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HomeMy WebLinkAbout2013 Ordinance No. 059• ORDINANCE NO. '?q SERIES OF 2013 BY AUTHORITY COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE CITY OF ENGLEWOOD'S PARTICIPATION IN A MULTI-JURISDICTIONAL TEAM "THE ARAPAHOE COUNTY IMPACT TEAM" (ACIT) BETWEEN THE CITY OF ENGLEWOOD AND THE ARAPAHOE COUNTY SHERIFF'S OFFICE. WHEREAS, C.R.S 29-1-203 as well as Article XIV § 18(2) of the Colorado Constitution encourage governmental entities to make efficient and effective use of their powers and responsibilities through cooperation and the execution of intergovernmental agreements; and WHEREAS, the Arapahoe County Impact Team is a multi-agency law enforcement team that combines law enforcement resources, to better identify, investigate, and combat criminal activity • within Arapahoe County, Colorado; and • WHEREAS, one Englewood police investigator will be assigned to this multi-jurisdictional team to assist in criminal investigations of issues effecting not only Englewood but the entire Arapahoe County for a period of not less than 3 years subject to annual appropriation; and WHEREAS, the salary/benefits of the Englewood police investigator assigned to the Arapahoe County Impact Team salary/benefits will continue to be paid by the City of Englewood while that Investigator is assigned to the Arapahoe County Impact Team. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes Englewood's participation in the Arapahoe County Impact Team (ACIT), attached hereto as "Exhibit A". Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first re~ding on the 21 st day of October, 2013. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 25th day of October, 2013 . 9 bi Published as a Bill for an Ordinance on the City 's official website beginning on the 23 rd day of • October, 2013 for thirty (30) days . Read by title and passed on final reading on the 4th day of November, 2013. Published by title in the City 's official newspaper as Ordinance No.62 Series of 2013 , on the 8th day of November, 2013 . Published by title on the City's official website beginning on the 6th day of November, 2013 for thirty (30) days. , AT ST : I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is;-~e copy of the Ordinance passed on final reading and published by title as Ordinance No .~' Series of 2013. • • • • • INTER GOVERNMENT AL AGREEMENT This Agreement is made and entered into this day of ______ , 2013, bj and between ARAPAHOE COUNTY, Englewood, Greenwood Village, Littleton aud provides as follows: WHEREAS, Section 29-1-203 of the Colorado Revised Statues, as well Article XIV, Section 18(2), of the Colorado Constitution, encourage governmental entities to make efncient and effective use of their powers and responsibilities through cooperation and the execut~n of intergovernmental agreements; and WHEREAS, intergovernmental agreements may provide for the joint exercise of functions, services, or facilities lawfully authorized to each contracting governmental entity, and WHEREAS, the signatories to this agreement are each authorized by law to provide law enforcement and other emergency services; and , \VHEREAS, criminal activity commonly transcends the geographical boundaries of the separate governmental jurisdictions situated within the county of Arapahoe; and \VHEREAS, the parties hereto desire to share and coordinate resources in the enforcement, intervention, and prevention of criminal activity within the county of Arapahoe; and NOW THEREFORE, in consideration of the foregoing recitals and the mutual terms, covenants, and conditions set forth below, the signatories hereto voluntarily agree as follows: 1. The purpose of this agreement is to set forth a framework within which the parties hereto shall combine their law enforcement resources in order to better identify, investigate, and combat criminal activity within Arapahoe County, Colorado, through the creation of a special multi-jurisdictional criminal investigations unit comprised of members drawn from each participating jurisdiction. This unit shall be known as the Arapahoe County Impact Tearn ("ACIT"). Those entities participating in the formation and operation of the ACIT shall be referred to herein as "member jurisdictions." 2. Each member jurisdiction shall assign not less than one sworn law enforcement officer to the ACIT who shall serve on the unit on a fulltime basis during the assignment. All officers assigned to the ACIT shall have been adequately trained by their home jurisdiction in criminal investigative techniques and operations and have a documented history of successfully working within a special operations unit prior to their assignment. The total ·number of persons who shall or may be assigned to the ACIT from any one member jurisdiction shall be agreed upon by the participating entities from time to time as circumstances and needs warrant. Each member jurisdiction shall be solely responsible for the salary and other compensation paid the officer(s) it 1 E X H I B I T A may assign to the ACIT, and shall supply its ACIT officers such equipment, including, where appropriate, vehicles, necessary to allow both the officer and the ACIT to effectively carry out their respective duties and responsibilities. 3. Officers assigned to the ACIT shall serve a tour of duty of not less than f;:Sifii;f years unless the assignment is withdrawn by the officer's home jurisdiction or is otherwise terminated as elsewhere provided for in this agreement. Each officer and/or other person assigned to serve on the ACIT shall remain the employee of his or her home jurisdiction and shall, likewise, remain subject to and covered under that jurisdiction's liability and other insurance or self- insurance coverage, in addition to its personnel policies and procedures, inclusive of policies and procedures governing overtime, employment compensation and benefits, worker's compensation, vacation and sick time, grievances and discipline, job performance review, duty assignments, and termination. Each member jurisdiction shall also retain responsibility for the conduct of those officers it assigns to the ACIT and in the event a claim or legal action should be brought against an officer and/or the ACIT arising from the officer's conduct, the officer's home jurisdiction, at its sole cost, shall be responsible to defend and indemnify the officer consistent with the terms and limitations provided under the Colorado Liability of Peace Officers Statute and Governmental Immunity Act, COLO.REV.STAT. §§ 29-5-111 and 24-10-101, et seq., respectively. The provisions of this paragraph shall survive and remain in effect against any • member jurisdiction that should withdraw from participation in the ACIT, as well as the • termination of the agreement. 4. Officers serving on the ACIT shall be cross-deputized by each member jurisdiction so to vest them with full law enforcement authority when performing A CIT activities within the geographical boundaries of each jurisdiction. This authority shall remain effective during the term of the officer's assignment to the unit unless the same is withdrawn or terminated by the vesting member jurisdiction. 5. The ACIT shall operate from offices within the Arapahoe County Sheriff's Office ("ACSO") and the day-to-day management and tactical command of the ACIT shall rest in a lieutenant (the ACIT Commander) with the ACSO, who shall be assigned to the unit by the Arapahoe County Sheriff. Upon reasonable notice to the member jurisdiction and Arapahoe County Sheriff, the ACIT Commander shall have the authority and discretion to terminate the assignment of any officer upon such grounds as he or she may deem necessary or appropriate for the efficient and/or effective operation of the unit. 6. The operations of the ACIT shall be informed and guided by the policies and procedures of the ACSO, and the ACSO shall serve as the custodian and repository for all reports, evidence, and records compiled or generated by the ACIT' s activities. 7. The management and general operations of the ACIT shall be subject to joint review by the chief law enforcement officers from each member jurisdiction ( or their authorized designee) sitting together as they may deem necessary or appropriate from time to time. It is not • the intent of the member jurisdictions to create a separate legal entity or government 2 • • • subdivision/agency by the creation of the ACIT and any member jurisdiction may, within its discretion, withdraw from participation in the ACIT at any time upon providing written notice to the other members not less than thirty (30) days prior to such withdrawal. This agreement may also be terminated in its entirety upon the affirmative vote of a majority of the member jurisdictions. 8. No change, amendment, or waiver of any of the terms or provisions of this agreement shall be valid or binding unless the same has been approved in writing by all member jurisdictions. 9. This agreement is made solely for the benefit of the parties hereto and is not intended, nor shall it be deemed, to confer, give, or allow any rights or claim or right of action by any person or entity not signatory hereto. 10. This agreement embodies the entire agreement of the parties . There are no promises, terms, conditions, or obligations other than those contained herein; and this writing supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 11. This agreement may be executed in several counterparts and, as so executed, shall constitute one agreement, binding on all the parties even though all have not signed the same counterpart. Any counterpart which has attached to it separate signature pages which together contain the signature of all the parties shall be deemed a fully executed instrument for all purposes. 12. This agreement shall not be deemed a pledge of the credit of any signatory hereto, and nothing herein shall be construed to create a multiple-fiscal year direct or indirect debt or financial obligation. 13. This agreement shall not become effective or be binding against any member jurisdiction except upon the affirmative written approval or authorization of the legislative body for such jurisdiction. IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above . 3 • ARAPAPHOECOUNTYSHERIFF Grayson Robinson CITY OF ENGLEWOOD, COLORADO Randy P. Penn, Mayor Loucrishia A. Ellis, City Clerk • • 4 • COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 21, 2013 9 a i Intergovernmental Agreement - Multi-Agency Law Enforcement Team Initiated By: Staff Source: Police Department Jeff Sanchez, Deputy Chief COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This topic was discussed at a Study Session on October 29, 2012. At that time, Council approved the Police Department's participation in the Arapahoe County Impact Team by sending at least one officer to this task force. At that time, the Intergovernmental Agreement had not been drafted. RECOMMENDED ACTION The Police Department is recommending that City Council approve an Intergovernmental Agreement between Englewood Police and Arapahoe County Sheriff's Office authorizing Englewood's participation in a multi-agency law enforcement task force and authorizing the Mayor to sign this Intergovernmental Agreement. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The Arapahoe County Impact Team is a multi-agency law enforcement team that combines law enforcement resources in order to better identify, investigate, and combat criminal activity within Arapahoe County, Colorado. One Investigator from Englewood Police will be assigned to this multi-jurisdictional team to assist in criminal investigations of issues affecting not only Englewood but the entire {Arapahoe) County. FINANCIAL IMPACT There will be no financial impact. A current member of the Englewood Police will be assigned to this Arapahoe County IMPACT Team. The salary/benefits of this Investigator will continue to be paid by the City of Englewood while assigned to the Arapahoe County IMPACT Team . LIST OF ATTACHMENTS Proposed Bill for an Ordinance