Police Department Action Officer: Ira Jones, Police Chief. Authorize Police Chief to Enter into Mutual Aid Agreements

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1 Briefing Sheet Version 1 Update Dates: Lead Department: Subject: Police Department Action Officer: Ira Jones, Police Chief Authorize Police Chief to Enter into Briefing: Public Hearing: None Action: Item Schedule Schedule 1: Brief twice vote once (six weeks) Schedule 2: Brief once vote once (two weeks) Schedule 3: No briefing required (one week) Select One Updates/History of Briefing: NOT APPLICABLE Executive Summary and Background Information: As a formality and according to North Carolina General Statute 160A-266*, the Town Council must approve the Police Chief to enter into. The Town of Morrisville has several mutual aid agreements through the current Police Chief with other agencies as follows: Year Entity 2012 Durham Co. Sheriff 2011 RDU Airport 2010 Wake Med Campus Police Wake Forest Police Winston-Salem Police 2009 Wendell Police Knightdale Police Garner Police 2008 Chatham Co. Sheriff Raleigh Police Cary Police 1 of 4

2 2007 Fuquay-Varina Police Durham Police 2006 Rolesville Police Holly Springs Police 2005 Apex Police *NCGS 160A-266: 160A-288. Cooperation between law-enforcement agencies. (a) In accordance with rules, policies, or guidelines officially adopted by the governing body of the city or county by which he is employed, and subject to any conditions or restrictions included therein, the head of any law-enforcement agency may temporarily provide assistance to another agency in enforcing the laws of North Carolina if so requested in writing by the head of the requesting agency. The assistance may comprise allowing officers of the agency to work temporarily with officers of the requesting agency (including in an undercover capacity) and lending equipment and supplies. While working with the requesting agency under the authority of this section, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those he normally possesses. While on duty with the requesting agency, he shall be subject to the lawful operational commands of his superior officers in the requesting agency, but he shall for personnel and administrative purposes, remain under the control of his own agency, including for purposes of pay. He shall furthermore be entitled to workers' compensation and the same benefits when acting pursuant to this section to the same extent as though he were functioning within the normal scope of his duties. (b) As used in this section: (1) "Head" means any director or chief officer of a law-enforcement agency including the chief of police of a local department, chief of police of county police department, and the sheriff of a county, or an officer of one of the above named agencies to whom the head of that agency has delegated authority to make or grant requests under this section, but only one officer in the agency shall have this delegated authority at any time. (2) "Law-enforcement agency" means only a municipal police department, a county police department, or a sheriff's department. All other State and local agencies are exempted from the provisions of this section. (c) This section in no way reduces the jurisdiction or authority of State law-enforcement officers. (d) For purposes of this section, the following shall be considered the equivalent of a municipal police department: (1) Campus law-enforcement agencies established pursuant to G.S. 115D-21.1(a) or G.S (a). (2) Colleges or universities which are licensed, or exempted from licensure, by G.S and which employ company police officers commissioned by the Attorney General pursuant to Chapter 74E or Chapter 74G of the General Statutes. (3) Law enforcement agencies operated or eligible to be operated by a municipality pursuant to G.S (2). (4) Butner Public Safety Authority. (5) A Company Police agency of the Department of Agriculture and Consumer Services commissioned by the Attorney General pursuant to Chapter 74E of the General Statutes. (1967, c. 846; 1971, c. 698, s.1; c. 896, s.4; 1977, c. 534; 1981, c. 93, s. 2; 1987, c. 671, s. 4; 1989, c. 518, s. 2; 1991, c. 636, s. 3; 1991 (Reg. Sess., 1992), c. 1043, s. 6; , s. 1; , s. 4; , s. 8; , s. 4; , s. 1; , s. 4.) Staff Recommendation: Adopt Resolution Authorizing the current Police Chief to enter into, therefore making them valid by NCGS 160A-288. Attachments: None Advisory Board/Committee Review: 2 of 4

3 None Board/Committee Recommendation: Not Applicable Advisory Board/Committee Meeting Date and Minutes: Not Applicable Meeting Perspectives and Goals Adopted by the Council: (Select by checking the box for all Initiatives that are met by this briefing sheet s proposal. Area for additional comments under table. ) Perspectives Goals Serve the Community Promote an Environmentally Sensitive & Livable Community Provide a Safe Community Deliver Quality Services Foster a Healthy Community Run the Operations Enhance Community Preparedness & Responsiveness Maximize Partnership Opportunities Provide Courteous & Responsive Customer Service Model a Positive Town Image Deliver Efficient Services Cultivate Community Involvement & Access Manage the Resources Maintain Fiscal Strength Maximize Utilization & Resources Invest in Infrastructure & Transportation Develop Personnel Develop a Skilled & Diverse Workforce Create a Positive & Rewarding Work Culture Perspectives and Goals Additional Comments: None Resource Impact: Staff time required if item is approved: Low Other Potential Impacts: All potential impacts are addressed in the resolution. Staff Coordination: Check the box for those required to comment on left. To comment-click in the box and select. (2 nd Briefing is used when information has significantly changed from the first briefing.) Required Staff Member 1 st Briefing 2 nd Briefing 3 of 4

4 Town Manager Agree No Comment Town Clerk Reviewed No Comment Senior Director Business Management Reviewed No Comment Budget and Analysis Manager No Comment No Comment Accounting Manager No Comment No Comment Information Technology Director No Comment No Comment Contracting and Purchasing Manager No Comment No Comment Senior Director Development Services Agree No Comment Planning Director No Comment No Comment Town Engineer No Comment No Comment Building Codes Administrator No Comment No Comment Economic Development No Comment No Comment Senior Director Community Services Agree No Comment Risk Manager/Safety Officer No Comment No Comment Police Chief Originator No Comment Fire Chief No Comment No Comment Parks & Recreation Director No Comment No Comment Public Works Director No Comment No Comment Public Information Officer Reviewed No Comment Town Attorney No Comment No Comment Human Resources Manager No Comment No Comment Disagree or comment, explain: Public Information Plan: What will be used to notify residents or gain public involvement during the briefing process (prior to adoption)? Public Hearing (Required by GS) Public Hearing (Not Required by GS) Newspaper Notice (Required by GS) Newspaper Notice (Not Required by GS) Public Forum/Input Session Press Release Morrisville Connection E-News Distribution Social Media (Twitter, Facebook, etc.) Website Notice Special Mailing Survey Flyers Posted None Required Other: Town Council Approved Minutes: (Staff Member/Action Officer Insert Minutes here after Council Adoption) 4 of 4

5 TOWN OF MORRISVILLE * PO BOX 166 * MORRISVILLE, NC RESOLUTION OF THE MORRISVILLE TOWN COUNCIL AUTHORIZING THE POLICE CHIEF TO ENTER INTO MUTUAL ASSISTANCE AGREEMENTS WITH OTHER LAW ENFORCEMENT AGENCIES WHEREAS, pursuant to North Carolina General Statues 160A-288, the governing body of a city may adopt appropriate guidelines for the purpose of mutual assistance with other municipal and county law enforcement agencies; and WHEREAS, pursuant to said laws, the law enforcement assistance to be rendered authorizes lending officers to work temporarily with officers of the requesting agencies, including in an undercover capacity, and lending equipment and supplies; and WHEREAS, it is deemed to be in the best interests of the citizens of the Town of Morrisville to adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be both rendered to and obtained from other governmental jurisdictions; and WHEREAS, such reciprocal assistance is necessary for effective law enforcement for the protection of the citizens of the Town of Morrisville: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF MORRISVILLE TOWN COUNCIL THAT: 1. The Chief of Police is hereby authorized to enter into mutual assistance arrangements with other municipal and county law enforcement agencies, provided that the head of the requesting law enforcement agency makes such a request in writing; and 2. The Chief of Police is hereby authorized to permit officers of the Town of Morrisville Police Department to work temporarily with officers of the requesting agency, including in an undercover capacity, and the Chief of Police may lend such equipment and supplies to requesting agencies as he deemed advisable; and 3. All such requests and authorizations shall be in accordance with North Carolina General Statutes 160A-288, as applicable; and 4. While working with a requesting agency, an officer shall have the same jurisdiction, powers, rights, privileges and immunities, (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those the officer normally possesses; and 5. While on duty with requesting agency, an officer shall be subject to the lawful operational commands of the officer s superior officers in the requesting agency, but the officer shall for personnel and administrative purposes, remain under the control of the officer s own agency, including for purposes of pay. An officer shall furthermore be entitled to worker s compensation and the same benefits to the extent as though he were functioning within the normal scope of the officer s duties; and Page 1 of 2

6 6. The Chief of Police is hereby authorized to enter into mutual assistance agreements with other law enforcement agencies in accordance with such reasonable arrangements, terms and conditions as may be agreed upon between the respective heads of the law enforcement agencies. Approved this 27 day of March, ATTEST: J. S. Holcombe, Mayor Diana R. Davis, Town Clerk Page 2 of 2