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Sponsored by: Garzini
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING A MUTUAL AID AGREEMENT BETWEEN THE
KENAI PENINSULA LAW ENFORCEMENT AGENCIES AND THE
ALASKA STATE TROOPERS
WHEREAS, approximately 5 years ago, the Chiefs of Police on the Kenai Peninsula formed
an unofficial association which includes the Kenai District Attorney and the Post Commander of the
Soldotna Post of the Alaska State Troopers; and
WHEREAS, at its monthly meetings, the association has discussed many issues of mutual
concern including the need for a speedier process for the independent investigation of serious and/or
sensitive allegations of police misconduct; and
WHEREAS, budget cuts and reductions in staffing experienced by the Alaska State
Troopers has made it difficult for the agency to respond to requests that it investigate allegations of
misconduct on the part oflocal police departments, causing serious delays in the conclusion of these
cases to the detriment of the department. the accused and the local citizenry; and
WHEREAS, the association has proposed the adoption of a mutual aid agreement among
Kenai Peninsula law enforcement agencies to provide investigative and other services to departments
needing assistance; and
WHEREAS, the adoption of such an agreement would be in the public interest and would
provide the City with access to both internal investigative services and additional trained officers in
the event a major crime is committed within the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Kenai Peninsula Law Enforcement Agencies Mutual Aid Agreement, a copy
of which is attached and incorporated herein by reference, is hereby approved, and the City Manager
is authorized and directed to execute the agreement on behalf of the City of Seward,
Section 2. This resolution shall take effect immediately upon its adoption,
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th
day ofJanuary, 1997,
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-007
AYES:
NOES:
ABSENT:
ABSTAIN:
THE CITY OF SEWARD, ALASKA
Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King
None
None
None
ATTEST:
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KENAI PENINSULA LAW ENFORCEMENT AGENCIES
MUTUAL AID AGREEMENT
This Mutual Aid Agreement ("Agreement") is made among the several Kenai
Peninsula municipalities ("municipalities") and the Alaska State Trooper Detachments
("AST") signing this Agreement. The parties agree as follows:
1. Mutual Aid. The parties agree to provide mutual aid to one another in
the investigation of (a) serious criminal cases in which allegations have been made
against police personnel, and (b) serious criminal cases in which the investigation
demands may exceed the resources of the affected municipa1ity or rural community.
Such aid will be requested and rendered according to the terms of this Agreement.
2. Request For Assistance. Aid shall be rendered only upon request of
the participating law enforcement agency in need of assistance ("Requesting
Agency"). The sole authority to make a request shall be the Requesting Agency's
municipal Chief of Police or AST Detachment Commander, or the officer
commanding in the absence of the Chief of Police or Detachment Commander, as the
case may be ("Requesting Chief or Commander").
3. Conduct of Investigation.
a. The Requesting Chief or Commander will supervise all investigators
involved in the investigation. When appropriate or necessary, the Requesting Chief or
Commander may designate another officer to supervise the investigation.
b. The senior investigator in the Requesting Agency will be the lead
investigator unless the individual requests a secondary role with the consent of the
Requesting Chief or Commander.
c. The Requesting Agency's case number shall be used on all case
reports. Copies of all investigator's reports shall be provided to the Requesting
Agency.
d. An investigator's reports shall be prepared by his or her own agency
unless other arrangements are made in advance.
e. Investigators and their respective agencies will attempt to share on an
equitable basis all supplies and materials needed for an investigation.
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f. Any investigation relating to a violation of personnel rules or
departmental policies shall be based on the applicable rules and policies of the agency
being investigated.
4. Assignment of Investigators. An investigator assigned to participate in
an investigation under this Agreement shall be an experienced senior officer who has
the training and expertise to properly investigate the matter. The assigned
investigative team members will be individuals that the municipal Chiefs of Police
and AST Detachment Commander mutually agree possess the necessary qualifications
for the assigned duties. Each participating agency will provide the other participating
agencies with a call out sheet with the name and contact number for assigned
investigative team members.
S. Compensation and Other Fiscal Matters.
a. An investigator assigned by an assisting agency to assist the
Requesting Agency shall be compensated by his or her employer, and not by the
Requesting Agency. Such compensation shall include not only regular salary, but also
overtime pay, per diem, retirement contributions, and all benefits.
b. Liability insurance and workers' compensation coverage shall be
provided by the assigned investigator's employer, and not by the Requesting Agency.
c. Assisting agencies shall render aid under this Agreement in the
normal conduct of investigative matters without charge to the Requesting Agency.
d. Requests for compensation due to unusual or burdensome costs
incurred in the performance of rendering aid under this Agreement may be submitted
by the assisting agency to the Requesting Agency. Judgment of the amount to be paid
for such assistance shall be the sole responsibility of the council or assembly for a
municipal Requesting Agency or the if the
AST is the Requesting Agency.
6. Right To Not Participate. A municipal Chief of Police or AST
Detachment Commander may elect not to respond to a request for assistance when in
his or her judgment agency budget constraints or personnel shortages prohibit
rendering assistance.
7. Public Statements. No public statements will be made to the media or
others without prior written approval of the Requesting Chief or Commander.
8. Coordination With Other Agencies. Investigators shall coordinate
their activity with the Alaska Department of Law and, if federal civil rights issues are
involved, the Federal Bureau of Investigation.
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9. Amendments. This agreement may be amended only in writing
executed by all parties hereto.
10. Term. This agreement shall commence as to the original signatories
on the date the agreement is signed by two or more parties. It shall commence as to
subsequent signatories on the date they sign the Agreement. The Agreement shall
terminate by mutual consent of the parties.
11. Withdrawn and addition of Parties. Any party to this Agreement
may withdraw at any time by giving written notice to the other parties. A new party
may be added at any time upon unanimous written consent of the parties.
12. Authority. This Agreement is entered into under the authority of
AS S 29.35.01 (authorizing cooperative agreements among municipalities and the
state), AS S18.65.080 (authorizing members of the state troopers to cooperate with
other law enforcement agencies in detecting crime, apprehending criminals and
preserving law and order in the state), and AS S18.65.090 (directing the Department
of Public Safety to assist municipal governments in the enforcement of criminal laws
and regulations.
13. Counterparts; Possession of Original. This Agreement maybe
executed in any number of counterparts, all of which taken together shall constitute
one Agreement. The original Agreement, including all signed counter parts, and the
originals of all amendments, consents, and notices shall be delivered to
And retained in its possession as public records.
Date
City of Soldotna
Date
City of Seward
Date
City of Kenai
Date
City of Homer
Date
Alaska State Troopers
E Detachment
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