R97-199 RESOLUTION NO. R97-/?~'
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING.AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO
SECTION 11~_ OF THE PALM BEACH COUNTY
LAW ENFORCEMENT AGENCIES COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY
COOPERATION AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, this matter was discuSsed at the Palm Beach County
Association of Chiefs of Police meeting on September 25, 1997, as well as at the
Law Enforcement Planning Council on October 2, 1997; and
WHEREAS, it is the consensus of both groups that this amendment is a
significant step towards providing an additional deterrent against violent crime in
Palm Beach County; and
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff hereby deems it to be in the best interests of the
residents and citizens of the City to execute an Amendment to Section III of the
Palm Beach County Law Enforcement Agencies Combined Operational
Assistance and Voluntary Cooperation Mutual Aid Agreement, which is attached
hereto as Exhibit ~'A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to execute an
Amendment to Section III of the Palm Beach County Law Enforcement Agencies
Combined Operational Assistance and Voluntary Cooperation MUtual Aid
Agreement, which is attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~J'q' day of December, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Mayor /
ATTEST:
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,t,,~ RCs o\ B _B P'DM'q,~I~ l ~d.~. 11/18~97
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Vice Mayor
AMENDMENT TO SECTION !11 OF THE
PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES
COMBINED
OPERATIONAL ASSISTANCE AND, VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, it is in the interest of public safety to allow sworn. Law
Enforcement Officers to act when witnessing a violent crime in progress.
NOW, THEREFORE, THE SUBSCRIBING AGENCIES AGREE TO AMEND
SECTION I!!, 'PROCEDURE FOR REQUESTING ASSISTANCE' BY:
DELETING PARAGRAPH THREE (3):
No Agency Head or his/her designated representatives shall be empowered under this
Agreement to operate in another jurisdiction without prior approval of the Agency Head
having jurisdiction.
AND INSERTING THE FOLLOWING PARAGRAPH:
Should a sworn law enforcement officer (officer) be in another subscribed agency's
jurisdiction and violation of Florida Statutes occurs, which is a cdme of violence, in the
presence of said o~ce'-'r, he/she shall be empowered to exercise authority as a !aw
enforcement officer as if the officer was in his/her own jurisdiction. Should enforcement
action be taken, said officer shall notify the agency having normal jurisdiction and upon the
latter's arrival, turn the situation over to them and offer any assistance requested including,
but not limited to, a follow-up written report documenting the event and the actions taken.
This~ provision so prescribed in this paragraph is not intended to grant general authority to
conduct investigations, serve warrants and/or subpoenas or to respond without request to
emergencies already being addressed by the agency of normal jurisdiction, but is intended
to address critical, life-threatening or public safety situations, prevent bodily injury to
citizens, and/or secure apprehension of violent criminals whom the law enforcement officer
may encounter.
It is recommended that any Department with an off duty General Order should
amend said order to add the following:
Off duty Officers taking action outside the (name of agency)
jurisdiction'will be acting as a private citizen unless operating under a
Mutual Aid Agreement where such action in another jurisdiction is
authorized.