Loading...
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: C - .o ,t,,~ RCs o\ B _B P'DM'q,~I~ l ~d.~. 11/18~97 ~11111111111~~ 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.