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HomeMy WebLinkAbout2009 Ordinance No. 033• • • ORDINANCE NO . _3Q SER[ES OF 2009 CONTRACT N , (, 3, ~ OO 9 BY '\UTMORITY COUNC rL BrLL NO . 34 INTRODUCED BY COUNC JL MEMBER PENN AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE ADAM WALSH TASK FORCE -COLORADO BETWEEN THE PARTICIPATING LAW ENFO RCEMENT AGENCIES AND THE CITY OF ENGLEWOOD , COLORADO WfllCH FOCUSES ON THE IDENTIFICATJON , INVESTIGATION, LOCATION AND APPREHENSION OF NON-COMPLIANT SEX OFFENDERS FOR POSSIBLE ST A TE OR FEDERAL PROSECUTIONS UNDER THE AUTHORITY AND UMBRELLA OF THE HIGH INTENSITY DRUG TRAFFICKING AREA , FUGITrvE LOCATION AND APPREHENSION GROUP TASK FORCE . WHEREAS , the operational coordination and oversight of the task force will be the respon sibili ty of the United States Marshals Service (USMS); and WHEREAS , the Adam Walsh Task Force -Co lorado was formed as a multi agency-task force focusing on the identification, investigati on, location and apprehension of non.compliant sex offenders for possible state or federal prosecutions under the authori ty and umbrella of the High Intensity Drug Trafficking Arca (H .1.D.T.A.), Fugitive Location s and Apprehension Group (F.L.A.G .) Task Force; and WHEREAS, each panicipating agency agrees to assign at least one inves tigat or and/or analyst 10 the task force to provide investigative support to the group and to serv e as a liaison for their respective agenci es for investigative and operationa l support ; nnd WHEREAS, th e passage of thi s ordinance authorizes the Cit y of Englewood to panicipate in the Adam Walsh Task Force and to assist them while conducting investigations within the Ci ty of Englewood ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUN CJL OF THE CITY OF ENGLEWOOD , COLORADO. AS FOLLOWS : Section I. TI,e Inter governmental Agreement "Adam Wal sh Ta sk Force -Colorndo Memora ndum of Understan ding'', attached heret o as hhibit A, is hereby acce pted and approved by th e Englewood Ci ty Council. Secti on 2. TI,e Chief of th e Eng lew ood Police Dcpanmenl and the Cit y Clerk are authori zed to execute and attest said Agreement for and on behalf of the Cit y of Englewood . Introdu ced , read in full , and pass ed on first reading on the 3rd day of August , 2009 . Published as a Bill for an Ordinance in the Cit y's officia l newspaper on the 7~ day of Augus t, 2009 . 9 b ii Published as a Bill f;~ an Ordin ance o. , .. ~1t y's offi cia l web site beginning on th e 5th day of AU!,'USI , 2009 for lhiny (30) days . Read by title and passed on final reading on the 17th day of August, 2009 . Publi shed by titl e in the Cit y's official newsp aper as Ordinance No.3.3, Series of 2009 , on the 2 I s1 day of August, 2009 . Publi shed by title on the City 's offic ial web site beginnin g on the 19th day of August, 2009 for thiny (30) days . 1, Loucri shia A. Elli s, City Cl erk of the City of Englewood , Colorado , hereby ce ni fy that the abo ve and foregoing i~a .J.ruc copy of the Ord inance passed on fi I reading and pub lished by titl e as Ordinance No .~, Series of 2009 . • ADAM WALSH TASK FORCE -COLORADO MEMORANDUM OF UNDERSTANDING MISSION and PURPOSE: This Memorandum of Understanding (MOU) is entered into by the panicipating law enforcement agency and the United States Marshals Service (USMS), District of Colorado for the purposes of participating in the Adam Walsh Task Force -Colorado. This is a multi agency- task force focusing on the identification, investigation, location and apprehens ion of non - compliant sex offenders for possib le state or federal prosecutions under the authority and umbrella of the High Intensity Drug Trafficking Area (H.I.D.T.A.), Fugitive Location and Apprehension Group (F.L.A.G .) Task Force. SUPERVISION: Operational coordination and oversight of the task force will be the responsibility of the USMS . • Each task force officer will, for administrative pW')loses , repon directly to their agency • superv isor . Supervision of the personne l assigned to the task force , and their conduct, will be the 1 espon.sihili :y of the supervisors of each participating agency . PERSONNEL: Each participating agency agrees to assign at least one investigator and/or analyst to the task force. They "~II work in their capacity to provide investigative suppon to the group and to serve as a liaison for their respective agencies for investigative and operational su ppon. Each member agency will be responsible for compensation and wages, to include overtime pay , for its own personnel. Apprehension team members from local, state, or county law enforcem ent agencies must be officers who have been dep uti zed as Special Deputy U. S. Marshal . Special Deputations of task force law enforcement officers will be effecti,·e only when they are ass ign ed to th e task force and perfonning work for th e task force . RECORDS AND REPORTS: Each participating agency is respc,nsible for maintaining the case files of investigations generated by their particular agency. All cases referred to the task force will be submined on a USM-Form 560 . This form will be submitted to the US MS Task Force Coordinator for use in statistical , informational and tracking purpo ses . All case s that ha ve been ope ned wi ll be entered into th e USMS , Justice Detain ee Information System (JDIS). USE OF FORCE: Each men ber of the task t'o rce will comply with their agency 's guidelines concerrjng the use of fo rc e. · NEWS MEDIA : Media inquiries regarding the Task Force will be referred to the United States Marshals Service . A press release may be issued , and a press conference held , but only upon agreement by the participating agency head(s). All press releases will make reference to the task force with emphasis of the combined efforts of the task force . RELEASE OF LIABILITY: Each agency will be responsible fo r th e acts or omissions of its e,ployees. Participating agencies or their employees shall not be considered as the age nt s of any other participating • agenc y. Nothing herein waives or limits sovereign immunity under federa l or state statutory or • constitutional law . DURATION: This MOU is i,••ended to remain in effect indefinitely . However, participating agencies may withdr.w their participati on at any time after a thirty da y written notice to the U.S . Marshal , Di strict of Colorado. Thi s document consisting of three (3) pages is agreed to this _______ day of ______ 200_. United States Marshal Di strict of Colorado Uni ted State s Attorney District of Col orado Law Enforcement Agency Head _________ (.Agency) • • • • Law Enfo rcement Age ncy Head _________ (Age ncy ) Law Enforce men t Age.ncy Head _________ (Agen cy) Law Enfo rce ment Agency Head _________ (Agen cy) Law Enforcement Agency Head _________ (Agency) Law Enforce ment Agency Head _________ (Agency) Law Enforcement Agency Head _________ (Age ncy) Law Enforcement Agency Head _________ (,Age ncy) Law Enforceme nt Agency Head _________ (Agen cy) Law Enfo rceme nt Age nc y Head _________ (Age ncy) Law Enforcement Agency Head __________ (Agency) Law Enforcement Agency Head _________ (,Agency) Law Enforcement Agency He ad _________ (Agency) Law Enforcement Agency Head _________ (Agency) Law Enforcement Agency Head _________ (Age ncy) Law Enfo rcement Age ncy Head (Signarure and Printed Name) 'l1howas .E. Vca.nd~rmt:e, Ch i t:;f oz: Po.J..ice City of Englewood Police Ch ief Agency Date 4 • • • • • • COUNCIL COMM U NICATION Dale : Agenda Item : Subjecl: August 3, 2009 11 a ii Memorandum o f Unders tanding - Adam W als h Task Fo rce Initiated By: I Staff Source : Po lice Department Jo hn Co llin s, D epu ty C hi ef of Po li ce COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N o ne RECOMMENDED ACTION The Po lice D epa rtm en t is recommending that City Council adopt a bill for an ordinan ce authorizing th e Chief of Po li ce to sign a Mem o randum of Unders tanding with the U nited States Marshals Service fo r Engl ewood 's participation in th e Adam Wa lsh Task Force . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th is Memo randum of Understandi ng (MOU) is entered into by th e participating law enforcement age ncy and th e United Stat es Marsha ls Servi ce (US MS), Distric t o f Colo rad o for th e purposes of participating in th e Adam Walsh Task Fo rce -Colorado. Thi s is a m ulti-agency task force focusin g o n th e id en tifica ti o n, in ves tigati o n, loca ti o n and apprehension of no n-compliant sex o ffend ers fo r possi bl e state or federa l prosec utio ns und er th e autho rity and umb rell a of th e High Intensi ty Dru g Traffi ckin g Area (H .1.D .T.A.), Fugitive Lo catio n and Apprehensio n Group (F.L A.G .) Ta sk Fo rce. A signed Memorandum of Underst anding is requi red by th e Adam Walsh Task Fo rce in order for th e En glewood Po li ce D epartm ent to ass ist th em w hil e conductin g in ves ti ga ti ons w ithin the City of Englewood . FINANCIAL IMPACT None LIST OF ATTACHMENTS Bill for an Ordinance