CR 01-052 Chief's Of Police Association Mutual Aid Pact
May 15, 2001
~
_ ..~ ~. P K\ ..~ ~ . Council Report 2001-52
Approval of H-rin pin County
Chi f' of Polic A sociation Mutual Aid Pact
Proposed Action
Staff recommends adoption of the following motion: Move to adopt Resolution 2001-25
aporovina the Henneoin County Chiefs of Police Association Mutual Aid Pact.
Overview
Law enforcement agencies in Hennepin County have conducted mutual aid requests for
personnel and equipment under a mutual aid pact since 1968. The current agreement expires
on July 1, 2001. A committee from the Chiefs of Police Association has met and provided a
document that has been updated to reflect current procedures. The pact allows a requesting
agency to request specific resources they feel best meet the needs of the situation. The pact
allows the sending agency to determine if they can meet the request without affecting the basic
coverage needs of their own service area. Management of the situation specifically remains
under the control of the requesting party. Responding officers remain under the control and
authority of their sending agencies' policies and procedures.
The Hennepin County Sheriff has volunteered to serve as administrative coordinator of the
pact.
As in previous versions of the pact, the sending party may not demand charges or costs for law
enforcement services rendered.
The Hopkins Police Department does enact this pact on a regular basis to request law
enforcement assistance from neighboring agencies. The Department does respond to requests
from neighboring agencies whenever possible.
Primary Issues to Consider
Parties waive the right to sue each other for any injury, death or worker's
compensation claim arising from the event.
The pact does not waive any provisions or liability limitations established in Chapter
486, Code of Minnesota.
Supportinalnformation
. Hennepin County Chiefs of Police Association Mutual Aid Pact, dated July 2001
Council Resolution 2001-25
&~~ a %-4<:/
Craig A. <<eid
Chief of Police
Financial Impact: $_0 Budgeted: Y/N
Related Documents (CIP, ERP,etc.):
Notes:
Source:
HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION
MUTUAL AID PACT
SIGNATURE PAGE
IN WITNESS WHEREOF, the undersigned have caused this Joint Powers Agreement
to be executed for the police agency Hopkins Police Department.
Dated: May 15, 2001
By:
Eugene Maxwell, Mayor City of Hopkins
Witness:
Terry Obermaier, City Clerk
.
City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 2001-25
A Resolution Adopting the Joint And Cooperative Agreement For Use Of Law
Enforcement Personnel And Equipment of July 1, 2001
From the Hennepin County Chiefs of Police Association Mutual Aid Pact
WHEREAS, the City of Hopkins has previously approved and participated in a mutual
aid agreement between the police agencies within Hennepin County to provide
cooperative use of police personnel and equipment; and
WHEREAS, such agreements have been in effect since 1965 and is authorized by
Minnesota Statutes, Section 471.59 and
WHEREAS, the participating governmental units have determined that it is advisable to
clarify and update the language of that agreement.
NOW, THEREFORE, be it resolved, by the City Council of the City of Hopkins, that the
Joint and Cooperative Agreement For Use of Law Enforcement Personnel and
Equipment, ("Agreement") dated July 1, 2001 from the Hennepin County Chiefs of
Police Association be approved; that the City of Hopkins is withdrawing from the
previous Hennepin County Mutual Aid Agreement on the effective date in the new
Agreement and that Chief Craig A. Reid is authorized and directed to execute said
Agreement on behalf of the City of Hopkins as a participating member of the
Agreement.
Adopted by the City Council of the City of Hopkins this 15th day of May 2001.
By
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
HENNEPIN COUNTY
CHIEF'S OF POLICE ASSOCIATION
.
MUTUAL AID PACT
Effective Date:
July 1, 2001
HENNEPIN COUNTY
CHIEF'S OF POLICE ASSOCIATION
MUTUAL AID PACT
Effective Date:
July 1. 2001
TABLE OF CONTENTS
FOREWORD ....... .aile................ ............ II. ................ II.. ...... ... .., ......... ._...."..." ... .......",,".. ..."....""..,, ...."..".4
JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT
PERSONNEL AND EQUIP MENT ........... .................. .......... ...... ........... .............. ............... ......7
I. GENERAL PURPOSE.. ....... ............. ............... ....... ........ ......... .... ...... ...... ............. .... ....7
II. DEFINITION OF TERMS.... .... ................ ...................... ... ....... ...... .......... ........ ... ........ ...7
III. PARTIES. ,........... ......... ......................... ................... ................ ................. ................8
IV. PROCEDURE ..... ............... ......... ............... ....... .............. .......... .......... .... ......... .........8
VI LIABLITY. ................ ..... ................. ................. ....... ............ ...... ................................ 10
VI. EFFECTIVE DA TE......................................... ............,........ ................ .................... 10
VII. WITHDRAWAL AND TERMINA TION...................................................................... 11
AVAILABLE RESOURCES ................................................. ...... ..................................... ......12
AIRPORT POLICE DEPARTMENT...... ...... ............ ................. ...... ..................... ............12
BLOOMINGTON POLICE OEPARTMENT .......... ............ ................. ....... ...... .......... .......15
BROOKLYN CENTER POLICE DEPARTMENT ............................................................17
BROOKLYN PARK POLICE DEPARTMENT .................................................................19
CHAMPLIN POLICE DEPARTMENT .... ..... ......................... ...... ............... .... ..... ........ .... .21
CORCORAN POLICE DEPARTMENT..................,........................................................ 22
CRYSTAL POLICE DEPARTMENT................... ............ ..................... ....... ................. ...24
DAYTON POLICE DEPARTMENT ...... ....... ...... ............ ....... ..... ......................... .............26
OEEPHA VEN POLICE DEPARTMENT............................................................ ~......... ....27
EDEN PRAIRIE POLICE DEPARTMENT.... ................................. .... ....... .................... ...29
EDINA POLICE DEPARTMENT........................... .................. ........................................31
GOLDEN VALLEY PUBLIC SAFETY DEPARTMENT....................................................33
HENNEPIN COUNTY SHERIFF'S OFFICE.. ................ ..... ...~ ................ ........................ 35
ADULT DETENTION DIVISION. .......... .... ........ .......... ...... .... ...... .... ....... ............... .......35
CIVIL PROCESS.... .......................................... ....... ............ ..................... ............. ...... 35
COURT SECURITY UNIT.... ................. ...... .......... ....... .... .......... ....... .............. ............36
CROWD CONTROUCIVILDISTURBANCES............................................................. 36
I NVESTtGA riVE DiViSiON....................... ....... .... ....................... ....... ........ ........ ........36
UNIFORMED PA TROt DIVISION ... ........ ...... .............. ............. ............. ................. .... 38
WARRANT UNIT .................. ... ..... .... ............ '" ..... ... .... .... .... ......... ............... .............. .42
HENNEPIN PARKS PUBLIC SAFETY...... ........ ....... ..... .................. ...... ....... ..... ......... ....43
HOPKINS POLICE DEPARTMENT.... ............ .......... ....... ....... ........ ...... .................. .... ....44
EMERGENCY RESPONSE UNIT............... ...... .......... ....... ..... ......... ........ ....... ....... .....51
BOMB DISPOSAL UNIT ......... ........ .......... .......................... ...... ..... ..... ...... ........ ....... ...51
PRECINCTS AND DIViSiONS........ ................. ................. ............... ............... ....... .... .52
MINNEAPOLIS POLICE RESERVES ........., ........ ......... ....... ......... ............... ........... ..... ..53
MINNEAPOLIS PARK POLICE................... ,................................ ..................... ...... .......54
MINNETONKA POLICE DEPARTMENT ..... ........................ .... ...... .... ...... ................. ......56
MINNETRISTA PUBLIC SAFETY DEPARTMENT .........................................................58
MINNESOTA ARMY AND AIR NATIONAL GUARD.......................................................60
MINNESOTA WING HEADQUARTERS..... .... ..... ....... ..... ....... .................. ...... ... .......... ...62
MOUND POLICE DEPARTMENT.. ...................... ........ ...................... ..... .......... ........... ..64
NEW HOPE POLICE DEPARTMENT. .............. ... ......................... ........ .........................66
ORONO POLICE DEPARTMENT.. ...... .... ...... ...... ........ ......... .... ........................ .... ...... ...68
OSSEO POLICE DEPARTMENT................................................................................... 70
PLYMOUTH POLICE OEPARTMENT.. ......... ............~......... .................... ....................... 71
RICHFIELD DEPARTMENT OF PUBLIC SAFETY ........................................................73
ROBBINSDAlE POLICE DEPARTMENT ..,....... ........ ..... ... ......... ...... ......... ........ ......... ... 75
ROGERS POLICE DEPARTMENT ....... .................... .... ......... ......... ............ ...... ............. 77
SOUTH LAKE MINNETONKA POLICE DEPARTMENT.................................................78
ST. ANTHONY POLICE DEPARTMENT..... ...... .... ....... ....... ...... .......... ...... ........ ... .......... 80
ST. LOUIS PARK POLICE DEPARTMENT. ...................................................................82
UNIVERSITY OF MINNESOTA POLICE DEPARTMENT ..............................................84
WA YZA TA POLICE DEPARTMENT.. ....... ............ .......... ..............,............................ ....85
WEST HENNEPIN PUBLIC SAFETY DEPARTMENT....................................................86
SAMPLE RESOLUTION ... .......................... ........ ......... ............ .............. ......... .... .... ............. .... 87
SIGNATURE PAGE. ......... ....... ........... ............ ........ ..... ... .................. ............ ............ ... ....... ......88
Hennepin County Chiefs of PoIic Association Mutual Aid Pact
Effective: July 1, 2001
3
HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIA TION
MUTUAL AID PACT
Effective July 1, 2001
FOREWORD
The Mutual Aid Committee of the Hennepin County Chiefs of Police Association was tasked
with revising and updating the mutual aid pact among all the police agencies of Hennepin
County. The original pact was created in 1968 with the various agencies joining the. pact
throughout the years. Many provisions of the original pact were continued into the new pact.
The Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment in
Hennepin County C'Joint Powers Agreemenf') was updated to reflect accurately the procedures,
address current issues and enhance the ability of departments to share resources with each
other. Each agency's resources will be included in the new pad.
The general purpose of the pact is to permit agencies to share law enforcement resources with
other agencies in Hennepin County. The Joint Powers Agreement specifically allows a
requesting party to select the resources that best meets the needs of a. given situation. A
requesting party may call upon any other participating party for mutual aid. There is no
requirement to make requests through a particular party. In addition, the Joint Powers
Agreement should not be interpreted as restrictive in providing resources to deal with only major
catastrophic situations. Participating parties can utilize the resources for many reasons
including routine circumstances such as training efforts and back-up patrol service. This pact
provides the flexibility for all agencies to use the resources located among all participating
parties in Hennepin County.
The decision as to when to invoke mutual aid and whether to respond is left to the discretion of
the requesting or responding party. Each agency should acquaint supervisory personn I with
Hennepin County Chief's of Police Association Mutual Aid Pact
Effective: July 1, 2001
4
any internal procedures used for mutual aid. While the Joint Powers Agreement does not
require particular words or actions to initiat mutual aid, agencies should be clear about whether
mutual aid was requested and what type of assistance is being provided. Furthermore, each
officer within a department should have a basic familiarity with mutual aid, the responsibilities
when reporting to another agency and the protections afforded under the agency's worker's
compensation.
Management of a mutual aid situation specifically remains under the control of the requesting
party. The sending party retains direction and control of any personnel provided. Yet, the
sending party must coordinate with the requesting party the law enforcement assistance
provided.
A reminder about the time commitments for mutual aid requests. While there is no hard and
fast time limit, the commitment of resources can be taxing on agencies. And, in some
situations, an advantage can be gained by ending a mutual aid request and entering into some
contractual assistance. Especially when the law enforcement costs need to be tracked or can
b recovered from other sources.
The Hennepin County Sheriffs Department ("Sheriff') has again volunteered to serve as the
administrative coordinator of the pact. As communities adopt the Joint Powers Agreement, the
appropriate documentation and signature page need to be forwarded to the Sheriff. The Sheriff
will maintain a current list of the participating parties. The Sheriff will also distribute updates on
available resources.
The effective date for the new Joint Powers Agreement is July 1, 2001. This date was
established to allow enough time for agencies to receive th appropriate authority and to
Hennepin County Chief's of PoHc Assoriation Mutual Aid Pact
Effective: July 1, 2001
5
provide some finality between the old pact and the new pact. When a party elects to enter into
the new Joint Powers Agreement, their participation in the old pact will cease on July 1, 2001.
Some agencies may elect to not participate in this pact; those agencies would be bound under
other mutual aid agreements or state statutes.
Again, this pact should be viewed as a means whereby partiQpating parties may receive any
needed assistance from other law enforcement agencies when such a request is made.
The Mutual Aid Committee of the Hennepin County Chief's of .Police Association;
Chief Joel Downer, Brooklyn Center
Chief Dean Mooney, Metro Transit
Chief Dan Scott, Richfield
Chief Jim Welna, Airport (MAC)
Director Tim Turnbull, Hennepin County Emergency Preparedness
Mr. John Kedrowski, MAC Associate Attorney
Mr. Scott Williams, Richfield Emergency Preparedness
Captain Bill Chandler, Hennepin County Sheriffs Office
Lieutenant Joni Schauer, Metro Transit
Hennepin County Chiefs of PoRce Association Mutual Aid Pact
Effective: July 1, 2001 .
6
JOINT AND COOPERATIVE AGREEMENT FOR
USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT
I. GE~ERALPURP9SE
The general purpose of this Joint and Cooperative Agreement for Use of Law
Enforcement Personnel and Equipment ("Agreemenf') is to provide a means by which a Party to
this Agreement may request and. obtain Law Enforcement Assistance from other Parties when
the Party deems such assistance necessary. This Agreement is made pursuant to Minnesota
Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers
common to the Parties.
II. DEFINITION OF TERMS
For the purposes of this agreement, the terms defined in this section shall have the meanings:
Subd. 1. "Eligible Party" means a governmental unit that is permitted to become a Party
to this agreement, at its own option. . The Eligible Parties are the County of Hennepin and every
governmental unit authorized to exercise police powers within the County of Hennepin, State of
Minnesota.
Subd. 2. "Law Enforcement Assistance" means equipment and personnel, including but
not limited to, licensed peace officers and non-licensed personnel.
Subd. 3. "Party" means a govemmental unit that elects to participate in this Agreement.
Subd. 4. "Requesting Officiar means a person who is designated by the Requesting
Party to request Law Enforcement Assistance from other Parties.
Subd. 5. "Requesting Party" means a Party that requests Law Enforcement Assistance
from other Parties.
.
Subd.6. "Sending Officiar means a person who is designated by a Party to determine
whether and to what extent that Party should provide law Enforcement Assistance to a
Requesting Party.
Hennepin County Chiefs of Police Association Mutual Aid Pact
Effective: July 1, 2001
7
Subd. 7. "Sending Party'~ means a Party that provides Law Enforcement Assistance to a
Requesting Party.
Subd. 8. "Sheriff' means the Hennepin County Sheriff or designee.
III. PARTIES
The Parties to this Agreement shall consist of as many Eligible Parties that approve this
Agreement and execute a separate signature page to become Parties. Upon approval, the
executed signature page of this Agreement shall be sent to the Sheriff along with a certified
copy of the documentation evidencing approval.
Approval of this Agreement by a Party shalt be evidenced by:
. for a municipality, a resolution adopted by the governing body, or
. for anon-municipality, a resolution adopted by the goveming body or a letter
executed by an official with sufficient authority to bind that party which recites the
basis of that authority.
IV. PROCEDURE
Subd. 1. Each . Party shall designate, and keep on file with the Sheriff, the name of the
person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may
designate the same person as both the Requesting Official and the ~endjng Official. Also, a
Party may designate alternate persons to act in the absence of an official.
Subd.2. Whenever, in the opinion of a Requesting Official of a Party, there is a need for
Law Enforcement Assistance from other Parties, such Requesting Official may, at their
discretion, call upon the Sending Official of any other Party to furnish Law Enforcement
Assistance to and within the bOundaries of the Requesting Party.
Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party,
the Sending Official may authorize and direct personnel of the Sending Party to provide Law
Enforcement Assistance to the Requesting Party. Whether the Sending Party provides such
Law Enforcement Assistance to the Requesting Party and, if so, to what extent such Law
Enforcement Assistance is provided shall be determined solely by the Sending Official (subject
to such supervision and direction as may be applicable within the governmental structure of the
Hennepin County Chiefs of Police Association Mutual Aid Pact
EffecUve: July 1, 2001
8
Party by which they are employed). Failure to provide Law Enforcement Assistance will not
result in liability to a Party.
Subd. 4. When a Sending Party provides Law Enforcement Assistance under the terms
of this agreement, it may in turn request Law Enforcement Assistance. from other Parties as
"back-up" during the time that such Law Enforcement Assistance is provided.
Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a
Requesting Party, the Sending Official may at any time recall such Law Enforcement Assistance
or any part thereof, if the Sending Official in their best judgment deems such recall necessary to
provide for the best interests of their community. Such action will not result in liability to any
Party .
Subd. 6. The Requesting Party shall be in command of all situations where law
Enforcement Assistance is requested. The Sending Party shall coordinate with the Requesting
Party the Law Enforcement Assistance that it provides.
Subd. 7. When a Sending Party supplies personnel to a Requesting Party, such
personnel shall remain under the direction and control of the Sending Party; shall be subject to
the policies and procedures of the Sending Party; shall be paid by the Sending Party; shall be
protected by the worker's compensation of the Sending Party; and shall otherwise be deemed to
be performing their regular duties for the Sending Party.
Subd. 8. A Sending Party shall be responsible for its own personnel, equipment, and
supplies and. for injuries or death to any such personnel or damage to any such equipment or
supplies. Unused equipment and supplies shall be returned to the Sending Party by the
Requesting Party when circumstances permit. Each party waives the right to sue any other
Party for any worker's compensation benefits paid to its own employee or volunteer even if the
injuries were caused wholly or partially by the negligence of any other Party. its officers,
employees or volunteers.
Subd. 9. A Sending Party shall demand no charges or costs for Law Enforcement
Assistance rendered under this Agreement.
Hennepin County Chiefs of Police Association Mutual Aid Pact
Effective: July 1, 2001
9
VI LIABLITY
The Requesting Party shall not be responsible for any injuries. losses or damages to
persons or property arising out of the acts of any of the personnel of a Sending Party nor shall
the Sending Party be responsible for any injuries. losses or damages ariSing out of the acts of
any personnel of the Requesting Party or the personnel of any other Sending Party. No Party
shall be responsible for injuries. deaths. losses or damages arising out of the actions of Law
Enforcement Personnel of any other Party.
By entering into this Agreement. the Parties are not waiving any provisions or liability
limitations established in Chapter 466, Minnesota Statutes.
For purposes of efficiency and similar interests, any Party to this Agreement may enter
into an agreement with another Party for defending any claim arising out of the Parties'
participation in mutual aid.
VI. EFFECTIVE DATE
This Agreement shall become effective and operative beginning July 1,2001, 12:01 A.M.,
local time, for tho~e Eligible Parties that have provided resolutions and executed documents to
the Sheriff by that date. An Eligible Party may join the Agreement after July 1, 2001, by
providing the necessary documents to the Sheriff. This Agreement shall continue in force until a
Party or this Agreement terminates under the provisions of Section VII.
Upon the beginning date of this Agreement or any time after the beginning date that an
Eligible Party joins, this Agreement shall supersede, replace and void for the Party the Joint and
Cooperative Agreement for Use of Police Personnel and Equipment. dated 1968, that provides
for mutual aid.
The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever
there is a change. shall notify the designated Sending Officials. The Sheriff shall send a copy of
each Party's executed signature page to all Parties of this Agreement.
Hennepin County Chiefs of Police Association Mutual Aid Pact
Effective: July 1, 2001
10
.
.
~
VII. WITHDRAWAL AND TERMINATION
A Party may withdraw at any time upon thirty (30) days' written notice to the Sheriff. The
Sheriff shall thereupon give notice of such withdrawal, and of the effective date thereof, to all
other parties. Parties that have withdrawn may rejoin after executing the appropriate resolution
and document. This Agreement will terminate when the . number of Parties to the Agreement
falls below eleven (11).
End of Agreement
Hennepin County Chiefs of Polic Association Mutual Aid Pact
Effective: July 1, 2001
11