HomeMy WebLinkAbout2009 Ordinance No. 033•
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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
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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
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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)
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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
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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