A RESOLUTION TO APPROVE A MUTUAL AID AGREEMENT BETWEEN THE TOWN OF WARRENTON, THE COUNTY OF FAUQUIER, AND THE FAUQUIER COUNTY SHERIFF
WHEREAS, Virginia Code Sections 15.2-1724 and 15.2-1730 authorize the governing body of a locality to enter into mutual aid agreements for the provision of police and sheriff’s services in times of emergency; and
WHEREAS, the Board of Supervisors wishes to authorize its Chairman to execute the attached Mutual Aid Agreement between the Town of Warrenton, the County of Fauquier, and the Fauquier County Sheriff; now, therefore be it
RESOLVED by the Fauquier County Board of Supervisors this 10th day of March 2005, That the Chairman of the Board of Supervisors be, and is hereby, authorized to execute the attached Mutual Aid Agreement between the Town of Warrenton, the County of Fauquier, and the Fauquier County Sheriff.
LAW ENFORCEMENT MUTUAL AID AGREEMENT
THIS AGREEMENT, made this _____ day of ____________ 2005, between the Town of Warrenton, the County of Fauquier, and the Fauquier County Sheriff’s Office.
WHEREAS, Virginia law authorizes local governments and Sheriffs in counties where no police department has been established to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and
WHEREAS, the Town of Warrenton, the County of Fauquier, and the Sheriff of Fauquier County have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and
WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and
WHEREAS, the parties desire that the terms and conditions of the Law Enforcement Mutual Aid Agreement to be established;
NOW, THEREFORE, in consideration of the mutual benefits to be derived for a Law Enforcement Mutual Aid Agreement, the parties hereto covenant and agree as follows:
1. Each party will endeavor to provide law enforcement support to the other party to this Agreement, within the capabilities available at the time the request for such support is made and within the terms of this Agreement.
2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction’s Chief of Police or Sheriff, whichever is applicable, or their respective designee.
3. The requesting party shall be responsible for designating a radio communications system for use by the requested party.
4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police, Sheriff, or their respective designee of the requesting party.
5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. All law enforcement officers and personnel shall be duly trained and currently certified for the position provided.
6. Subject to the terms of this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting party in situations requiring the mass processing of arrestees and the transportation of arrestees. The parties to the Agreement further agree to assist the requesting party with security and operation of temporary detention facilities.
7. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made are, in the opinion of the requested party, needed or are being used within the boundaries of that party, nor shall any request compel the requested party to continue to provide law enforcement support to another party when its personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction.
8. In those situations not involving the provision of mutual aid upon request, law enforcement officers and personnel, and other employees of any town, county or Sheriff hereunder, may also enter into any other jurisdiction in furtherance of law enforcement purpose, concerning any offense in which the entering law enforcement agency may have a valid interest; provided, that the entering personnel shall, as soon as practical, make such presence known to the Chief of Police or Sheriff of the entered jurisdiction, or his designated representative.
9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the law enforcement agency of the locality whose court has original jurisdiction over the offense. Entering law enforcement personnel shall promptly notify the law enforcement agency of the entered locality upon discovery of a crime over which the court of the entered locality has original jurisdiction.
10. Officers acting pursuant to the Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer, such authority shall be in conformance with Virginia Code Sections 15.2-1724; 15.2-1726; 15.2-1730; 15.2-1730.1; and 15.2-1736, as may be applicable; however, law enforcement officers of any party who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances wherein an apparent, immediate threat to public safety precludes the option of deferring action to the local law enforcement agency.
11. All law enforcement officers, agents, and other employees of the parties of this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges and immunities in each other’s jurisdiction, including the authority to make arrests in each other’s jurisdiction.
12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the parties within their boundaries shall extend to their participation in rendering assistance outside their boundaries. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered jurisdictional boundaries of the party receiving assistance.
13. All pensions, relief, disability, workers’ compensation, life and health insurance, and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdiction, shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that provisions of these benefits shall remain the responsibility of the employing party.
14. Each party agrees that, in activities involving the rendering of assistance to another party pursuant to this Agreement, each party shall waive any and all claims against other parties thereto which may arise out of their activities outside their respective jurisdictions. It is expressly understood that the provisions of this paragraph shall not apply to entry of law enforcement officers or other personnel into another jurisdiction pursuant to Paragraph 8 of this Agreement.
15. The parties shall not be liable to each other for the reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction, except to the extent that reimbursement for such expenses may be or is received from the Federal Emergency Management Agency (FEMA) or other governmental agency. Neither shall the parties be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, except to the extent that reimbursement for such expenses may be or is received from FEMA or other governmental agency.
16. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual law enforcement services between the parties.
17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that affect to the other parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by the Town Manager of the Town of Warrenton, the Chief of Police of the Town of Warrenton, the Chairman of the Fauquier County Board of Supervisors, and the Fauquier County Sheriff.
Town of Warrenton
Date Kenneth L. McLawhon
Date Roger L. Paul
Date Raymond E. Graham
Chairman of the Board of Supervisors
Date Charlie Ray Fox, Jr.