BOARD
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)]
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.
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.
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.
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.
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.
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.
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.
ARTICLE III.
MEETINGS
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.
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.
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.
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.
ARTICLE IV.
FINANCE
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.
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.
ARTICLE V.
JURISDICTION AND ORDER
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)]
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)]
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)]
SECTION D. Operational procedures shall be established by the Advisory Board on which shall be distributed to and binding upon all signatory municipalities.
SECTION E. The operational duties of the Narcotics Operation Officer shall be established by the Advisory Board.
ARTICLE VI.
PROPERTY
SECTION A.
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.
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.
ARTICLE VII.
DEPUTIZING, IMMUNITY AND CLAIMS
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.
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)]
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.
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.
ARTICLE VIII.
JOINTURE OF ADDITIONAL MUNICIPALITIES
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.
ARTICLE IX.
INTERPRETATION OF AGREEMENT
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.
ARTICLE X.
TERMINATION
SECTION A. The withdrawal from this Agreement by any single municipality shall not terminate this Agreement among remaining municipalities.
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.
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.