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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