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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
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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.
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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.
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■ 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.
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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.
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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.
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City Manager William R. Kelly Date
City of Arcadia
C ief Charles o ya Date
Glendora Polic eaartmen
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ief r W. Joh son Date
nro a olice Department
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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
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