Mutual Aid Law & Drug AgreeMEMORANDUM
April 11, 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 and City of
East Dubuque, Illinois
Chief of Police Kim Wadding is recommending execution of two Mutual Aid Agreements
for law enforcement services between the City of Dubuque, Dubuque County and the
City of East Dubuque, Illinois. The agreements deal with sharing law enforcement
resources for mutual drug investigations and mutual aid concerns. This will broaden our
approach to illegal drug investigations, while sharing resources for general law
enforcement during critical incidences.
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
Kim B. Wadding, Police Chief
THE CITY OF
MEMORANDA
Date: April 10, 2002
To: Michael C. Van Milligen
City Manager
From: Kim B. Wadding
Police Chief
Re:
Mutual Aid Agreements - City of Dubuque, Dubuque County & City of East
Dubuque, Illinois
INTRODUCTION:
The purpose of this memorandum is to seek approval of two mutual aid agreements for
law enfomement services between City of Dubuque, Dubuque County and City of East
Dubuque, Illinois.
BACKGROUND:
Currently, the City of Dubuque does not have a formal interagency agreement with the
City of East Dubuque, Illinois to share law enforcement resources regarding mutual
drug investigations or mutual aid concerns. Due to the close proximity of East
Dubuque, Illinois, it is vital we strengthen our resources through these collective
agreements allowing us to broaden our approach to illegal drug investigations while
sharing resources for general law enforcement during critical incidences. 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 cress-jurisdictional boundaries and gives aid and assistance.
DISCUSSION:
Through these 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 411, RETIREMENT SYSTEM FOR POLICE OFFICERS AND FIRE
FIGHTERS.
These agreements are similar to those recently approved between the City of Dubuque,
Dubuque County, and Jo Daviess County, Illinois. Jeanne from the City Clerk's office is
faxing the agreements to Barry for his review.
ACTION REQUESTED:
I recommend the agreements be placed on the City Council agenda for consideration
for the April 15, 2002 Council Meeting with final approval recommendation pending
Corporate Counsel review.
MULTLIUR1SDICTIONAL DRUG ENFORCEMENT AGREEMENT
Tiffs Agreement is entered into in compliance with Articles 7 and 10 of the
Constitution of the State of Illinois, the Intergovernmental Cooperation Act (5 1LCS
220/I, et seq. and 65 ILCS 5/114-2.1) and Iowa Code Chapter 28E of the 1999 Code of
Iowa, by, between, and among the city of East Dubuque, Illinois, city of Dubuque, Iowa,
and Dubuque County, Iowa, being made to enable law authorities in East Dubuque,
Illinois, and Dubuque County, Iowa to engage in a cooperative ef/rbrt in criminal
investigations and prosecutions thereof, particularly involving illegal drag trafficking and
the use and distribntion of conu'olled subst*mces.
The city of East Dubnque, Illinois, city of Dnbuque, Iowa, and Dubuqne County,
Iowa, agree as follows:
Tl:e pm'ties 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 jurisdictio~s.
Tixc duration of this agreement shall be for the duration of the Edward Byrne
Memorial State and Local Law Enforcement Assistance Program Funding
Grm~t 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.
The f~.~nding resources for this agreement shall consist of a ful[4ime prosecutor
employed by Dubuque County. The city of East Dnbuque, Illinois, Police
Department, the city of Dubuque, Iowa, Police Department, and the Dubuque
County, Iowa, Short fl's Department shall provide investigative resources. The
prOseCutor, Timothy J. Gallagher, shall be designated as an Assistant Dubuque
County Attorney for cases arising out of illegal activities within the
geographical jurisdiction of the state of Iowa, and the State's Attorney for the
state of Illinois, connty of .lo Daviess, for cases arising out of illegal activity
within the geographical location of the state of Illinois. For the purpose of
employment rights or benefits, the prosecutor shall be considered to bc an
employee of Dubuque County, Iowa.
A control group established by a separate agreement, as requh'ed by thc
conditions of the Edward Byme Memorial State and Local Law Enforcement
Assistance Program Funding Grant, shall administer the operations of this
agreement, whicl~ are within the scope of the grant-funded project. As
provided in said agreement, the control group shall determine tb.e following:
A. Establishment o f criteria for the selection of investigative targets-
B, Allocation of grant-funded resources trod other investigative and
prosccutorial resources that may be made available by the parties.
C. Establislm~cnt of criteria for the prosecution of eases, including policies
on the use of infom~ams, immunity, priority of targets, forfeiture, plea
agreement goals, rind choice of federal or state formns tbr prosecution.
D, Oversight of ongoing investigations.
Each party agrees to assume all risks of liability arising out of operation and
investigations conducted within its respective geographical jurisdiction. The
full legal and financial responsibility for injm3,, disability, or death of an
employee shall remain with the employee's respective law enforcement agency.
Any party may terminate this agreement by providing not less that sixty-(60)-
days written notice to all other parties. Equipment or other property acquired
dm'ing the term o1' the agreement shall be distributed equally ~ong the parties
upon termination of the agreement based upon thc parties' contribution towards
tho purchase thereof.
WHEILEFORE, in conclusion of the mutual promises and agreements contained
heroin, the city of East Dubuque, Illinois, city of Dubuque, Iowa, and Dubuque County,
Iowa hereby agree to be bound this __ day of March, 2002.
CIT)f~)F//EAST DU/B/IJQUE, ILLINOIS
G-h/offrtey~. Barklow, Mayor
City of East Dubuque,~
~nney ~oep~4, Cit~ Clerk
CITY OF DUBUQUE, IOWA
Torrance M, Duggan, Mayor
City of Dubuque, Iowa
Attest:
Jeanne Schneider, City Clerk
DUBUQUE COUNTY, IOWA
l)~n~. ]i~ Smith~ Chait~pei'~on
Dnbuque County Board of Supervisors
Denise M. Dolan, Auditor
Approved by tb.e Attorney General
oflllinois as to form and compatibility
with Illinois law
MUI.TIJIJRISD1CTIONAL LAW ENFORCEMENT AGREEMENT
The articles of this agreement are made and entered into this.__ day o~'
., 20 ., by and between the city of East Dubuque, illinois, city o~'
Dubuque, Iowa, ,and Dubuque County, Iowa, as indicated by thc actions of their
respective governing bodies,
WI-IEREAS, the parties to ti'lis agreement have public duty and obligation to
on[orca tho laws and protect their citizens fi'om illegal activities; and
WHEREAS, thc jurisdiction and authority of each party is limited aud 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 enfbrcement; and
WHEKEAS, the parties have the attthority to enter into this Multijttrisdictional
Law En ['brcement Agreement pursuant to A rticle 7 and 10 of the Constitution of the State
of Illinois, the Intergovernmental Cooperation Act (5 II,CS 220/1 et seq. and 65 tLCS
5/1 t-I-2.1), and Chapter 28 E of the Iowa Code (1999); and
WHEREAS, thc law enforcement agencies of the parties are thc East Dubuque
Police Department of the city of East Dubuque, Illinois, the Dubuque Police Department
of the city of Dubuque, Iowa, and the Dubuque County Sheriff's Office of Dubuque
County, Iowa.
NOW, TI-IEREFORE~ in consideration o f the mutual covenants and agreements
hereinafter set forth, the parties agree as follows:
The parties agree to use their best e[forts to ensure the public safely and to
enfome the laws and protect the citizens within the confines of the geographical
jurisdictions of the respective parties. The duration ofthls a~eement shall be
for a 5~year period. Aker the initial 5~ycar period, the agreement shall
atttomaticaIly be renewed on a year4o-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 thc agreement.
2. No separate legal entitled will be created.
The power to make a request for assistance or to provide assistance under this
Agreement shall reside m the e~ty of East Dubuque Chmf of Pohcc, city o ~
Dubuque Chief of Police, or the Dubuque County Sheriff or their designecs.
4. Any party shall have the right to request assistance from any other parry subject
to the terms and conditions of the agreement.
5. A party may make a request for assistance from another party when the
requesting party has concluded, be.sod upon actual circumstances, that:
A. Such assistance is essential to protect life and property; or
B. Such assistmxce is needed in conjunction witt~ an incident involving
multi jurisdictional problems (i.e. gang, major crime investigation, drug
investigations).
Upon request, a responding party may dispatch personnel and equipment to
point within the area for which the requesting party normally provides st~ch
personnel or equipment.
The requesting party shall include in its reqnest for assistance the amount and
type of equipment and tire nrm~ber of pemonncl requested and shall specify thc
location where the personnel and equipment are needed. It is hereby agreed by
the parties that thc final decision a,s to the amount and type of equipment and
the number of personnel to be fiaamished shall be made by the responding party.
No party may make and 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 slmll, at the time of the act, be owned by it. All
personnel satin g for the member under this agreement shall, at the time o f such
action, remain an employee of that person's own law enforcement agency.
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 than act on such orders, However, where the
provided mutual assistance involves the loan cfa specialized S.W.A.T.,
hostage negotiation, or canine unit, the commander of the specialized unit shall
be responsible for the implementation of the mission to be accomplished. The
responding persoanel and equipment shall be mleased by the requesting party
when the service of the responding party are no longer required, or when the
responding party, personnel, or its equipment ara needed by thc responding
party in its ovaa jurisdiction.
No party shall be required to reimburse any other party for the cost ofprovlding
any services sot forth in this agreement. Each party shall pay its own cost for
responding to the request of thc other parties.
10. Tile requesting party agrees to fully and in all respects indemnify, defend, and
hold harmless thc 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 U,S,C~ 1983. ']['he
requesthig member agrees to indemnify, defend, and hold ham~less 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 assigned pursuant to this agreement.
The requesting party agrees to fully reimburse the responding party for any and
ali 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.
11. No party operating under this aD'cement shall discriminate against any
individual on the basis o£race, color, religion, sex, or national origin in any
manner, prohibited by the laws of the United States or the states of Illinois or
Iowa,
12. This agreement may be amended at any time by written agreement of all tho
pm'ties.
13. Any equipment purchased by aW party during flee temx of this agreement shall
be the sole responsibility and property of the purchasing pa'fy and at the
termination of tiffs agreement, shall remain the property of such party.
IN WITNESS WItEPCEOF, the parties hereby have executed this agreement, which is
evidenced by the authorized, governing bodt¢~.
CITY/QF EAST DUBUQUE, ILLINOIS
~leofJ't~ey/A. Barklow, Mayor
Ci~ o[East DubuqueF.l~
Nancy Roep~-Ci~ Cle~ ~
CITY OF DUBUQUE, IOWA
Terrance M, Duggan, Mayor
City of Duhuque, Iowa
Attest:
Jeanne Schneider-City Clerk
DUB~UQUE COUNTY~ IOWA
Donna L. Smith, Chairperson
Dubuque Coun~ Board of Supervisors
Attcst: 'b~--/~'~d''~''c~/L;,, Z.~ ,,C~.-¢a~---
Denise M, Dolan, Auditor
PHONE: 563-589-4441
FAX: 563-589-7884
EMAIL: brdofsup@dbqco.org
Apri! 8, 2002
COURTHOUSE
DUBUQUE, IOWA 52001-7053
DONNA L. SMITH
ALAN R. MANTERNACH
JIM WALLER
Mr. Jeanne Schneider
City Clerk
50 West 13th St.
Dubuque IA 52001
Dear Jeanne:
Enclosed are five original copies of a Mutual Law Enforcement AGreement and Mutual Drug
Enforcement Agreement between Dubuque County, the City of East Dubuque and the City of
Dubuque, which were approved by the Dubuque County Board of Supervisors at our regular
meeting today.
Please place both of these agreements on the City Council's next agenda for approval, and return
them to County Attorney Fred McCaw for distribution and recording. thank you.
DUBUQUE COUNTY BOARD OF SUPERVISORS
Donna L. Smith, Chairperson
jh
encl.
CC:
RESOLUTION NUMBER 2002-~ ~_~
7-H
BE IT RESOLVED that the Dubuque County Board of Suporvisors approves and
authorizes the Chairperson to sign a Multijurisdicfional Law Enforcement Agreement
with the City of Dubuque and the City of East Dubuque.
Resolution adopted this 8~ day of April, 2002.
D~a L. fr~tlg Chairperson
Attest:
Denise M. Dolan, County Auditor
MULTI JURISDICTIONAL LAW ENFORCEMENT AGREEMENT
The articles of this agreement are made and entered into this day of
,20 , by and between the city of East Dubuque, Illinois, city of
Dubuque, Iowa, and Dubuque County, Iowa, as indicated by the actions 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 Article 7 and 10 of the Constitution of the State
of Illinois, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq. and 65 ILCS
5/11-1-2.1), and Chapter 28 E of the Iowa Code (1999); and
WHEREAS, the law enforcement agencies of the parties are the East Dubuque
Police Department of the city of East Dubuque, Illinois, the Dubuque Police Department
of the city of Dubuque, Iowa, 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:
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 agreement.
2. No separate legal entitled will be created.
The power to make a request for assistance or to provide assistance under this
Agreement shall reside in the city of East Dubuque Chief of Police, city of
Dubuque Chief of Police, or the Dubuque County Sheriff or their designees.
4. Any party shall have the fight to request assistance from any other party subject
to the terms and conditions of the agreement.
5. A party may make a request for assistance from another party when the
requesting party has concluded, based upon actual circumstances, that:
A. Such assistance is essential to protect life and property; or
B. Such assistance is needed in conjunction with an incident involving
muitijurisdictional problems (i.e. gang, major crime investigation, drug
investigations).
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.
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 mount and type of equipment and
the number of personnel to be furnished shall be made by the responding party.
No party may make and 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, be owned by it. Alt
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.
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 S.W.A.T.,
hostage negotiation, or canine unit, the commander of the 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 service 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.
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 the other parties.
10. The requesting party agrees to fully and in all respects indemnify, 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 U.S.C. 1983. The
requesting member agrees to indemnify, 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 assigned pursuant to this agreement.
The requesting party agrees to fully reimburse the responding party for any and
alt reasonable expenses incurred by the responding party due to loss or damage
to its equipment used as a consequence o£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.
11. No party operating under this agreement shall 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 or the states of Illinois or
Iowa.
12. This agreement may be amended at any time by ~vdtten agreement of all the
parties.
13. 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.
IN WITNESS WHEREOF, the parties hereby have executed this agreement, which is
evidenced by the authorized governing bodies.
CITY/~)F EAST DUBUQUE, ILLINOIS
City of East Dubuquerll~
Nancy Roep~e-City Clerku
CITY OF DUBUQUE, IOWA
Terrance M. Duggan, Mayor
City of Dubuque, Iowa
Attest:
Jeanne Schneider-City Clerk
DUB~UQUE COUNTY, IOWA
Donna L. Smith, Chatrperson
Dubuque County Board of Supervisors
Denise M. Dolan, Auditor
RESOLUTION NUMBER 2002
7-G
BE IT RESOLVED that the Dubuque County Board of Supervisors approves and
authorizes the Chairperson to sign a Multijurisdicfional Drag Enforcement Agreement
with t~ City of Dubuque and the City of East Dubuque.
Resolution adopted this 8~ day of April, 2002.
Donna L. Smith, Chairperson
· Attest:
Denise M. Dolan, County Auditor
MULTI JURISDICTIONAL DRUG ENFORCEMENT AGREEMENT
This Agreement is entered into in compliance with Articles 7 and 10 of the
Constitution of the State of Illinois, the Intergovernmental Cooperation Act (5 ILCS
220/1, et seq. and 65 ILCS 5/1 t-1-2.1) and Iowa Code Chapter 28E of the 1999 Code of
Iowa, by, between, and among the city of East Dubuque, Illinois, city of Dubuque, Iowa,
and Dubuque County, Iowa, being made to enable law authorities in East Dubuque,
Illinois, and Dubuque County, Iowa 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 East Dubuque, Illinois, city of Dubuque, Iowa, and Dubuque County,
Iowa, agree as follows:
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.
The duration of this agreement shall be for the duration of the 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.
The funding resources for this agreement shall consist of a full-time prosecutor
employed by Dubuque County. The city of East Dubuque, Illinois, Police
Department, the city of Dubuque, Iowa, Police Department, and the Dubuque
County, Iowa, Sheriffs Department shall provide investigative resources. The
prosecutor, Timothy J. Gallagher, shall be designated as an Assistant Dubuque
County Attorney for cases arising out of illegal activities within the
geographical jurisdiction of the state of Iowa, and the State's Attorney for the
state of Illinois, county of Jo Daviess, for cases arising out of illegal activity
within the geographical location of the state of Illinois. For the purpose of
employment rights or benefits, the prosecutor shall be considered to be an
employee of Dubuque County, Iowa.
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 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 resource, s that may be made available by the parties.
C. Establishment of criteria for the prosecution of cases, including policies
on the use of informants, immunity, priority of targets, forfeiture, 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 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 law enforcement agency.
o
Any party may terminate this agreement by providing not less that sixty-(60)-
days written notice to all other parties. Equipment or other property acquired
during the term of the agreement shall be distributed equally among the parties
upon termination of the agreement based upon the parties' contribution towards
the purchase thereof.
WHEREFORE, in conclusion of the mutual promises and agreements contained
herein, the city of East Dubuque, Illinois, city of Dubuque, Iowa, and Dubuque County,
Iowa hereby agree to be bound this __ day of March, 2002.
CIT~F EAST DUflfiIJQUE, ILLINOIS
G~of~$y~. Barklow, Mayor
City of East Dubuque~
Nancy Roepl~, City-C~erka
CITY OF DUBUQUE, IOWA
Terrance M. Duggan, Mayor
City of Dubuque, Iowa
Attest:
Jeanne Schneider, City Clerk
DUBUQUE COUNTY, IOWA
Dbnh~t L] Smith', Ch~i~persSn
Dubuque County Board of Supervisors
Attest: ~"1r~-I',~z-- ~'~. ~ rvt~'~
Denise M. Dolan, Auditor
Approved by the Attorney General
of Illinois as to form and compatibility
with Illinois law