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HomeMy WebLinkAboutC-2191c0(9 0100 -70 MEMORANDUM OF UNDERSTANDING FOOTHILLS SPECIAL ENFORCEMENT TEAM INTRODUCTION It is recognized that the presence of a highly trained and skilled tactical unit has been shown to reduce the risk of injury or death to citizens, police officers and suspects. It is also recognized that a well- managed team response to critical incidents beyond the scope and training of patrol officers and detectives, usually results in the successful resolution of those events. To this end, it is the intent of the Cities of Arcadia, Glendora, La Verne and Monrovia as well as future potential member cities to pool certain resources whenever manpower, facilities and equipment are reasonably available and create a regional tactical team. This unit will service all four communities to help resolve critical incidents as they arise and will be named the Foothills Special Enforcement Team (the "Tactical Team "). It is the intent of this Memorandum to create a structure for participation on the Tactical Team by the four participating agencies and to provide a mechanism to allow for participation by new member agencies, with the approval of, the existing members of the Tactical Team. GENERAL SUPERVISION The Tactical Team shall be governed by the Chiefs of Police of the member Police Departments, or their designees, shall generally provide operational governance and supervision of the mutual aid and cooperation, and administration of the Tactical Team, set forth in this Memorandum and shall make any and all decisions based on the concurrence of at least a majority of the Chiefs, or their designees, after providing, wherever reasonably possible, an opportunity for all member Chiefs, or their designees, to be involved in any and all such decisions. AGENCY RESPONSIBILITY Proportional liability of each Member City and their employees to third parties, to the extent permitted by law, may be established either by stipulation among the parties or by a court of competent jurisdiction. Each party hereto shall at all times maintain in full force and effect workers compensation insurance in compliance with applicable law and liability insurance or legally adequate self- insurance to cover its activities hereunder. The agency requesting the response of the Tactical Team shall in all cases be solely liable for any claim, loss, or liability for property damage to third parties 1 :> 0 0 including, with limitation, attorneys fees and costs, arising out of the activities of the Tactical Team. The parties hereto specifically agree that in the event of any injury, illness or death to any duly assigned employee of the Tactical Team arising out of the member's participation in the training or operations of the Tactical Team, and notwithstanding any provision to the contrary set forth hereinabove in this section entitled "Agency Responsibility" the assigning police agency of such member shall indemnify, defend and hold harmless the other cities, and such agencies' officials, officers, agents and employees from any and all demands, claims, or liabilities arising therefrom which constitute a workers compensation claim. Notwithstanding any provision to the contrary in this section entitled "Agency Responsibility" the requirements of this section shall survive any termination or expiration of this agreement, as well as the withdrawal of a City from the Tactical Team. FINANCES Each agency will be responsible for overtime expenses, base salary, benefits, and other personnel costs for their participating employees resulting from training and call -outs. Each agency will provide their participating personnel with the requisite safety equipment which is set forth in the policy and procedures of the Tactical Team. Replacement costs of expendable items used during training or call -outs will be shared equally only if the value of expendable items was contributed equally. A detailed accounting of such items will be maintained and a written statement of costs incurred will be submitted for payment. AGENCY PARTICIPATION This agreement is completely voluntary in nature and places none of the jurisdictions under any obligation to respond to a request for the tactical unit services that it is unable or unwilling to honor. However, every reasonable effort based in part upon availability of funding, manpower and equipment will be made to accommodate all requests for service. It is further agreed: ■ All participating personnel will attend scheduled training sessions. ■ New personnel appointed to the Tactical Team will complete basic special weapons and tactics training as soon as practical, preferably no later than one year from appointment. ■ Tactical Team training will be conducted on a monthly basis. ■ Tactical officers shall maintain minimum levels of physical fitness and satisfactorily complete fitness tests in accordance with team standards. 2 9 0 0 ASSIGNMENT OF PERSONNEL Their respective department heads must approve the assignment of personnel to the Tactical Team. The Chiefs of Police, or their designees, may reject any candidate. The Tactical Team Commander may request the Chiefs of Police, or their designees, return any officer to his /her respective department for any or no reason. Officers assigned to the Tactical Team shall have a minimum of three years experience as a full -time police officer. Thereafter, assignment to the Team will be reviewed on a yearly basis. TEAM MANAGEMENT Each participating police agency shall provide one police lieutenant to be assigned to the Tactical Team. Each lieutenant will act as a liaison for their respective police agency, and shall assist with team management and supervision. From the assigned lieutenants, the Chiefs of Police, or their designees, shall select a Tactical Team Commander, who shall have overall responsibility for managing the Tactical Team. Each of the other lieutenants shall be subordinate to the Team Commander and designated as Assistant Tactical Team Commanders. Assistant Tactical Commanders shall be responsible for directing the Team when the Tactical Commander is unavailable. Officers assigned to the Tactical Team will work under the supervision of the Tactical Team Commander and team members assigned as Supervisors. Team members will follow all policies, procedures, and guidelines specifically approved by concurrence of at least four of the four Chiefs for Tactical Team operations. Should any of the Tactical Team policies or procedures conflict with the department rules of respective team members, the member shall immediately bring the conflict to the attention of the Tactical Commander or Supervisors. Supervisors will then take the necessary action to eliminate the conflict consistent with the department rules of the respective team member. ACTIVATON CRITERIA The Tactical Team will respond to critical incidents at the request of the on -duty watch commander or higher authority of the jurisdiction affected by the incident. Critical incidents are defined as follows: ■ Hostage Situations - The holding of any person(s) against their will by an armed or potentially armed suspect. 3 r, 0 0 ■ Barricaded Subjects - The standoff created by an armed or potentially armed suspect in any location, whether fortified or not, who is refusing to comply with police demands to surrender. • Active Shooter Situations - The firing upon of citizens and /or police by an armed suspect, whether stationary or mobile. ■ High -Risk Apprehensions - The arrest or apprehension of armed or potentially armed suspects where the likelihood of armed resistance is high. • High -Risk Warrant Service - The service of arrest or search warrants where the warrant service dynamics or policy recommends or requires the use of a tactical team. • Protection Operations - The security of specific persons, such as dignitaries, witnesses, or suspects based on a threat or potential threat to the well being of those persons, or the protection of places at risk due to special events or unusual conditions. ■ Special Assignments - Any assignment, approved by the Field Operations Division Commander or higher authority, based upon a high threat level. Additional criteria to consider when determining if the Tactical Team will be utilized are: ■ The suspect has committed a criminal act or is in a dangerous mental condition; or ■ The suspect is believed to be armed; or ■ The suspect has refused to submit to arrest; or ■ By the nature of the situation, an unacceptable risk is presented to officers or the public. ACTIVIATION PROCEDURE If the event falls within the aforementioned guidelines, the on duty Watch Commander / Incident Commander will evaluate the situation. If a Tactical Team response is appropriate and necessary, the agency will notify the Tactical Team Commander for direction regarding personnel recall. M COMMAND AND CONTROL When the Tactical Team is activated the Tactical Team Commander will report directly to the Incident Commander at the scene. The Incident Commander is responsible for determining the mission(s) to be undertaken to resolve the incident. The Tactical Team Commander is responsible for determining the tactics to be used in carrying out the mission(s) with the approval of the Incident Commander. The Tactical Team Commander or his designate shall be the only persons to direct, supervise, or control any element or member of the Tactical Team during a critical incident. PERSONNEL COMPLAINT PROCEDURE In the event of a complaint of misconduct, failure to comply with applicable law or policy, or negligence made against any member of the Tactical Team, such complaint shall be immediately forwarded to the Chief of the members' assigning agency. Investigations of, and responses to, any such complaint shall be the sole responsibility of the member's assigning agency. Each member agency shall cooperate fully in any such investigation, and shall make available its personnel and records to assist in the investigation to the extent permissible under existing law and applicable personnel rules. In the case of a complaint or complaints against members of the team from multiple assigning agencies, the Chiefs of Police, or their designees, shall determine how and by whom each such complaint shall be investigated and responded to, in compliance with the applicable procedures and contractual obligations of the assigning agencies. Each member of the Tactical Team shall fully cooperate with investigations. Any personnel administrative action resulting from such investigations shall be the sole responsibility of the member's assigning agency. FIREARMS Every officer assigned to the Foothills Tactical Team will carry a firearm in accordance with his /her department policies and procedures. Applicable departmental policies concerning the use of firearms shall apply. Any firearms carried by an officer on the Team must be approved by his/her department. The officer must meet their respective agency's qualifying requirements. SPECIAL WEAPONS AND EQUIPMENT The Tactical Team Commander will develop and implement appropriate procedures as they apply to the use of special weapons and equipment. 5 • • SHOOTING INCIDENT In the event that a team member uses deadly force during the performance of duty that results in injury or death, the Tactical Team Commander will ensure that immediate notification is made to the following entities: • The jurisdictional law enforcement agency in which the incident took place • The Los Angeles County Sheriffs Department's Homicide Bureau • The Watch Commander of the team member's respective agency • The Los Angeles County District Attorney's Rollout Team INVESTIGATION OF SHOOTING INCIDENTS In those cases where death or injury is the result of a shooting by a team member, the LASD Homicide Bureau will facilitate the investigation according to their department policy and procedure if the incident occurs within Los Angeles County. DISCHARGE OF WEAPONS A discharge of a weapon resulting in a miss or an accidental discharge shall be immediately reported to the Tactical Team Commander for follow -up investigation. TERMINATION OF PARTICIPATION This Memorandum of Understanding shall remain in full force and effect unless and until it is terminated by the affirmative vote of a majority of the cities. Any City may withdraw from membership in the Tactical Team at any time for any or no reason, upon giving not less than thirty (30) calendar days written notice to the Chiefs of Police, or their designees. Any cost, payment or reimbursement due from any withdrawing agency shall be paid in full or reimbursement due from any withdrawing agency shall be paid in full or otherwise released by the parties prior to the effective date of the withdrawal. ADDITIONAL AGENCY PARTICIPANTS The Member agencies may, in their sole discretion, approve an application by other qualified law enforcement agencies to join the Tactical Team, by at least a 2/3 vote of the current members of the Tactical Team. Approved new member agencies shall execute this MOU, as the same may be amended from time to time, prior to joining the Tactical Team. ENTIRE AGREEMENT This MOU represents the entire integrated agreement between the member cities relating to the Foothills Special Enforcement Team. No subsequent amendment to the MOU shall be valid unless it is in writing and executed by the representatives of the member cities. 11azm 'ff00 City Manager William R. Kelly Date City of Arcadia C ief Charles o ya Date Glendora Polic eaartmen 'r 9- � -05 ief r W. Joh son Date nro a olice Department var 1\/ a L-.?� oS ief Scott Pickwith Date La Verne Police Department APPROVED AS TO FORM Stephen Deitsch, City Attorney Date Arcadia City Attorney 1 Wayne Leech, City Attorney Datel City of Glendora 7 City of Monrovia ob Kress, City Attorney CITY OF LA VERNE • q /o6 /a.5— Date O � Date