ordinance ii - jacksontwppa.com documents/ordinances/ordinance 83.pdf · attorney of cambria county...
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ORDINANCE II 83
AN ORDINANCE OF JACKSON TOWNSHIP, CAMBRIA COUNTY, PENNSYLVANIA IMPLEMENTING AN AGREEMENT BETWEEN THE TOWNSHIP OF JACKSON AND THE COMMONWEALTH OF PENNSYLVANIA OFFICE OF THE ATTORNEY GENERAL AND THE COUNTY OF CAMBRIA, OFFICE OF THE DISTRICT ATTORNEY, PROVIDING FOR INTERGOVERNMENTAL CORPORATION BY ESTABLISHING THE ADMINISTRATIVE FRAMEWORK FOR CARRYING OUT COORDINATED NACOTICS INVESTIGATION, ENFORCEMENT AND PROSECUTION ACTIVITIES IN JACKSON TOWNSHIP AND CAMBRIA COUNTY.
BE IT ORDAINED AND ENACTED, by Jackson Township, Cambria County, Pennsylvania, and it is hereby ordained and enacted by the authority of the same as follows:
SECTION 1:
There is hereby adopted and ratified an agreement for intergovernmental cooperation known as the "Municipal Drug Task Force Agreement," hereinafter referred to as the "Agreement".
SECTION 2:
This Agreement is entered into pursuant tot he provisions of 53 P.S. Sections 483 and 485 relating to Cooperation in Governmental Functions.
SECTION 3:
The purposes and objectives of the Agreement are as follows:
a. To enhance the coordination of drug investigations in the Cambria County area; and,
b. To provide for mutual police aid across jurisdictional lines to enable police to more effectively enforce the provisions of narcotics and illegal drug laws and thereby preserve the safety and welfare of the entire area; and,
c. To have available for use throughout the territorial limits of all municipalities signing the mutual agreement, the services of police employed by any and all of the said municipalities under the conditions set forth and in compliance with the Municipal Police Jurisdiction Act, 42 Pa. C.S.A. Section 8953.
SECTION 4:
The manner and extent of financing; the powers and scope of authority delegated; and the manner in which property, real or personal, shall be acquired, managed or disposed of are set forth in the Agreement adopted and ratified in Section 1 of this ordinance and the Municipal Police Cooperative Agreement.
a. The Agreement adopted and ratified in Section 1 of this ordinance (Municipal Drug Task Force Agreement), with its attachments, and the Municipal Cooperative Police Agreement with its attachments (as enacted in Ordinance No.~' on Aug. 31, 1992), are incorporated by reference herein and are made part of this Ordinance.
SECTION 5:
The duration of the Agreement shall be indefinite, subject to termination by either municipality as provided in the Agreement.
This Ordinance shall be effective five (5) days after enactment.
ORDAINED AND ENACTED this 31st day of _A_u_,g~u_s_t _____ , 1992.
ATTEST:
BY _______________ _
TOWNSHIP SEAL
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
MUNICIPAL DRUG TASK FORCE AGREEMENT
THIS AGREEMENT, made this ___ day of ___________ , 1992, by and among the Commonwealth of Pennsylvania,
Attorney General ( hereinafter referred to as OAG),
Office of
Bureau of·
Narcotics Investigation and Drug Control (hereinafter referred to
as BNIDC); the Cambria County Office of the District Attorney, and
individually and collectively, (hereinafter Municipalities).
WITNESSETH that:
WlIEREAS, the Attorney General has received funding to support
local anti-drug efforts and these funds have been utilized to
establish local drug task forces to coordinate narcotic
investigation, enforcement and prosecution activities, and
WHEREAS, pursuant to this municipal drug task force program
a task force was established in and for Cambria County, and
WHEREAS, the Attorney General has requested the District
Attorney of Cambria County to take control of 3nd supervise this
municipal drug task force for him, and
'WHEREAS, the District Attorney of Cambria County has agreed
to control and supervise this municipal drug task force pursuant
to the terms of the OAG/PaDAA Memorandum of Understanding (attached
hereto and incorporated by reference at Exhibit "A"), and
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WHEREAS, the District Attorney of Cambria County has agreed
to account to the OAG for all task force expenditures in the form
and manner prescribed by the OAG in order to ensure uniform task
force accountability through the Commonwealth, and
WHEREAS, the Municipalities intend to participate in and are
a necessary part of these drug task force activities, and
WHEREAS, the aid and assistance of the municipal police
departments is requested to implement the municipal drug task force
activities in compliance with the Municipal Police Jurisdiction
Act, 42 Pa.C.S. Section 8953 (a)(3), and
WHEREAS, the Municipalities desire to enter into an agreement
for the purpose of having available for use throughout the
territorial limits of all municipalities signing this mutual and
joint agreement, the services of police, both full-time as well as
part-time, employed by any and all of the said Municipalities,
under the conditions set forth and in compliance with the Municipal
Police Jurisdiction Act, 42 Pa C.S. Section 8953, and
WHEREAS, cooperation among municipalities in the exercise and
performance of their governmental powers, duties and functions is
authorized by the various acts of the General Assembly to wit: 53
P.S. Section 483 and ratified by mutual ordinance pursuant to S3
P.S. Section 485.
WHEREAS, in accordance with the provision of 53 P.S. Section
488, the Local Government Commission of the Commonwealth of
Pennsylvania has reviewed this Agreement and has made
recommendations.
NOW, therefore, the parties, intending to be legally bound,
hereby agree as follows:
1. The parties will cooperate in carrying out the work of the
Task Force and agree to perform their individual duties as set
forth in this Agreement and in the Task Force Guidelines, which is
attached for reference.
2. Any employee of a party of this Agreement shall remain an
employee of his or her employer for the purposes of any activity
under this Agreement and each party shall maintain and be
responsible for all employee compensation, benefits, insurance and
other incidents of employment except as provided herein. "No
municipal employee assigned under this Agreement shall be deemed
to be an employee of the Commonweal th of Pennsylvania except as
provided in Act 100 of 1989.
3. Term.
The term of this Agreement shall begin on
4. Liability.
' Each party shall be an independent contractor and responsible
for its own employees and for the acts of its employees under this
Agreement pursuant to law. Each party shall provide such public
liability and other insurance as appropriate to protect against any
claims arising out of that party's performance under this Agreement
and not.otherwise provided. All parties to this Agreement shall
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have all rights and liability protection as found in Act 100 of
1989. Nothing in this Agreement shall be construed to limit the
Commonwealth's rights, claims or defenses which arise as a matter
of law or pursuant to any provision of this Agreement. Nothing in
this Agreement shall be construed to limit the sovereign immunity
of the Commonwealth.
5. Municipal Agreements.
Each municipality shall have and maintain in effect a
Cooperative Agreement (attached hereto and incorporated by
reference at Exhibit "B") which the employees of each municipality
are authorized to carry out their duties in all other
Hunicipali ties within the Task Force region. Each municipality
shall submit a copy of the agreement upon request to BNI. These
agreements shall be executed pursuant to and in compliance with 53
P.S. Section 483 and ratified by mutual ordinance pursuant to 53
P.S. Section 485.
6. Termination.
a. Any party may terminate its participation in the
Task Force by giving 30 days prior written notice to
the other parties to this Agreement.
b. The OAG reserves the right to terminate the operation
of the Task force if the OAG determines that it is in the
interests of the Commonwealth to do so.
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7. Duties Upon Termination.
Upon termination or expiration of this Agreement, a party
shall return to the Commonwealth any and all materials, documents,
equipment or other items or property owned by the Commonwealth and
held by any party for the purposes of this Agreement, All parties
shall assist in bringing to an orderly conclusion all aspects of
any Task Force which has been concluded.
8. Overtime.
a. The OAG, through the Cambria County Office of the
District Attorney, agrees to reimburse the
Municipalities for overtime incurred by Task Force
members performing Task Force duties. No reimbursement
for overtime will be made unless the Cambria
County District Attorney has given prior approval to
the employee to work the overtime hours.
b. Reimbursement for overtime will be made 1n accord
ance with the procedure set forth in the Task Force
Guidelines referenced above.
9. Asset Forfeiture.
a. The process of distribution of assets or proceeds of
assets forfeited under the Pennsylvania Controlled Substances
Forfeitures Act or any other statute providing for forfeiture shall
be based upon the principle of equitable sharing of resources and
proceeds.
s
b A District Attorney's Office will include the OAG as
an elTglble rec1p1enf~ln~·any ~request by~~J;Yettti\)n ·to~~cour~~~~ ·~·
awards of Task force seizures of either real or personal property.
c. The District Attorney's Office, and the OAG shall have
sole authority to authorize federal intervention regarding seizure
and prosecution only after all avenues offered by the Commonwealth
have been exhausted.
d. If federal sharing is authorized, each participating
party shall submit the federal form DAG-71, Federal Sharing
Request, to the appropriate Office of the United States Attorney.
10. Funds Availability.
The OAG' s obligations under this Agreement are contingent upon
the appropriation and availability of funds for Task Force
purposes.
11. Public Availability of Information.
The parties agree to comply with any requests or requirements
which the OAG is required to make in order to comply with federal
requirements relating to the availability to the public of
identifiable records or other documents used in the Task Force
program. This provision shall not be construed to require
disclosure of information expressly made confidential by another
statute.
12. Reports.
Each Municipality shall submit such reports as the OAG,
through the District Attorney shall require to meet state and
federal reporting requirements.
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13. Inspection and Audit.
Each Municipality agrees to provide information to the OAG and
access to records and facilities necessary for the OAG to carry out
any audits it is obligated to perform under sate or federal law.
14. Contract Subject to Law.
The parties shall be bound by all applicable state, federal
and local laws in carrying out the work of this Agreement.
15. Amendments.
No changes or modifications to the terms of this Agreement
shall be valid or binding unless made in writing agreed to and
signed by the parties.
16. Assignment.
No part of this Agreement or any duty hereunder is assignable.
17. Governing Law.
This Agreement will
Pennsylvania Law.
be construed in accordance with
18. Nondiscrimination Clause.
See Attachment 1, which is hereby incorporated into and made
part of this contract. This is the standard nondiscrimination
provision required for Commonweal th contracts. Reference in the
provision to contractor shall mean any party to this Agreement.
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·1N WITHESS WHEREOFi the parties have executed thj s Agreement
as of the date first above written.
' y: .,
Approyed by Solicitor
Approved by Solicitor
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OFFICE OF ATTORNEY
DISTRICT ATTORNEY
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OJrlnq tht t.aua of thla ccntract, O:l'\tuictor ~ u f~ •
1. ~ ah,.ll not ~t4 ~ &ll';f ~,
of rnce, rolor, ml !qicus cnMd, a.ncwtcy,. natim&l orl9in, ~, or ""·
Ceo tractor ahall take &! f S Dffl tiw ACticn to a\lUI"e that lfPUC4l'lta a.re
ar.pl.oyiid, Ard that~ or agent. ana trao.td durl~ ~, without
rogaxd to th9.1.r race, oo1or ~ ~, ancGirtry, Mt1ooal origin, ~
or 8«J<. Such aff I nrntive act.1cn lhall inclu:Se, rut is rlO't limited to, t.})8
foll~, ~, .~, darotia'l, or transfu-1 rocntltment or
recruitnalt ~ 1 l.a-j'oft or wnni.natiooJ ra~ o! pay or other f<mn8
of ~ticnJ 8::d 8elecUcn !or t.raini.n1. ecntractor shall r=ct in
~ pu..~, avai J able to a:rployees, ~, ~ far
~ an:1 other ~, a notice to oo prcvida:i by the ~
~gercy ~ forth the ~lens of this ~ claU5e.
2. Ccnt::I:?iCtor wll in ~ or ~ far arpl.oymEnt
placed by it or en its tehal! 5ta ts all Cf'¥'\ J i !ioo ~ will rec.ah--e
ccnsideratial for ~ with::1.lt ~ to l'.aC8, colcc, rellgio..ls creed,,
~, naticntl origin, ~ or oo:x. •
3. O:oo::?ctor shall ocrrl each laror unim or 't,OD.8.0I'
reprooentativea vi.th \1lu.ch it MJS a collective ~ agreEID30t or other
ccntract or ~, a notice advis1rq Mid lal::cr unial or ~'
reprooentative of it. o:mni tmant to thl..s nc:n:ll.5crlmin tim clall5$. Simi Jar
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4. It aha1l ht N.:> daf ~ to a ~ ot a ~l !anoa Yi.th
Ca"\~~ ~ilinil ~ by the Pennaylva.n.14 Umtn 1'tlatiooa
0:xocofuia\ or W.. ~ti.ca clau.M that <X:nt.nictor bad m.leqwd
IO.l.t'OII of NCXU!tmtot wu.ch ~ it !rem ~ it.a obl19'ltimt,
~, U the w-ioeoo1 irtltetit-.. tllAt the O:ntxactca:-~ not en n:u.oe of
. the third party d.iocr1minaticn or ~ a g:xx1 !Ai th e!!ort to co.o:-.ct it,
such factor ehall h) o:r.alasnd in mUgaUcn in ootG.nnl.nlng ~~
~. 5.
80.ll:CQ of recrultlroot will re&llt in the excl~icn of mi.oority gro.ip
~, eo · that Ccntractor will be unablo to IIl0Qt it. chllgatJ.cna urrlar tha
o:ntract. carp1i.ance ~ t.icna wruoo by e:,e Pa-meylvania a.mm F.alaticns
Ccmnl6$1cn or this ~ti.on CU.l..lM, Ccntractor Mall;then arp1oy
arrl fill vacancies ~ other ~ to:cy arpl.Ojl!Sit ~.
6 • Cmtr.actor ahall o::x:ply "'1i th tha 0:otrt,.ct Carpl.iMiCO
REqula tirn8 of the ~l VM.ia BJ'Il'\1l Ra.la ticn8 Carmiulal, 16 PA O:da
~ 49 an::i with all ~ prchihi tID1 cfucriminatim in ht xi rq or •
~ ~ti.all, In the ~ ct ~, 8 ~Ji~ wi.th
the ocn-dis.cri.tninaticn cl~ o! t.hi.11 o:ntn.ct or with arr:/ sud\ ~, this
ccotract 1tt'lY, after ~rlrg ard ~joo icat.ial, :te tenninata:i or ~ in
~la or in i;:e..rt, an::i ~ ury ba ~ ta,p,r arl ly inel !g:lblo far
furthar ~th a::nt:I:?.cts I ar,d 8\X:h othar ~ my b9 ~ ard
rare:llea invoked a. prcm.da:i ty the 0:otractor O:n¢ianoe Ragulat.icnl.
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, • ():;()t 7t.or- iihal.l tux::nuh ill ~$,J , eo.vlo·i~rt ~t:Ja 11.td
recoro, to, Ard }?@nnit ~- to it.a tcokl, ~ a.rd ~ta by, ~
~ ~ ud the~ l\el.at.i.cm ():mvdu!on, t~ ~ of
~tioo to ~ ~ \tith the ~ of the Ccntuct.
~ticnl, ~ to I 4935 of th.ti title (rolAtlnq to 1nfomat1cn
~ ~ b:{ CQ'\tn.ctonl), If 0;:ot:r:act:or doed not l'X>BIM8
~ or roc:ordt reflectirq the ~ lnfcmatiM ~, it
ah.tl-1 furnish 8UCh !nfonMt.icn en ~ fODnll ~ by the
m1t.ractlng a~ ar the Cannt nioo.
a. Coo tractor shall acti voly recro.i t mnorlty irulxx:nt.ractors or
~ with ruba-tant.Ltl minorl ty ~ticn am:og th9ir
~-9. C.cotractor tma.11 inc.llrle the pr:o,i.tlcna of thu
hcn.:iLscrlmJ.n tioo CUlll.&Q in every aul::c:nt::ract f iO tM t such J;IrO'lliicna wiJ..l
oo bird~ up::n eoch trul:x:cnt::a£tor.
10. 'Iha te:nns uaed in th.is ~tlcn c1au.se aha.ll MW tha . sarra ~ as in tha Ccnttact ~ ~ i.s-Sue:i by th&
~1 van14 a.ncn Relat.icns Cann.1.uicn, 16 EA C:de ~ 49.
u. o:ntractor col iga ticns uroar thl.l cJ.au.s.a ara limi te:i to the.
Cmtracto.r' 1 faci l i ti.all within PErin.5yl van.L!, or, w-,erQ tha cx:ntract u !or
~ of gxda xmnufacturoo cut.si.OQ of ~lvania, the facllltiac at
wu.ch said gxd.l are &:tU4lly ~.
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MEMORANDUM OF UNDERSTANDING
. WHEREAS, the Commonwealth Attorneys Act dgsignatea the
District Attorney of each county as the chief:· law enforcamgnt ..
officer of that county, and
WHEREAS, tho Commonwealth Attorneys Act dePignates the
Attorney General as the chlef
Commonwealth, llnd
law enforcement off iaer · of the
WHE~EAS, the Gen~ral Assembly of the Commonwealth has
appropriated certain monies to the Office of Attorney General for
the eetablishment and operatior\ of municipal drug task force
programs, and
WHEREAS, cooperation and coordination among all
investigative and prosacutorinl agencies within the Commonwealth
is essential to maximi.ze the ef fectiva11ess of drug law
enforcP!ment efforts at the loca 1, ccunty, state and national
levels, and
WriEREAS, it is th;;: desire cf the Attorney Ganaral and the
various Distr.i.ct Attorneys, through the .agency of the
P~nneylvani.a District Attorneys Aiaociation, to resolve
certain dispute~ while not. af f acting those municipal narcotics
task force programs which currently operate to the sutisfaction
of the Attorney Gen~ral and the ~eap~ctive D1Btrict Attorney~,
\
OW THEREFOR£, the Attorney General and thg Pennsylvanilt
a Aaaociation
Understanding as to the parameters in whic
drug task force program shall operatet
.. t
Memorandum of
al
·-1. The municipal drug task force pro~rams shall be subject to
the control and· auperviaion Of the Diatrict Attorney
of the county in which the ta~k force operates, unles11 th~
District Attorney requests that :such control and supervision
functiona b~ aB~umad by the Office ot Attorney General. Attorney
G8neJ:~l and Bureau of Narcotics Investigation and Prug control
p0~$onnel ahall not engage in control or eupervisio~ of municipal
drug task force activitiss, unless such control or supervision is
Bpecifically request~ by the District Attornsy. A division of
sp~citlc control and supervision functions between the Office o!
Attornljy GQneral anct the District Attorney may be agreed to by
the Office of Attorney General and the District Attorney.
2. For t?urpo.i;ea of this agrQement, "control and suparvieion"
shall include1 {a) ths organization of municipal and county law
enforc~rnent personnel into municipal drug taak forces; (b) the
d~signation of personnel responsible for do.y-to-day operational
control of task !orcg activities; {c} the determination of
investigations and oth~r activities to ba undertaken by tha task
force; (d} the determination of the re::sources to be devoted to
e~ch taBk force activity; (e) the determination of electronic or
other aurveill~nce meaaurae to be employed in any particular task
..,
• (f) determlna • e of informants and
r agreements to bQ made with informants; g ch
:rants, arrest wa~rants, and other legal documents o~ process; ..
) an itemized accounting on a quarterly basis for . all task .. ree expendi turei,, which a hall be submitted to the Office of
;torney G~n8ral and made available for the Appropriation
ommitteea of the GQn~ral Assembly,
1. If a Di:11trict. Attormiy assumaa reeponaibility for control
5 nd supervision of a municipal d~ug task force program, decisions
concerning such control and supervision shall be made by the
District Attorney in con~ultation with the local police, the
Bureau of Narcotics Investigation and Drug Control atld State
police, in accordance with the custom and practice of the
particular county.
4. In counties in whic::h the District AttornQy has chosen to
control and supervise the operation of municipal drug task
forcest all Attorney General or Bureau of Narcotics Investigation
and Drug control per5onnel or agents working on m~ttera involving
munlcipnl drug task force programs shQll coordinatG their
municipal drug task force activities at the municipal and county
levels through, and work at the general direction of, the
District Attorney or his designee. The O!fice ot Atto~ney
General shall not muk9 ind~pendent expenditures for municipal
drug task force operation:; unless authorized by the District
AttornQy GQneral region~l attorneys shall provide
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supervision and counsel to municipal drug task forces only to the
extent agreed to by a District Attorney.
5. In counties in which the District Attorney has chosen to
control and supervise the operations of municipal drug task
forcee, the District Attorney shall conault directly with the
appropriate r0gional offic~ of the Offica of Attor~ay Ganaral to·
R0C\lr9 functinc;i fox:. thQ opgrntiong of. tha municipal drug task
force.
6. Law ~nforcement personnel participating in municipal drug
taak force operations shall remain employges of, and ba subject
to t.h9 dir~ct euperviaion of, tne agency or department by whorn
they are regularly employed,
7. A District Attorney and the Attorney General may establish
by mutual agreement responsibility for the initiation and
litigation of forfeiture actiorns re!ulting from municipal drug
task force operations, In counties where tha District Attorney
has chosen to control and supervise the operation of municipal
drug· task fo:t;cea, unless a District Attorney otherwise requests,
all !orfei ture matters resulting from munieipal drug task forc11
operations shall be 11 tigated by the District Attorney and all
seized property shall remain in the county in which th$ property
was svized for cuetodial purposes. A. District Attorney shall
promptly notify the off lee of Attorn1ay Gen"ral of any and all
pending !orfeitu:re litigation rB5ulting from the operation of
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munieipel drug task forces. All forfeitures shall be distributed
according to the laws of the Commonwealth of Pennsylvania.
8. In counties in which thlil Pi strict Attorney ha.a chosen to
control and supor~iae the operation of municipar drug task
forces, tha Attorney General ehall consider the funding of a
full-tima municipal_drug task fo~c8 coordinator, ~mployQd by and
answerable to a District Attorney, in thoae countiaa where.such a
need exi~t$, at the ~eq~est of a District Attorney.
9- Thig Memorandum of Und~retanding eh~ll not void or in any
way invalidate nny existing municipal drug taek force agreement.
t-towQvgr, at the requeet of a District Attornily, the Attorney
General and the District Attorn9y shall, after due notice to all
aignators, pro~ptly modify any exigting municipal drug task fo~e~
agraQmQnt in accordance with th-i terms of this Memorandum of
Under5tanding, a~ rGquested by a Dl~trict Attorney.
l~ZJvu. Erm•• t D, Pre ate, Jr. 1 Attorney General Commonwealth of Pennsylvania July 2S, 1991
Alan M, Rubenstein President PA District Attorneys Aaen. ,1uly 25 I 1991
MUNICIPAL POLICE
COOPERATIVE AGREEMENT
THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF
YEAR OF _____ , AMONG THE MUNICIPALITIES
THAT ARE SIGNATORIES HERETO, ALL OF WHICH ARE IN THE BOUNDARIES OF
CAMBRIA COUNTY, COMMONWEALTH OF PENNSYLVANIA.
WHEREAS: Increasing population and the common problem of illegal
use and traffic of narcotics and other dangerous drugs
have tended to obliterate municipal boundaries in it's
enforcement of laws in Cambria County, Commonwealth
of Pennsylvania and;
WHEREAS: There is an urgent need for uniformity and continuity
in the enforcement of such laws in Cambria County and;
WHEREAS: Cambria County is an area of several police forces,
each operating independently, and,
WHEREAS: Coordination of poJice activity in the area has
historically been sporadic and informal; and,
WHEREAS: Police officials of Cambria County have manifested
a genuine interest in safer communities through
improved police service; and,
WHEREAS: The aforementioned municipalities have det·2rmined that
the provision of mutual police aid across jurisdictional
lines will increase their ability to enforce the pro
visions of narcotics and dangerous drug laws and to
preserve the safety and welfare of the entire area; and,
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WHEREAS: Those same police officials desire a functional police
program that contajns the components of good police
service; and,
WHEREAS: It is desired by the signatory municipalities to enter
an agreement for the purpose of having available for
use throughout the territorial limits of all munici
palities signing this mutual, joint agreement, the
services of police employed by any and all of the said
municipalities, under the conditions set forth and in
compliance with Municipal Police Jurisdiction 42 Pa.
C . s . A. ; and ,
WHEREAS: Cooperation among municipalities is the exercise and
performance of their governmental powers, duties and
functions is authorized by the various acts of the
General Assembly to wit: 53 P.S. Sect. 483 and
ratified by Mutual Ordinance pursuant to 53 P.S.
Sect. 485.
NOW THEREFORE:
THE PARTIES HERETO, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND CONDITIONS HEREIN CONTAINED, PROMISE AND AGREE WITH
EACH OTHER AS FOLLOWS:
?.
SECTION A
SECTION A
SECTION B
POLICE DISTRICT BOUNDARIES
That all municipal boundaries of parties entering this
agreement shall remain in full force and effect with
the understanding and agreement that police officers
of the signatory municipalities shall have all the
powers and authorities conferred by law on the police
in whatever municipality they may be involved. (42 Pa.
C.S.A. 8953 (a) (4)
ARTICLE II
JOINT POLICE ADVISORY BOARD
That all police officers selected to be members of the
Cambria County Drug Unit hereafter, known as the Field
Investigations Team, shall remain under the general
supervision of their own police chiefs, except as
hereafter specified, (42 Pa. C.S.A. 8953 (e)
That each signatory municipality shall be represented
on the advisory board and to participate in this
project, it's municipality must be signatory of this
agreement.
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SECTION C
SECTION D
SECTION E
SECTION F
That in order for a police department to be represented
on the advisory board and participate in this project
it's municipality must be a signatory of this agreement.
That the officers of the advisory board shall be
CHAIRMAN, VICE CHAIRMAN, TREASURER, SECRETARY. Their
duties to be conducted in accordance with "Roberts
Rules of Order" as revised.
That in order to implement ARTICLE II, SECTION D the
officers of the advisory board shall be elected at a
September meeting of the participating municipality
representatives.
The advisory board may establish any committees
necessary to further the purpose of this project, such
committees to be determined by majority vote of the
membership of the advisory board.
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SECTION G
SECTION A
SECTION B
The advisory board shall have, as NON VOTING members,
designated and submitted by members of the Field
Investigations Team, in association with the advisory
board, to participate in all discussions and act as
liaison to promote the general purpose of this agree
ment, to wit; provide an effective task force of
coordinated police officers and investigations.
ARTICLE III
MEETINGS
The members of the advisory board shall meet bi-monthly
at a date and time to be established by the board for
the purpose of conducting the business of the advisory
board and in the event that such day is legal holiday
under the laws of the Commonwealth of Pennsylvania, then
such meeting shall be held the next succeeding secular
day not a legal holiday under the laws of the Common
wealth of Pennsylvania or at such other time as may be
determined by resolution of the advisory board.
All special or re-scheduled regular meetings of the
advisory board may be scheduled by appropriate resolution
of the advisory board fixing the date, time and place of
such meeting, Special or re-scheduled meetings may be
5
SECTION C
called by the CHAIRMAN, or more than a majority of the
participating members by request in writing. The call or
a request, if any, shall state the purpose of the
meeting.
The meeting shall be held at a date, time and place as
shall be designated in the call of the meeting. Written
notice of each special or re-scheduled meeting shall be
given at least one day prior to the day named for the
meeting to each member of the advisory board who does
not waive such notice in writing.
That a majority of the members of the advisory board
shall be necessary to constitute a quorum for the
transaction of business and the acts of a majority of
the members present at a meeting, at which a quorum is
present, shall be the action of the advisory board.
Voting on all questions shall be taken by a show of
hands or voice provided, however, that the chairman
may on his own motion or shall at the request of any
member, cause a vote to be taken by roll call. The
parliamentary procedure of the advisory board shall be
governed by "Roberts Rules of Order" as revised.
6
SECTIOND
SECTION A
SECTION A
The advisory board shall maintain an accurate record
of the minutes of the meetings, regular or special,
and all other records, and further, that such minutes
and records all at reasonable times, be open for
inspection by any authorized person.
ARTICLE IV
FINANCE
That the advisory board shall file a monthly and an
annual written report covering its police work and
activity to each of the respective municipalities
in the membership. The report shall be prepared by
and the responsibility of the Field Supervisor.
ARTICLE V
JURISDICTION AND ORDER
That any police chief of a signatory municipality or his
duly authorized representative may contact the narcotics
operations officer and request assistance. (42 Pa. C.S.A.
8953 (a) (3).
7
SECTION B
SECTION C
SECTION D
SECTION A
That while in ariy signatory municipality the narcotics
investigation team is under the general supervision of
the Field Supervisor and shall not act without first
obtaining his authorization. (42 Pa. C.S.A. 8953 (a)
(4) and (c).
That operational procedures shall be established by the
advisory board on which shall be distributed to and
binding upon all task force officers.
The operational duties of the Field Supervisor shall
be established by the District Attorney after con
sultation with the advisory board.
ARTICLE VI
PROPERTY
VEHICLES: All vehicles utilized by the narcotics
investigations team, which are registered, owned and
insured by a particular municipality shall be
operated ONLY by an employee of that municipality
without exception. That at termination of this project
and aqreement, all property will be retained by the
Cambria County District Attorney.
SECTION A
SECTION B
,SE_~TION D
ARTICLE VII
DEPUTIZING, HH·1UNITY AND CLAIMS
The police services performed and the expenditures
incurred under this agreement shall be deemed for public
and governmental purposes and all immunities from
liabilities enjoyed by the participating municipality
within it's boundaries shall extend to it's partici
pation in police services outside it's boundaries.
(42 Pa. C.S.A. (d).
That each participating municipality shall, by becoming
a signatory of this agreement, waive any and all claims
against all other participating municipalities hereto
which may arise out of their officers police activities
outside their respective jurisdictions while rendering
police service under this agreement.
That each municipality shall save harmless other
municipalities to this agreement from all claims by third
parties suits, damages and losses, including costs,
expenses and attorneys fees incident to or resulting
from any injury to any person or damage to property which
may arise out of the rendering of police services under
this agreement; and further, that public liability
insurance for both bodily injury and property damage
9
SECTION A
SECTION A
-liahili ty covering police vehicles while on duty in the
terrjtorial limits of any of the participating munici
palities shall be obtained by the individual signatory
municipalities.
ARTICLE VIII
JOINTURE OF ADDITIONAL MUNICIPALITIES
That additional municipalities may become parties to this
agreement upon application, in writing, to the joint
police advisory board, and approval of a majority of the
then participating municipalities at the next regular
or special meeting and upon proper acceptance of the
provisions of the agreement by the applicant
municipality.
ARTICLE IX
INTERPRETATION OF AGREEMENT
All differences arising out of interpretation of this
agreement shall be resolved by the joint police
advisory board, by majority vote of voting members.
~ 0
SECTION A
SECTION B
TERMINATION
The withdrawal from this agreement by any single
municipality shall not terminate this agreement among
remaining municipalities.
Withdrawal from this agreement shall be effected upon
written notice by any municipality of not less than
seven (7) days and setting forth the date of termina
tion by that municipality.
IN WITNESS WHEREOF:
And intending to be legally bound herewith, and in accordance with
proper action of each of the governing bodies of the respective
municipalities, the parties hereto have caused this instrument to
be executed by their proper officials and signing by the mayor,
governing body president and chief of police and the municipal seal
affixed on the day and year appearing on page on ( 1) of this
agreement.
ll
AFFIRMATION
A RESOLUTION TO BECOME A SIGNATORY OF AGREEMENT AS A PARTICIPATING
MUNICIPALITY OF THE CAMBRIA COUNTY DRUG UNIT WAS PRESENTED AT A
MEETING OF ----,,---T7-r------' CAMBRIA _Pegu_lar_/=~-ia-1~-- Miiie1pality
COUNTY, COMMONWEALTH OF PENNSYLVANIA, AND WAS MOVED BY
----~~~--------' SECONDED BY ---=-c-=-,rr-r=-.-,c-------Nare & Title Naire & I 1tle
AND SUPPORTED AS FOLLOWS:
SUBMIT ORIGINAL OF THIS FORM TO CAMBRIA COUNTY DRUG UNIT PRESIDENT, ATTACH COPY TO MUNICIPALITY'S COPY OF MUNICIPAL POLICE COOPERATIVE AGREEMENT FOR FILE.
1 2
TABLE OF CONTENTS
1. GENERAL STATEMENTS OF POLICY AND PROCEDURE
1.1 JURISDICTIONAL BOUNDARIES
1.2 POLICY STATEMENT
1.3 GENERAL RESPONSIBILITIES OF MEMBERS
2. ORGANIZATIONAL PROCEDURES
2.1 BOARD OF CHIEFS
2.2 MEETINGS
2.3 OFFICERS
2.4 ELECTIONS
3. OPERATIONAL PROCEDURES
3.1 GENERAL INTENT
3.2 CONTROL OF INVESTIGATIONS
3.3 REPORTS
3.4 MAJOR INVESTIGATIONS CONTROL
3.5 USE OF HANPOWER
3.6 NOTIFICATION OF INVESTIGATIVE
3.7 USE OF OFFICIAL FUNDS
3.8 FORFEITURES
3.9 EVIDENCE
3.10 USE OF WEAPONS
3.11 DISSEMINATION OF INFORMATION
3 ._12 USE OF ALCOHOL
3.13 USE OF DRUGS
3.14 CONFORMANCE TO LAWS AND RULES
4. HISCELLANEOUS PROVIS I O~lS
4.1 COUNTY DETECTIVE STATUS
4.2 DISCIPLINE
4.3 TRAINING
4.4 REPORT OF INJURY
4.5 REPORT OF PROPERTY DAMAGE
4.6 INTERAGENCY COOPERATION
4.7 DISPLAY OF IDENTIFICATION
1.1 JURISDICTION
The jurisdiction of the Cambria County Drug Task Force
shall include all of Cambria County. Additionally, members may
operate outside the area of primary jurisdiction in such cases
where the need and authority may arise.
The Task Force shall be comprised of such municipal
police officers from Cambria county as shall be assigned by their
department, members of the Attorney General's Office, Detectives
assigned to the District Attorney's Off ice, and members of the
Pennsylvania State Police. Task force activities shall be
coordinated pursuant to the operational procedures as outlined
hereafter under the supervision of the District Attorney's Office.
1.2 POLICY STATEMENT
The Task Force exists to fight drug use and traffic
within, around and through our mutual boundari~s via a system oi shared resources including personnel, information, finances~
equipment and technical assistance.
The Task Force is not meant to replace the drug
enforcement efforts of individual agencies but to compliment and
expand existing efforts. Drug traffic does not stop at municipal
boundaries or county lines. Recognizing this, the participating
agencies are combining their resources to more effectively combat
drug trafficking in order to provide the best possible law
enforcement and protection to citizens.
1.3 GENERAL RESPONSIBILITIES OF MEMBERS
Members of the Task Force will conduct investigations,
covert and otherwise, of drug traffickers at all levels of
involvement from street level dealers to the heirachy of
sophisticated drug organizations, for the purpose of arrest and
prosecution.
Pursuant to that goal, as the situation demands, members
shall investigate violations of Act 64, "The Controlled Substance,
Drug, Device and Cosmetic Act," Act 699, The Pharmacy Act" as they
relate to drug trafficking and any other criminal violations
related thereto. Activities shall include:
A. Conducting direct purchases of controlled substances.
B. Conduct controlled substance conspiracy investigation.
C. Develop and utilize confidential informants.
D. Conduct controlled purchases of controlled substance
utilizing confidential informants.
E. Gather intelligence for the purpose of executing search
warrants.
F. Engage in convert surveillance activities.
G. Gather intelligence for the purpose of initiating
forfeiture proceedings.
H. Gather intelligence on related or other criminal
activity.
I. Cooperate with other law enforcement agencies when
appropriate, by sharing information and resources.
J. Such other activity as shall be warranted by the
circumstances.
2.1 BOARD OF CHIEFS
The Cambria County Drug Task Force shall be under the
supervision of the District Attorney who shall be advised by a
Board of Chiefs which shall include the chief of police of each
municipal department which is a member of the Task Force, the Field
Supervisor, (if not already a member of the Board of Chiefs), and
the Cambria County District Attorney.
2.2 MEETINGS
The Cambria County Board of Chiefs shall meet on a bi
monthly basis on the third Monday of odd months at 10 A.M. to
decide on Task Force operations. Special meetings shall be held if
and when needed on notice to the chiefs by the secretary of the
Cambria County Drug Task Force.
2.3 VOTING
Each chief on the Cambria County Drug Task Force sha1iJ.
have one vote on any matter coming before the Board of Chiefs. That;
vote shall be cast by the chief or, in the event of the
unavailability of the chief, by another member of his department
whom he designates in writing as his representative. This written
designation shall be transmitted to the President of the Board of
Chiefs prior to any Cambria County Drug Task Force meeting.
2.4 OFFICERS
The officers of the Cambria County Drug Task Force shall
include:
A: Chairman of the Board of Chiefs who shall direct and
supervise affairs at the Task Force meetings.
B: Vice Chairman, who in the absence of Chairman
will assume the duties of the Chairman and
also assume such duties as are assigned by the Board of
Chiefs.
C: Secretary, who shall keep minutes of all meetings of the
Board of Chiefs and preserve all papers, letters, and
transactions and shall give notice of the meeting
and of any special meetings to the Board of Chiefs.
D: The Field Supervisor, who shall be in charge of the day
to da operation of the Task Force to include coordination
of activities of all Task Force operations. The Field
Supervisor will answer to the Board of Chiefs and will
report activities of the Task Force to the Board of Chiefs.
2.5 ELECTIONS
The Chairman and Vice Chairman and Secretary of the
Cambria County Drug Task Force shall be elected by a majority vote
of the Board of Chiefs at the annual meeting which meeting shall,
be held in September of each year.
The Field Supervisor shall be appointed by the District
Attorney with the advice of the Board of Chiefs.
3.1 GENERAL INTENT
The operational guidelines are intended to provide
general guidelines for the success of field operations. it is
recognized that unique situations will occur. When confronted by
these situations, officers should use discretion to resolve any
potential problems. Officers are encouraged to contact appropriate
Task Force officials or senior investigators for guidance whenever
possible.
3.2 CONTROL OF INVESTIGATIONS
The Field Supervisor shall be responsible for supervising
the day to day operations of the Task Force to include overall
supervisory responsibility for each investigation and general
control of each investigation.
The officer supplying information (by means of a
confidential informant or otherwise}, who initiates an
investigation shall generally assume investigative control of the
case, subject to the direction of the Field Supervisor. This
control may be transferred to another officer if, after
consultation, it is deemed in the best interest of the overall Task
Force objectives for a successful case resolution.
3.3 REPORTS
Every Task Force investigation will be documented as
completely as conditions allow. The officer with investigative
control of the case is responsible for documenting the
investigation on any and all appropriate forms. The reports will
include a detailed account, of the events, times, synopsis of
relevant conversations, locations and any other pertinent
information relevant to the investigation. All participating
members will provide the officer with jurisdictional control with
all necessary information, statements or reports as soon as
practicable.
3.4 MAJOR INVESTIGATIONS CONTROL
Complex or extended investigations typically involve a
higher element of danger. Due to this, safety and documentation of
activities should be considered of primary importance. All
available information should be reviewed and verified, if possible,
before formulating a plan of operation. Everyone involved should
fully understand the plan and objectives prior to commencing their
respective assignments. The officer having operational control of
a major investigations should make every effort to appoint
operations assistant ( s) to ensure the flow of information and
direction of assignments in order to successfully complete the
investigation.
3. 5 USE OF .MANPOWER
Each investigation shall have as many or as few members
participate as may be deemed advisable giving due regard to the
safety of members, the safety of the public, the complexity of the
investigation and the duration of the investigation.
3.6 NOTIFICATION OF INVESTIGATIVE ACTIVITY
Where practicable, when an active_ investigation is
planned in a participating municipality, the Task Force member(s)
from the municipality will be notified prior to implementation of
the field operation.
Notification will be given to police officers not on Task
Force assignment if the situation may warrant.
3.7 USE OF OFFICIAL FUNDS
The use of official funds shall be at the discretion of
the agency supplying such funds. They shall be used only for the
purposes(s) as the supplying agency may designate. It shall be the
responsibility of the member receiving any official funds to
maintain accurate records of the use of all monies expended, in
such manner as the supplying agency shall require.
3.8 FORFEITURES
Members are advised that forfeitures are an integral part
of Task Force operation. Forfeitures penalize drug offenders and
supply needed funds to law enforcement. Every effort should be made
to document information that will assist in forfeiture of property
and/or monies. A disposition of all seized assets shall be the
responsibility of the office of District Attorney. The proceeds of
any forfeiture shall be distributed with 25% going to the office
of District Attorney, 37 1/2% to the office of Attorney General and
37 1/2% to the Cambria County Drug Task Force, the last sum to be
used exclusively for Cambria county Drug Task Force purposes.
3.9 EVIDENCE
The Officer with jurisdictional control shall be
responsible for securing, preserving and documenting evidence,
unless otherwise directed by the Field Supervisor, so as to
maintain its integrity. Arrangements for laboratory or other tests
required on evidence shall be the responsibility of the officer
maintaining custody of said evidence or Field Supervisor.
3.10 USE OF WEAPONS
Members shall only carry weapons for which they are
qualified UPon request, the member shall submit proof to the
proper Office of the District Attorney, the Field Supervisor of
annual firearms proficiency for each weapon iJig in Task Force
operations.
The use of weapons capable of full automatic fire is not
authorized. Use of rifles or shotguns shall be limited to
situations where they are specifically called for, in the judgement
of the Field Supervisor.
3.11 DISSEMINATION OF INFORMATION
Active investigations shall be kept confidential.
Information on Task Force activities will not be publicly
disseminated prior to an arrest and any information supplied to the
public or news media shall not compromise current or future
operations. prior to dissemination of information relating to Task
Force activities discussion shall be had by the Field Supervisor,
the Chairman of the Board of Chiefs, the District Attorney, and any
other persons deemed appropriate. Such information shall be
disseminated by an individual and in such a manner as the aforesaid
individuals deem appropriate.
Information will be furnished to other law enforcement
personnel on a need to know basis only. Upon request, the chief law
enforcement officer will be advised of the status of investigations
within. his jurisdiction. officers are not to release any
information on investigations on which they do not have
jurisdictional or operational control. nothing in this section
shall be construed as to inhibit the free exchange of information
between officer to aid investigations.
officer disseminating information concerning
investigations in violation of this paragraph shall be discharged
from the Cambria county Drug Task Force on majority vote by the
Board of Chiefs.
3.12 USE OF ALCOHOL
Members shall not consume alcoholic beverages while
engaged in actual field operations unless required by the nature
of their covert assignment. Members shall not appear for or be
involved in Task Force operations while under the influence of
intoxicating beverage in violation of the laws of the Commonwealth.
3.13 USE OF DRUGS
It is prohibited for agents to violate either Act 64,
"The Controlled Substance, Drug, Device, and Cosmetic Act", or Act·
699, "The Pharmacy Act", in regard to the use of drugs. Use of any
controlled substance will not be tolerated, regardless of the ·
circumstances of any assignment.
3.14 CONFORMANCE TO LAWS AND RULES
All officers shall obey the laws of the Commonwealth of
Pennsylvania and the United States of America in regards to Task
force operations.
All officers are responsible for obeying any applicable
rules and regulations of their parent agency. If the rules or
regulations of the parent agency are inconsistent with those of the
Task Force, f the 1kmber involved in such conflict shall be
responsible for contacting the appropriate persons to resolve said
conflict.
4.1 COUNTY DETECTIVE STATUS
All Task Force officers shall be appointed Cambria County
special county detectives by the District Attorney. Once duly
appointed an officer
assigned to the Task
Attorney.
shall retain such status until no longer
Force or until removed by the District
4.2 DISCIPLINE
A member accused of an action that is contrary to law or
rules and regulations of the Task Force or their parent agency
shall be treated fairly and justly. Any investigation of this
nature shall provide the officer in question with the opportunity
to explain the actions. officers assigned to the Task force are
still accountable for their actions in the exercise of duties to
the parent agency.
Allegations of misconduct shall be promptly reported to
the Field Supervisor, to the member's immediate supervisor in the
parent agency and to the Office of the District Attorney if
appropriate. As need be, the parent agency and the District
Attorney will jointly investigate any reported infractions. Records
and reports of disciplinary investigations and actions shall be
maintained by the parent agency in accordance with its procedures.
Following such investigation the report of that
investigation shall be presented to the Board of Chiefs at the next
Cambr;i.a County Drug Task Force meeting. The Board of Chiefs is
authorized to remove any officer from the Task Force or impose
whatever discipline the board deems appropriate regardless of the
substantiation of the complaint if deemed appropriate by the Board
of Chiefs. In making this determination the recommendation of the
Field Supervisor, the District Attorney and the chief of that
officers' parent agency shall be taken into account. Assignment to
the Task Force is deemed a privilege, requiring the highest
standards of its' members, and even the appearance of impropriety
may compromise the Task force. All officers assigned accept that
there shall be no appeal from a decision to discipline or remove
them from the Task Force.
4.3 IN-SERVICE TRAINING
Every effort will be made to provide in-service training
on topics of interest to Task Force operations. Such training may
be conducted by the Task Force Coordinator, the Field Supervisor,
the District Attorney and/or the Office of Attorney General. Prior
announcement of such training will be given. In addition, members
are expected to increase their job knowledge through observation
of and participation in Task Force investigations.
4.4 REPORT OF INJURY
Any member injured during a Task Force operation shall
immediately report same to the member in operational control of the
investigation. As soon as practicable thereafter the Field
Supervisor shall be notified who shall report such injury to the
appropriate parent agency.