2009-05COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement
between the City of Blair, Nebraska, and Washington County, Nebraska, regarding the exercise
of extra territorial law enforcement authority.
WHEREAS this Agreement would promote better cooperation between these two law
enforcement agencies located in Washington County and would better serve and protect the
citizens of Blair, Nebraska.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby
approved by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE
CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the
City of Blair, Nebraska, any documents that may be necessary for approval of said agreement.
BE IT FURTHER RESOLVED that upon execution of the attached Interlocal Agreement
by all of the parties thereto, the representatives of the City of Blair, Nebraska, be and hereby are
authorized to serve as a part of the newly formed agency.
COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SHEPARD, KEPHART, FANOELE,
ABBOTT, WOLFF, JENSEN AND CHRISTIANSEN VOTING "AYE ", AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AD ADOPTED THIS 24 DAY OF FEBRUARY, 2009.
ATTEST:
�vlJ
BRENDA R. WHEELER, CITY CLE
(SEAL)
RESOLUTION 2009 -5
CITY OF BLAIR, NEBRASKA
JA . REALPH, MAYOR
STATE OF NEBRASKA
)
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution
was passed and adopted at a regular meeting of the Mayor and City Council of said City held on
the 24th day of February, 2009.
ii
BINDA R. WHEELER, CITY CLERK
WHEREAS the County of Washington, Blair, Nebraska (hereinafter referred to as
Washington County) has been presented with an Interlocal Agreement between the City of
Blair, Nebraska, and Washington County, Nebraska, regarding the exercise of extra territorial
law enforcement authority.
WHEREAS this Agreement would promote better cooperation between these two law
enforcement agencies located in Washington County, Nebraska, and would better serve and
protect the citizens of Blair, Nebraska.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
WASHINGTON COUNTY, NEBRASKA, that the Interlocal Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is
hereby approved by Washington County, Nebraska.
BE IT FURTHER RESOLVED THAT THE BOARD OF SUPERVISORS OF WASHINGTON
COUNTY, NEBRASKA, are hereby authorized to execute and deliver, on behalf of Washington
County, Nebraska, any documents that may be necessary for approval of said agreement.
BE IT FURTHER RESOLVED that upon execution of the attached Interlocal Agreement
by all of the parties thereto, the representatives of Washington County, Nebraska, be and
hereby are authorized to serve as a part of the newly formed agency.
Dated this IC Day of - )1a)z.01
ATTEST: %� t�
j 1 i 416i
Merry M. truhlsen, Washington County Clerk
RFSnI IJTION 2009 °-I14
BY 4^ _,
Du Wilcox, Cirm n
Washi ton County Board of Supervisors
, 2009.
INTERLOCAL COOPERATION AGREEMENT
THIS AGREEMENT is entered into as of this ip day of k, , 2009,
being the date the last parties hereto signs the Agreement, by and between the law enforcement
agencies of the Washington County Sheriff's Office and Blair Police Department, in Washington
County, Nebraska, of the State of Nebraska; herein collectively referred to as "Cooperating
Agencies" or "Agencies."
WHEREAS, the Cooperating Agencies wish to implement to the extent hereafter
provided the provisions of LB 254 passed by the 1994 Nebraska Legislature, codified as Sec. 29-
215, R.R.S. Reissue 1994 (herein "Sec. 29 -215) which became effective on February 28, 1994,
so as to empower law enforcement officers ( "Officers" as defined herein) of each of the
Cooperating Agencies to exercise extraterritorial law enforcement authority, including arrest,
within each of the other cooperating agencies, jurisdiction; and
WHEREAS, the Cooperating Agencies wish to provide for personnel backup and such
other assistance as any of the parties may require in time of emergency or other time of need; and
WHEREAS, the Cooperating Agencies have common goals, staffing needs, training
needs and other needs in common in the area of law enforcement, and the joint cooperation
contemplated by this Agreement will allow the parties each to provide improved law
enforcement services at less cost; and
WHEREAS, each of the Cooperating Agencies, as among themselves, wish to improve
law enforcement services and implement, to the extent herein provided, the authority given by
Sec. 29 -215 to law enforcement officers of each of the Cooperating Agencies hereto to enforce
the laws of this state and legal ordinances of Cooperating Agencies; and
WHEREAS, the Cooperating Agencies wish to formalize their understanding pursuant to
the Interlocal Cooperation Act of the State of Nebraska, Neb. Rev. Stat. § 13 -801 et. seq., as
amended (herein "Interlocal Cooperation Act ").
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1) Defmitions: As used herein the following terms shall have the following
meanings:
Page 1 of 9
a) "Cooperating Agency" shall mean the board comprised of the Agency heads
of the Coordinating Agencies, or their designees, who shall be responsible for
administering this cooperative undertaking as provided for in Paragraph 14
hereof.
b) "Agency of Primary Jurisdiction" shall mean the Agency within which an
arrest is being made, warrant served or other law enforcement activity is
occurring.
c) "Cooperating Agencies" or "Agencies" shall mean the parties' signatory
hereto and "Agency" shall mean any one of the Cooperating Agencies.
d) "Host Cooperating Agency" shall mean an Agency of Primary Jurisdiction
other than an Officer's own Agency of regular employment.
e) "Officer" shall mean a duly sworn full -time or part-time or reserve deputy
who is a paid law enforcement officer in the employ of a Cooperating
Agency.
f) "Officer's Primary Jurisdiction" shall mean the geographic area within the
territorial limits (corporate limits) of the Agency, which regularly employs
the Officer.
2) Authority. The authority for the Cooperating Agencies entering into this
Agreement is that authority granted by law, including the general powers of the
parties, the Nebraska Interlocal Cooperation Act, Article 8 Chapter 13, Neb. Rev.
Stat. § 13 -801 — 13 -827 (1943) (Reissue 1991) and the authority granted under
Sec. 29 -215 enacted by the Nebraska Legislature in 1994 and Nebraska State
Statute as codified.
3) Purpose. The purpose of this Agreement is to authorize the Officers of each
Cooperating Agency to provide law enforcement services outside the limits of
their respective primary jurisdictions as authorized by Subsection (2)(d) of Sec.
29 -215 of Neb. Rev. Stat, and to improve law enforcement in each of the
Cooperating Agencies and throughout the Agency areas through fuller authority
and utilization of Officers throughout the Agency areas, through joint training of
Officers, sharing of equipment, mutual assistance and the ability to staff Officers
based upon the availability of assistance in time of need and to generally enhance
the law enforcement capacities of the Cooperating Agencies at a reduced cost to
the Agencies.
4) Certain Authority to Act beyond Primary Jurisdiction Independently Vested by
Sec. 29 -215. The parties recognize that by provisions of Sec. 29 -215, their
Officers are given power and authority to act beyond the Officers Primary
Jurisdiction, independent and apart from this agreement in the following situations:
a) If in a fresh attempt to apprehend a person suspected of committing a felony,
Officers may follow such person into any jurisdiction in this State and there
arrest and detain such person and return such person to the Officer's primary
Jurisdiction. (Sec. (2)(a) Sec. 29 -215).
Page 2 of 9
b) If in a fresh attempt to apprehend a person suspected of committing a
misdemeanor or a traffic infraction, Officers may follow such person
anywhere in an area within twenty -five miles of the boundaries of the
Officers Primary Jurisdiction and there arrest and detain such person and
return such person to the apprehending Officers Primary Jurisdiction. (Sec.
(2)(b), Sec. 29 -215)
c) The Officers shall have enforcement, arrest and detention authority when
responding to a call in the local, state or federal area where the law
enforcement officer is in need of assistance. Need of assistance being defined
to mean:
i) A law enforcement officer whose life is in danger; or
ii) A law enforcement officer who needs assistance in making an arrest
and the suspect (a) will not be apprehended unless immediately
arrested, (b) may cause injury to himself or herself or others or damage
property unless immediately arrested, or (c) may destroy or conceal
evidence of the commission of a suspected crime or offense. (Sec.
(2)(c) Sec. 29 -215)
This Agreement is not intended nor shall it be construed to in any way limit the
power and authority granted by the foregoing provisions of Sec. 29 -215. Each of
the Cooperating Agencies may individually impose in respect to its own Officers
such conditions or limitations on the exercise of the foregoing powers by their own
Officers as each Agency may choose not inconsistent with the terms hereof.
5) Following Suspects Across Jurisdictional Lines. The authority to follow suspects
across jurisdictional lines is based upon direct legislative grant of power as
contained in Subsections (2)(a) and (2)(b) of Sec. 29 -215 and is not derived from
nor does it flow from consent of the Cooperating Agencies to the exercise of such
authority or provisions of this Agreement.
In respect to the following suspects across jurisdictional lines and related actions
taken by Officers while within the jurisdiction the other host Cooperating Agency
shall not be liable for death, bodily injury, property damage or personal injury
including false arrest, caused by or resulting from such following or related
actions, by such other non -host Cooperating Agency's Officer(s) and the Agency
which employs the Officer(s) doing the following agrees, subject to the liability
limits of the Political Subdivision Tort Claims Act, to indemnify and save
harmless the Host Cooperating Agency from loss or liability caused by:
(a) the negligence of such non -host Cooperating Agency Officer(s) doing the
foregoing and following; or
(b) imposition of liability under Section 13 -911 of the Nebraska revised statutes,
as changed or amended from time to time, resulting from actions by such non -
Host Cooperating Agency Officer(s) doing the foregoing and/or following or
pursuing of a suspect in a Host Cooperating Agency.
6) Additional Authority Granted Pursuant to Interlocal Cooperation Act. Subject to
the limitations hereinafter set forth in this Agreement, the Officers of each of the
Page 3 of 9
Agencies while in a Host Cooperating Agency shall have full law enforcement
authority, including the authority to arrest and detain, in the following
circumstances:
a) The commission of a felony witnessed by the Officer.
b) The Officer is a witness to a criminal act or threatened criminal act, or a
traffic infraction, whether or not constituting felonious conduct, where non-
arrest poses immediate danger or threat to life or safety to the Officer or any
other person or persons.
c) While engaged in or providing services under a mutual assistance request
from a Host Cooperating Agency.
d) While serving regular shift duty or other period of duty within a Host
Cooperating Agency that has requested Officer coverage or backup for such
period of time.
e) While participating in investigate activity or other cooperative law
enforcement activity authorized by this Agreement.
7) Host Cooperatina Aaencv Prior Consent to Exercise Arrest Authority. Officers
not in the Officer's Primary Jurisdiction and while in a Host Cooperating Agency
may make arrests in the following situations without prior consent of the Host
Cooperating Agency:
a) In the case of commission of a felony witnessed by the officer; and
b) In the case of any criminal act, or threatened criminal act, or a traffic
infraction, whether or not constituting felonious conduct, where non - arrest
poses immediate danger or threat to life or safety to the Officer or any other
person or persons.
c) when authorized by any provision of Sec. 29 -215.
Except for arrests falling within the scope of Paragraph 6(d), 7(a) and 7(b) above,
an Officer, prior to making an arrest in a Host Cooperating Agency, when not
accompanied by an Officer of the Host Cooperating Agency, shall request the
consent of the Host Cooperating Agency prior to making arrest. A supervisor or
Senior Shift Officer of the Host Cooperating Agency on duty at the time shall
advise as to whether the Host Cooperating Agency consents to or is withholding
consent to the intended arrest, by the Officer at the scene. When feasible, the Host
Cooperating Agency shall dispatch one of its own Officers to the scene to make
the arrest. If the Officer at the scene is advised that an Officer from the Host
Cooperating Agency, or other law enforcement officer dispatched at the direction
of the Host Cooperating Agency, has been dispatched to the scene, the Officer at
the scene shall, if time and circumstances permit, delay arrest until such Host
Cooperating Agency, or highway patrol officer arrives to make the arrest or to
assist therein.
8) Mutual Assistance. Each of the Cooperating Agencies agrees to render law
enforcement assistance to each of the Cooperating Agencies when such assistance
is of an emergency nature or one of a non - emergency nature requiring backup or
Page 4 of 9
additional Officer force beyond that then available to the requesting Agency in
accordance with the following provisions:
a) Requests for Assistance.
1) Emergency Situations. Requests by an Agency for assistance in
emergency situations may be made by any of the following:
b. the Mayor or Acting Mayor;
c. Agency Administrator or Acting Agency Administrator;
d. Agency Head or Acting Agency Head; or
e. Supervisor or Senior Shift Officer; or
f. County attorney serving as County Coroner -death investigator;
of the Agency requesting assistance. In situations posing any
immediate threat to the life or safety of an Officer or other person, any
Officer may himself or herself make such request.
2) Non - Emergency Situations. Requests for assistance in non - emergency
situations may be made only by requesting Agency's Mayor, Agency
Administrator, Agency head or other person within law enforcement
department of command rank and who is expressly authorized by the
requesting Agency to request aid in non - emergency situations and the
County Attorney serving as County Coroner.
b. No Liability for Failure to Respond. It is understood and agreed by all of the
Cooperating Agencies that assistance is not assured or guaranteed to any
Agency. Nor is there any understanding that all, or any, requests for
assistance will be met. It is expressly agreed by and between all Agencies
that any Agency to which a request is made, or which shall otherwise have
knowledge of need of assistance in another Agency, shall have no liability
whatsoever to the requesting Agency or any other Agency signatory hereto or
to the Officers or employees of any Agency or to any third person
whomsoever for failure for whatever reason to respond to, or delay in
responding to, a call for assistance or for failure to communicate such call or
any failure or delay. Each Agency covenants not to sue and agrees to save
harmless each of the other Agencies for any claim or action based, in any
manner, on a failure to respond in or to a request for assistance under this
Agreement.
c. Command at Scene of Assistance. The Cooperating Agency requesting
assistance shall provide command at the scene for which assistance is
requested and shall assume responsibility for action taken by Officer(s) of a
responding Cooperating Agency.
d. Procedures. Each Cooperating Agency may develop and effectuate
procedures consistent with the mutual assistance provisions hereof.
9) Training. Each Cooperating Agency may determine what areas of law
enforcement training, both general and specialized, may most efficiently be
Page 5 of 9
conducted in a cooperative effort among the Agencies and the method by which it
is best accomplished.
The cost of training programs shall be borne among the Agencies in the ratio of the
number of Officers from each Agency benefiting from such program. No Agency
shall be liable for the cost of training in an amount in excess of the amount it shall
have budgeted for such purpose.
10) Equipment. The Cooperating Agencies contemplate the possibility of each
Agency purchasing some specialized equipment, which may be shared for joint
use of the Agencies.
Procedures for acquisition of specialized equipment, which may be shared, may be
developed by the Cooperating Agency and submitted to the respective governing
bodies for approval.
11) Investigation. Each Cooperating Agency shall assist other Agencies requesting
assistance in the investigation of persons within the limits of Primary Jurisdiction
of the Cooperating Agency who are suspected by such Agency of committing or
believed to have information concerning crimes or criminal activity occurring in
such other Agency. When reasonably possible, a Host Cooperating Agency shall
provide an Officer to personally accompany the Officer or Officers of another
Agency during their investigation within the Host Cooperating Agency.
12) Officers Remain Employees of Own Agency_ . An Officer, while serving outside
the Officer's Primary Jurisdiction shall at all times be considered and held as
serving in the regular line of duty of the Agency which employs the officer as fully
as if the Officer were serving within the limits of the Officers Primary Jurisdiction.
13) Discinlinary Disciplinary action arising out of an Officer's conduct,
actions, or omissions, whether occurring within or outside the Officer's Primary
Jurisdiction, shall be handled by the Agency, which employs the Officer, that is,
the Officer's Primary Jurisdiction.
14) Rules and Regulations. The parties recognize that the duties, work, skills and
working conditions differ as between the smaller Agencies and the larger Agencies
and that in many respects the work required of an Officer by the Agency of his or
her Primary Jurisdiction is different from and is not comparable to that of and
performed by Officers of other Agencies. While serving outside of their own
Agency, officers serving pursuant to this Agreement shall conduct themselves in
accordance with the general orders of the Officer's Primary Jurisdiction, except as
may otherwise be agreed to by such Officer's Agency of Primary Jurisdiction and
the Host Cooperating Agency in which the service is performed.
15) Liability Insurance. Each of the Cooperating Agencies agrees to be self - insured
or to carry liability insurance written on an "occurrence" basis (as distinguished
from "claims made" basis) covering all law enforcement personnel assigned by
each Cooperating Agency under this Agreement and insuring against liability for
bodily injury, personal injury (including false arrest) and property damage, in an
amount not less than the maximum liability of agencies of the appropriate class for
acts of its law enforcement personnel as from time to time established by the
Page 6 of 9
Legislature, said limit at date hereof being $1,000,000 per person and $5,000,000
per occurrence, as prescribed by Section 13 -926 of the Nebraska Revised Statutes.
Each Cooperating Agency's insurance or self - insurance shall cover acts and
omissions of its Officers while performing services under this Agreement.
16) Public Information. To the extent that specific case information is to be made
public, it shall be released to news media representatives by the Cooperating
Agency originating the investigation through the office of the Agency head.
17) No Agency Relationship Created. This Agreement merely creates the framework
for cooperation among the Cooperating Agencies for the purpose hereof, and there
is no Cooperating Agency or instrumentality and no Agency relationship created
hereby between the Cooperating Agencies or between any Agency's employee and
any other Agency. The cooperative activity hereby established does not constitute
an independent Agency or employer. This is a cooperative understanding between
the Cooperating Agencies and Officer(s) while performing any services under this
Agreement shall at times and for all purposes remain employees exclusively of the
law enforcement department of the Agency, which encompasses the Officer's
Primary Jurisdiction and shall for no purpose be deemed to be an employee of any
other Agency.
18) Interlocal Cooperation Act. This Cooperating Agreement is entered into between
the parties pursuant to the Interlocal Cooperation Act of the State of Nebraska; and
to the extent this Agreement shall be governed by the provisions of said Act, it
shall be construed consistent with the objects to be accomplished pursuant to said
Act. In this respect:
a) The duration of the Agreement shall be set forth in Paragraph 22 hereof.
b) There is no separate legal or administrative entity created hereby.
c) The purpose hereof is as stated in Paragraph 3.
d) The financing of this cooperative undertaking and the maintaining of a
budget therefore shall be as set forth in Paragraph 13.
e) This Agreement may be partially or completely modified by the written
consent of all parties hereto and may be terminated by mutual agreement of
all parties or by any party as provided in Paragraph 22 hereof. The parties do
not contemplate the joint acquisition (as distinguished from sharing) of any
property for the purpose of implementing the purposes or provisions of this
Agreement. Each of the Cooperating Agencies shall retain its own property
in the event of termination.
f) Each of the Cooperating Agencies shall perform its respective powers and
responsibilities herein provided for through their respective employees and
governing bodies and customary procedures and the Cooperating Agency
created hereby. Each Agency shall acquire, hold and dispose of personal
property used by it in this cooperative undertaking in the manner provided by
law but consistent with each Cooperating Agency's respective obligations in
this cooperating undertaking.
Page 7 of 9
19) Term of Agreement. This Agreement shall be effective on the first day of the
calendar month next following the completion of implementing action by all
Agencies as required by Paragraph 23.b hereof and shall continue in full force and
effect until terminated by ordinance or resolution of the governing body of either
Cooperating Agency, the effective date of which shall not be less than thirty (30)
days following such terminating Cooperating Agency's written notice to the other
Cooperating Agency.
20) Miscellaneous.
a) Other Agreements. Except as provided in Paragraph 22 hereof, the
cooperative program hereby established is cumulative to and not in lieu of
specific agreements heretofore or hereafter entered into between any of the
Cooperating Agencies in respect to other aspects of public safety.
b) Implementing Action. Prior to the operative date of this Agreement, each
Agency shall take formal action by ordinance or resolution of its governing
body approving this Interlocal Cooperation Agreement. Each Agency shall
furnish the other Agency executed copies of such authorizing action.
21) Mutual Non - Discrimination Clause. The Agencies shall not, in the performance of
this Agreement, discriminate or permit discrimination in violation of federal or
state laws, local ordinances, because of race, color, sex, age, or disability, as
recognized under 42 USCS 12101 et seq., political or religious opinions,
affiliations, or national origin.
22) Original Agreement Superseded. This Agreement supersedes the original
Interlocal Cooperation Agreement between the City of Blair and Washington
County Sheriff's Office entered into on or about February 12, 1991, which original
agreement shall terminate at such time as this Agreement becomes effective.
IN WITNESS WHEREOF, the parties hereto have executed or have caused this
Agreement to be so executed by them and their duly authorized Officers on the day and year first
above written.
march (d, .oc 9
Date
ATTEST:
1 1 •
WASHINGTON COUNTY CLERK
SHINGTON C TY 3Q
Page 8 of 9
The foregoing instrument was acknowledged before me by Jl �j d tstIC
Authorized Representative of Washington County on n 2) /0 , 2009.
CITY OF BLAIR, NEBRASKA
ATTEST:
ME REALPH, MAYOR
GENERAL NOTARY-State of Nebraska
CAROL J.KUHR
W Comm. Oct. 5., 2009
X
BRENDA R. WHEELER, CITY C ERK
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
The foregoinjt instrument was acknowledged before me by James Realph, Mayor of the
City of Blair on rtA o ( Z)-/ , 2009.
MEM !CORY - Sale of Nina
KATHERINE D. L
M,;. Comm. Exp.. June 17, 2012'
Page 9 of 9
Notary Public
f(A) 4-Y) 011 r rc t. t Lr t66'1 J7 .
Notary Public