Mutual Aid Agree, IL & CountyMEMORANDUM
January 30, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Mutual Aid Agreements - City of Dubuque, Dubuque County & Jo Daviess
County, Illinois
During 1994 the City of Dubuque entered into two intergovernmental agreements with
Dubuque County and Jo Daviess County, Illinois, for the purpose of providing multi-
jurisdictional drug enforcement and general law enforcement mutual aid. General law
enforcement mutual aid relates to those critical incidences where immediate response is
deemed necessary to safeguard citizen and/or officer safety and authorizes member
agencies to cross jurisdictional boundaries and give aid and assistance. Both of these
intergovernmental agreements have expired and renewal allows reactivation for another
five-year period.
Police Chief Kim Wadding is recommending approval of the agreements.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Klm B: Wadding, Police Chief
MEMORANDA
Date: January 29, 2002
To
Michael C. Van Milligen
City Manager
From: Klm B. Wadding
Police Chief
Re
Mutual Aid Agreements - City of Dubuque, Dubuque County & Jo Daviess County,
Illinois
INTRODUCTION:
The purpose of this memorandum is to seek renewal of two mutual aid agreements for law
enforcement services between City of Dubuque, Dubuque County and Jo Daviess County,
Illinois.
BACKGROUND:
During 1994 the City of Dubuque entered into two intergovernmental agreements with Dubuque
County and Jo Daviess Cotmty, Illinois for the purpose of providing multijurisdictional drug
enforcement and general law enforcement mutual aid. General law enforcement mutual aid
relates to those critical incidences where immediate response is deemed necessary to safeguard
citizen and/or officer safety and authorizes member agencies to cross jurisdictional boundaries
and give aid and assistance. Both of these intergovernmental agreements have expired and
renewal allows reactivation for another five-year period.
DISCUSSION:
Through these two agreements the requesting agency agrees to assume all liability for any
actions arising out of the activity, and indemnifies the sending agency against any claims, except
for death or injury employees of the sending agency. Each agency retains liability for death and
injury to its own employees, regardless of where they would be working. For the City of
Dubuque our liability is defined and limited by Chapter 41 t, RETIREMENT SYSTEM FOR
POLICE OFFICERS AND FIRE FIGHTERS.
Although no language changes have occurred, I have requested a review by Barry Lindahl,
Corporate Counsel. The meeting is scheduled for Thursday, January 31, 2002 at 11:00 A.M. to
ensure no additions or deletions are necessary or recommended.
ACTION REQUESTED:
I recommend the agreements be placed on the City Council agenda for consideration for the
February 4, 2002 Council Meeting with final approval recommendation pending Corporate
Counsel revie;v.
resolution no. 2002-019
BE IT RESOLVED that the Dubuque County Board of Supervisors approves and
authorizes the Chairperson to sign a Multijurisdictional Law Enforcement Agreement
(28-E Agreement) and a Multijurisdictional Drug Enforcement Agreement with the City
of Dubuque and JoDaviess County, Illinois to enable law enforcement authorities to
engage in cooperative criminal investigations and prosecutions. These agreements will
go into effect when approved by all parties and recorded as required.
Resolution adopted this 28th day of January, 2002.
Donna L. Smith, Chairperson
Attest:
Denise M. Dolan, County Auditor
RESOLUTION NO. 38-02
APPROVING A CHAPTER 28E MULTIJURISDICTIONAL DRUG ENFORCEMENT
AGREEMENT AMONG THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY,
IOWA, AND JO DAVIESS COUNTY, ILLINOIS
WHEREAS, Iowa Code Chapter 28E authorizes agreements between public
agencies of Iowa and other states for the joint exercise of the powers of such agencies;
and
WHEREAS, the City of Dubuque, Iowa, Dubuque County, Iowa and JoDaviess
County, Illinois have determined that it is in the bests interests of their respective
jurisdictions to enter into an agreement to cooperatively engage in authorized criminal
investigations and prosecutions, particularly involving illegal drug trafficking and the use
and distribution of controlled substunces.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
Sec. 1. The Multijurisdictional Drug Enforcement Agreement attached hereto is
hereby approved.
Sec. 2. The Mayor is hereby authorized and directed to sign the Agreement on
behalf of the City of Dubuque.
Passed, approved and adopted this 4th day of February, 2002.
Attest: Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
MULTIJURISDICTIONAL DRUG ENFORCEMENT AGREEMENT
This Agreement is entered into in compliance with Iowa Code Chapter 28E of the 1999
Code of Iowa and Articles 7 and 10 of the Constitution of the State of Illinois, the
Intergovernmental Cooperation Act (51LCS 220/1, et seq.), by, between and among the City of
Dubuque, Iowa, Dubuque County, Iowa and JoDaviess County, Illinois, being made to enable
law authorities in Dubuque County, Iowa and JoDaviess County, Illinois to engage in a
cooperative effort in criminal investigations and prosecutions thereof, particularly involving
illegal drug trafficking and the use and distribution of controlled substances.
The City of Dubuque, Dubuque County, Iowa, and JoDaviess County, Illinois, agree as
follows:
1. The parties agree to cooperatively engage in authorized criminal investigations and
prosecutions, particularly involving illegal drug trafficking and the use and distribution of
controlled substances within our geographical jurisdictions.
2. The duration of this agreement shall be for the duration of the FFY 2001 Edward
Byrne Memorial State and Local Law Enforcement Assistance Program Funding Grant as
approved by the Governor's Office of Drag Control Policy and any corresponding extension
thereof; but terminating no later than the __ day of ,20__
3. No separate, legal entity will be created.
4. The funded resources for this agreement shall consist of a full-time prosecutor
employed by Dubuque County. The City of Dubuque, Iowa, Police Department, the Dubuque
County Sheriff's Office and the JoDaviess County Sheriff's Office shall provide investigative
resources. The prosecutor, Timothy J. Gallagher, shall be designated as an Assistant Dubuque
County Attorney for cases arising out of illegal activity within the geographical jurisdiction of
the State of Iowa, and State's Attorney for the State of Illinois, County of JoDaviess for cases
arising out of illegal activity within the geographical location of the State of Illinois. For the
purpose of employment fights or benefits, the prosecutor shall be considered to be an employee
of Dubuque County.
5. A control group established by a separate agreement as required by the conditions of
the Edward Byme Memorial State and Local Law Enforcement Assistance Program~ Funding
Grant shall administer the operations of this agreement, which are within the ~fthe grant~
funded project. As provided in said agreement, the control group shall determine ttie following:
A. Establishment of criteria for the selection of investigative targets.
B. Allocation ofgrant-funde(/reSources and other investigative and
prosecutorial resources that may be made available by the parties.
C. Establishment ofcriteria for the proseeufion ofcases, including policies on
use of informants, immunity, priority or targets, forfeitures, plea agreemem goals
and choice of federal or state forums for prosecution.
D. Oversight of ongoing investigations.
6. Each party agrees to assume all risks of liability arising out of the operation and
investigations conducted within its respective geographical jurisdiction. The full legal and
financial responsibility for injury, disability or death of an employee shall remain with the
employee's respective taw enforcement agency.
7. Any party may terminate this agreement by providing not less than sixty- (60)-days
written notice to all other parties. Equipment or other property acquired during the term of this
agreement shall be distributed equally among the parties upon termination of the agreement
based upon the parties' contributions toward the purchase thereof.
8. This agreement shall not be effective unless and until approved by the Attorney
General of Iowa.
WHEREFORE, in consideration of the mutual promises and agreements contained
herein, the City of Dubuque, Iowa, Dubuque County, Iowa and IoDaviess County Illinois do
hereby agree to be bound this 26th day of janurary 2002
DUBUQUE COUNTY, IOWA
I~nna L, Smith, Chairperson' '
Dubuque County Board of
Supervisors
Attest: ~~,~/~. ~ ~-~r-~
Denise M. Dolan, Auditor
CITY OF DUBUQUE, IOWA
Terrance M. Duggan, Mayor
City of Dubuque, Iowa
Attest:
Jeanne Schneider, City Clerk
JODAVIESS COUNTY, ILLINOIS
Approved by Attorney General of Iowa
as to form and compatibility with Iowa taw
Meri Berlage, Chairperson
JoDaviess County Boar of Supervisors
K:\Sctfluete~2gE Agreem~ts~mgEtrC Agree.0102.doc
RESOLUTION NO. 37-02
APPROVING A CHAPTER 28E MULTIJURISDICTIONAL LAW ENFORCEMENT
AGREEMENT AMONG THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY,
IOWA, AND JO DAVIESS COUNTY, ILLINOIS
WHEREAS, Iowa Code Chapter 28E authorizes agreements between public
agencies of Iowa and other states for the joint exercise of the powers of such agencies;
and
WHEREAS, the City of Dubuque, Iowa, Dubuque County, Iowa and JoDaviess
County, lllinois have determined that it is in the bests interests of their respective
jurisdictions to enter into an agreement to cooperate in using their best efforts to ensure
the public safety and to enforce the laws and protect the citizens.
NOW, THEREFORE, BE IT ~ESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
Sec. 1. The Multijurisdictional Law Enforcement Agreement attached hereto is
hereby approved.
See. 2. The Mayor is hereby authorized ahd directed to sign the Agreement on
behalf of the City of Dubuque.
Passed, approved and adopted this 4th day of February, 2002.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
MULTIJURISDICTIONAL LAW ENFORCEMENT AGREEMENT
The articles of this agreement are made and entered into this day of
~ 20 , by and between the City of Dubuque, Iowa, JoDaviess County,
Illinois and Dubuque County, Iowa, as indicated by the action of their respective governing
bodies.
WHEREAS, the parties to this agreement have public duty and obligation to enforce the
laws and protect their citizens from illegal activities; and
WHEREAS, the jurisdiction and authority of each party is limited and such limitations
are detrimental in combating crime within the geographical boundaries of the parties; and
WHEREAS, the parties recognize that criminal activity can more effectively be combated
by the pooling of resources to provide a more efficient and effective means of law enforcement;
and
WHEREAS, the parties have the authority to enter into this Multijurisdictional Law
Enforcement Agreement pursuant to Articles 7 and 10 of the Constitution of the State of Illinois,
the Intergovernmental Cooperation Act (51LCS 220/1 et seq.), and Chapter 28E of the Iowa
Code (1999); and
WHEREAS, the law enforcement agencies of the parties are the Dubuque Police
Department of the City of Dubuque, Iowa, the loDaviess County Sheriff's Office of JoDaviess
County, Illinois, and the Dubuque County Sheriff's Office of Dubuque County, Iowa.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, the parties agree as follows:
1. The parties agree to use their best efforts to ensure the public safety and to enforce the
laws'and protect the citizens within the confines of the geographical jurisdictions of the
respective parties. The duration of this agreement shall be for a 5-year period. After the initial
5-year period, the agreement shall automatically be renewed on a year-to-year basis. Any of the
parties may terminate this agreement by providing at least sixty-(60)-days advance, written
notice of said intent to terminate participation in this agreement to all other parties to the
agreemem.
2. No separate legal entitled will be created.
3. The power to make a request for assistance or to provide assistance under this
Agreement shall reside in the City of Dubuque Chief of Police orthe Dubuque County or
JoDaviess County Sheriffs or their designees. Any party shall have the right to request
assistance from any other party subject to the terms and conditions of the agreement.
4. A party may make a request for assistance from another party when the requesting
party has concluded, based upon actual ckcumstances, that:
A. Such assistance is essential to protect life and property; or
B. Such assistance is needed in conjunction with an incident involving
multijurisdictional problems (i.e. gang, major crime investigation, drug
investigation).
5. Upon request, a responding party may dispatch personnel and equipment to any point
within the area for which the requesting party normally provides such personnel or equipment.
6. The requesting party shall include in its request for assistance the amount and type of
equipment and the number of personnel requested and shall specify the location where the
personnel and equipment are needed. It is hereby agreed by the parties that the final decision as
to the amount and type of equipment and the number of personnel to be furnished shall be made
bythe responding party. No party may make any claim whatsoever against another party for
refusal to send the requested equipment or personnel. All equipment used by a member in
carrying out this agreement shall, at the time of the act hereunder, be owned by it. All personnel
acting for the member under this agreement shall, at the time of such action, remain an employee
of that person's own law enforcement agency.
7. The responding party, personnel and equipment shall report to the command officer
of the requesting party who is in charge at the scene. Said command officer shall have the power
to issue reasonable orders and directives and the responding personnel shall then act on such
orders. However, where the provided mutual assistance involves the loan of a specialized
SWAT, hostage negotiation or canine unit, the commander of that specialized unit shall be
responsible for the implementation of the mission to be accomplished. The responding personnel
and equipment shall be released by the requesting party when the services of the responding
party are no longer required, or when the responding party, personnel or its equipment are
needed by the responding party in its own jurisdiction.
8. No party shall be required to reimburse any other party for the cost of providing any
services set forth in this agreement. Each party shall pay its own cost for responding to the
request of other parties.
9. The requesting party agrees to fully and in all respects indenmify, defend and hold
harmless the responding party from and against any liability resulting from all acts, omissions, or
other conduct of said responding party and its employees, including any and all claims brought
under the laws of either Illinois or Iowa and any and all claims premised under 42 USC 1983.
The requesting member agrees to indenmify, defend and hold harmless the responding party, its
agents and its employees, from and against any and all claims and liabilities in whatever fashion
arising under this agreement against the responding party who or which may be assi~ed
pursuant to this agreement. The requesting party agrees to fully reimburse the responding party
for any and all reasonable expenses incurred by the responding party due to loss or damage to its
equipment used as a consequence of this agreement. The full legal and financial responsibility
for injury, disability or death of an employee shall remain with the employee's respective law
enforcement agency.
10. No party operating under this agreement shalI discriminate against any individual on
the basis of race, color, religion, sex or national origin in any manner, prohibited by the laws of
the United States orthe States of lllinois and Iowa.
11. This agreement may be amended at any time by written agreement of all of the
parties.
12. Any equipment purchased by any party during the term of this agreement shall be the
sole responsibility and property of the purchasing party and at the termination of this agreement,
shall remain the property of such party.
13. This agreement shall not be effective unless and until approved by the Attorney
General of Iowa.
IN WITNESS WHEREOF, the parties hereby have executed this agreement, which is
evidenced by the authorized governing bodies.
DUBUQUE COUNTY, IOWA
Donn~ L. Smith~Cl~firperson
Dubuque County Board of
Supervisors
Denise M. Dolan, Auditor
CITY OF DUBUQUE, IOWA
Terrance M. Duggan, Mayor
City of Dubuque, Iowa
Attest:
Jeanne Schneider, City Clerk
JODAVIESS COUNTY, ILLINOIS
Meri Berlage, Chairperson
JoDaviess County Boar of Supervisors
Approved by Attorney General of Iowa
as to form and compatibility with Iowa law
MULTI~SDICTIONAL DRUG ENFORCEMENT AGREEMENT
This Agreement is entered into in compliance with Iowa Code Chapter 28E of the 1999
Code of Iowa and Articles 7 and 10 of the Constitution of the State of Illinois, the
Intergovernmental Cooperation Act (51LCS 220/1, et seq.), by, between and among the City of
Dubuque, Iowa, Dubuque County, Iowa and JoDaviess County, Illinois, being made to enable
law authorities in Dubuque County, Iowa and JoDaviess County, Illinois to engage in a
cooperative effort in criminal investigations and prosecutions thereof, particularly involving
illegal drag trafficking and the use and distribution of controlled substances.
The City of Dubuque, Dubuque County, Iowa, and JoDaviess County, Illinois, agree as
follows:
1. The parties agree to cooperatively engage in authorized criminal investigations and
prosecutions, particularly involving illegal drag trafficking and the use and distribution of
controlled substances within our geographical jurisdictions.
2. The duration of this agreement shall be for the duration of the FFY 2001 Edward
Byrne Memorial State and Local Law Enforcement Assistance Program Funding Grant as
approved by the Governor's Office of Drug Control Policy and any corresponding extension
thereof, but terminating no later than the __ day of ,20
3. No separate, legal entity will be created.
4. The funded resources for this agreement shall consist of a full-time prosecutor
employed by Dubuque County. The City of Dubuque, Iowa, Police Department, the Dubuque
County Sheriff's Office and the JoDaviess County Sheriff's Office shall provide investigative
resources. The prosecutor, Timothy J. Gallagher, shall be designated as an Assistant Dubuque
County Attorney for eases arising out of illegal activity within the geographical jurisdiction of
the State of Iowa, and State's Attorney for the State of Illinois, County of loDaviess for cases
arising out of illegal activity within the geographical location of the State of Illinois. For the
purpose of employment tights or benefits, the prosecutor shall be considered to be an employee
of Dubuque County.
5. A control group established by a separate agreement as required by the conditions of
the Edward Byme Memorial State and Local Law Enforcement Assistance Program Funding
Grant shall administer the operations of this agreamenL which are within the scope of the grant-
funded project. As provided in said agreement, the control group shall determine the following:
A. Establishment of criteria for the selection of investigative targets.
B. Allocation of grant-funded resources and other investigative and
prosecutorial resources that may be made available by the parties.
C. Establishment of criteria for the prosecution of cases, including policies on
use of informants, immunity, priority or targets, forfeitures, plea agreement goals
and choice of federal or state forums for prosecution.
D. Oversight of ongoing investigations.
6. Each party agrees to assume all risks of liability arising out of the operation and
investigations conducted within its respective geographical jurisdiction. The full legal and
finahcial responsibility for inju~, disability or death of an employee shall remain with the
employee's respective law enforcement agency.
7. Any party may terminate this agreement by providing not less than sixty- (60)-days
written notice to all other parties. Equipment or other property acquired during the term of this
agreement shall be distributed equally among the parties upon termination of the agreement
based upon the parties' contributions toward the purchase thereof.
8. This agreement shall not be effective unless and until approved by the Attorney
General of Iowa.
WHEREFORE, in consideration of the mutual promises and agreements contained
herein, the City of Dubuque, Iowa, Dubuque Coun~ty, Iowa and JoDaviess County Illinois do
hereby agree to be bound this E~q dayof ~7~,~c,~r~; ,20~Z~.
DUBUQUE COUNTY, IOWA
Donna L. Smith, Chairperson
Dubuque County Board of
Supervisors
Attest:~'~. h ~-~
Denise M. Dolan, Auditor
CITY OF DUBUQUE, IOWA
Terrance M. Duggan, Mayor
City of Dubuque, Iowa
Attest:
Jeanne Schneider, City Clerk
JODAVEESS COUNTY, ILLINOIS
Approved by Attorney General of Iowa
as to form and compatibility with Iowa law
Meri Berlage, Chairperson
JoDaviess County Boar of Supervisors