HomeMy WebLinkAboutResolutions - 2005.03.10 - 27903MISCELLANEOUS RESOLUTION #'05035 February 17, 2005
BY: Public Services Committee, Jeff Potter, Chairperson
IN RE: SHERIFF'S OFFICE - NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL
AGREEMENT WITH THE CITY OF STERLING HEIGHTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners adopted
Miscellaneous Resolution #00307 on December 14, 2000 authorizing the
Narcotics Enforcement Team (NET) to operate under the direction of the
Sheriff; and
WHEREAS as part of the policy and operational control on NET, the
County and the local units have agreed upon the attached Interlocal
Agreement (M.R. # 01024); and
WHEREAS the City of Sterling Heights is requesting to join the
Oakland County Narcotics Enforcement Team; and
WHEREAS the City of Sterling Heights has agreed to the attached
Interlocal Agreement between the City and the County; and
WHEREAS the Sheriff and the NET Advisory Board have agreed to
allow the City of Sterling Heights to participate in NET and have
agreed to the attached Interlocal Agreement; and
WHEREAS Corporation Counsel has approved the attached agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Interlocal Agreement with The City
of Sterling Heights and authorizes the Chairperson of the Board to sign
the agreement.
Chairperson, on behalf of the Public Services Committee, I move
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on a roll call vote with Middleton absent,
OAKLAND COUNTY NARCOTIC ENFORCEMENT TEAM
INTERLOCAL AGREEMENT BETWEEN
OAKLAND COUNTY
AND
THE CITY OF STERLING HEIGHTS
This Interlocal Agreement ("the Agreement") is made between Oakland County, a
Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan
48341 ("County"), and the City of Sterling Heights, a municipal corporation located in
the County of Macomb, 40555 Utica Road, Sterling Heights, Michigan 48311
("Participating Agency"). In this Agreement, the County and the Participating Agency
may also be referred to individually as "Party" or jointly as "Parties."
PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA 7, MCL 124.501, et seq., the County and the Participating Agency enter into this
Agreement for the purpose of adding the Participating Agency as a member of the
Oakland County Narcotic Enforcement Team under the direction and supervision of the
Oakland County Sheriff's Department ("OCSD").
The mission of the Oakland County Narcotic Enforcement Team is to encourage
interagency cooperation between local law enforcement agencies and federal agencies in
an effort to apprehend and convict those involved in the use, sale, and distribution of
illegal drugs and narcotics.
The goals of the Oakland County Narcotic Enforcement Team are:
1. To investigate drug trafficking within and around Oakland County with the
purpose of detecting and apprehending persons who violate narcotic and drug
laws within and around Oakland County.
2. To provide a means of training officers of the member and assisting agencies
in the techniques of narcotic and drug law enforcement.
In consideration of the mutual promises, obligations, representations, and assurances in
this Agreement, the Parties agree to the following:
1. ENTITIES PERFORMING UNDER THIS AGREEMENT. All County services
and obligations set forth in this Agreement shall be provided through the Oakland
County Sheriff's Department. All Participating Agency's services and obligations set
forth in this Agreement shall be performed by the Sterling Heights Police
Department. The Oakland County Narcotic Enforcement Advisory Board will
provide recommendations and counsel regarding the direction and operation of the
Oakland County Narcotic Enforcement Team.
Final - Sterling Heights NET Interlocal Agreement.doc
2. DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plural, within or without quotation marks,
or possessive or nonpossessive, shall be defined, read, and interpreted as follows.
2.1. County means Oakland County, a Municipal and Constitutional Corporation,
including, but not limited to, any and all of its departments, divisions, the County
Board of Commissioners, elected and appointed officials, directors, board
members, council members, commissioners, authorities, committees, employees,
agents, subcontractors, volunteers, and/or any such person's successors.
2.2. Day means any calendar day beginning at 12:00:01 a.m. and ending at 11:59:59
p.m.
2.3. Fiscal Year means October 1 to September 30.
2.4. Participatin2 A2ency means the City of Sterling Heights, a municipal
corporation located adjacent to Oakland County and within Macomb County,
including, but not limited to, its Council, any and all of its departments,
divisions, committees, authorities, elected and appointed officials, directors,
board members, council members, commissioners, employees, agents,
subcontractors, volunteers, and/or any such person's successors.
2.5. Oakland County Narcotic Enforcement Team ("NET") means a multi-
jurisdictional task force under the direction and supervision of the Oakland
County Sheriff's Department, operating pursuant to the mission and goals set
forth in the Agreement
2.6. Oakland County Narcotic Enforcement Team Advisory Board ("NET
Advisory Board") means the body consisting of the police chiefs of all
participating agencies, including the Police Chief of the Participating Agency, or
their designees, who supply personnel to NET on a full-time basis, and a
representative of the Oakland County Prosecutor's Office and the Federal Bureau
of Investigations.
3. AGREEMENT EXHIBITS. The Exhibits listed below and their properly
promulgated amendments are incorporated and are part of this Agreement.
3.1. Exhibit A. NET Bylaws.
3.2. Exhibit B. Liability Protection.
3.3. Exhibit C. Deputation Form and Affidavit.
3.4. Exhibit D. Drug Study/Statistical Support for NET.
4. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in
this Agreement and applicable changes in law, the County shall provide the
following:
4.1. A building for use by NET, including repair and maintenance of the building;
4.2. Utilities for the building, including, but not limited to, electricity, heating,
cooling and water;
4.3. Janitorial Services;
4.4. Office furniture and equipment, including, but not limited to, telephones, copier,
fax, office supplies, and computer hardware and software, and repair and
maintenance of such furniture and equipment;
4.5. Security equipment for the building;
4.6. Fire alarm and detection equipment;
4.7. Coordination of training of NET personnel;
2 Final - Sterling Heights NET Interlocal Agreement.doc
4.8. Except for a duty weapon, equipment related to the operation of NET, including,
but not limited to, radios, cellular phones, pagers, bullet proof vests, travel
related to NET operations, and investigative expenses related to NET operations;
4.9. Vehicles needed for the operation of NET;
4.10. Deputation of all NET personnel;
4.11. Liability Protection as set forth in Exhibit B; and
4.12. The manner in which forfeiture funds will be divided among the agencies
participating in NET is set forth in the NET Bylaws.
5. PARTICIPATING AGENCY'S RESPONSIBILITIES. Subject to the terms and
conditions contained in this Agreement and applicable changes in law, the
Participating Agency shall provide the following:
5.1. One full-time employee, or more if mutually agreed-upon in writing, with a duty
weapon for participation in NET. All costs associated with employment,
including, but not limited to, wages, salary, overtime, benefits, local, state and
federal taxes associated with employment, and worker's compensation, with the
exception of the Liability Protection set forth in Exhibit B, shall be the sole
responsibility of the Participating Agency. The Participating Agency's Police
Chief shall have the sole authority to designate the employee(s) who will
participate in NET, subject to the concurrence of the Participating Agency's City
Manager and the concurrence of the NET Commander.
6. NET ADVISORY BOARD RESPONSIBILITIES. Subject to the terms and
conditions contained in the Agreement and applicable changes in law, the NET
Advisory Board shall perform the following:
6.1. Provide recommendations and counsel regarding the direction and operation of
NET; and
6.2. Create and regularly review the NET Bylaws and amend them if necessary.
6.3. The Advisory Board shall meet at least quarterly. Proper notice of the meetings
shall be sent to all Participating Agencies at least seven (7) calendar days before
the meeting is scheduled.
7. DURATION OF INTERLOCAL AGREEMENT.
7.1. The Agreement and any amendments hereto shall be effective when executed by
both Parties with concurrent resolutions passed by the governing bodies of each
Party, and when the Agreement is filed according to MCL 124.510. The
approval and terms of this Agreement and any amendments hereto shall be
entered in the official minutes of the governing bodies of each Party.
7.2. This Agreement shall remain in effect until cancelled or terminated by either
Party pursuant to Section 9.
8. ASSURANCES.
8.1. Except as provided in Exhibit B, each Party shall be responsible for its own acts
and the acts of its employees, agents, and subcontractors, the costs associated
with those acts, and the defense of those acts.
9. TERMINATION OR CANCELLATION OF AGREEMENT.
9.1. Either Party may terminate or cancel this Agreement for any reason upon 30 days
notice before the effective date of termination or cancellation. The effective date
for termination or cancellation shall be clearly stated in the notice.
3 Final - Sterling Heights NET Interlocal Agreement.doe
92 The Parties shall not be obligated to pay a cancellation or termination fee if this
Agreement is cancelled or terminated as provided herein. However, funds due to
the Participating Agency as a result of its participation through the termination
date shall be paid in full by the County.
10. SUSPENSION OF SERVICES. Upon notice to the Participating Agency and
recommendation from the NET Advisory Board, the County may immediately
suspend this Agreement or the Participating Agency's participation in NET if the
Participating Agency has failed to comply, within the County's discretion, with
federal, state, or local law, or any requirements contained in this Agreement. The
right to suspend services is in addition to the right to terminate or cancel this
Agreement contained in Section 9. The County shall incur no penalty, expense, or
liability if services are suspended under this Section, except that funds due to the
Participating Agency as a result of its participation through the suspension date shall
be paid in full by the County.
11. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the
Parties, this Agreement does not and is not intended to create any obligation, duty,
promise, contractual right or benefit, right to indemnification, right to subrogation,
and/or any other right in favor of any other person or entity.
12. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and
local statutes, ordinances, regulations, administrative rules, and requirements
applicable to its activities performed under this Agreement, including, but not limited
to, the policies, procedures, rules and regulations attached as Exhibits to this
Agreement, and properly promulgated amendments to those Exhibits.
13. DISCRIMINATION. The Parties shall not discriminate against their employees,
agents, applicants for employment, or other persons or entities with respect to hire,
tenure, terms, conditions, and privileges of employment, or any matter directly or
indirectly related to employment, in violation of any federal, state or local law.
14. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and
maintaining, throughout the term of this Agreement, all licenses, permits, certificates,
and governmental authorizations for its employees and/or agents necessary to perform
all its obligations under this Agreement. Upon request, a Party shall furnish copies of
any permit, license, certificate or governmental authorization to the requesting Party.
15. RESERVATION OF RIGHTS. This Agreement does not and is not intended to
impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal
right, privilege, power, obligation, duty, or immunity of the Parties.
16. FORCE MAJEURE. Each Party shall be excused from any obligations under this
Agreement during the time and to the extent that a Party is prevented from
performing due to causes beyond such Party's control, including, but not limited to,
an act of God, war, acts of government (other than the Parties'), fire, strike, labor
disputes, civil disturbances, reduction of power source, or any other circumstances
beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
17. DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the
prior written consent of the other Party. A delegation, subcontract and/or assignment
made without the prior written consent of the other Party is void.
1
4 Final - Sterling Heights NET Interlocal Agreement.doc
18. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Party to pursue or enforce any rights or remedies under this Agreement shall
constitute a waiver of those rights with regard to any existing or subsequent breach of
this Agreement. No waiver of any term, condition, or provision of this Agreement,
whether by conduct or otherwise, in one or more instances shall be deemed or
construed as a continuing waiver of any term, condition, or provision of this
Agreement. No waiver by either Party shall subsequently affect its right to require
strict performance of this Agreement.
19. SEVERABILITY. If a court of competent jurisdiction finds a term or condition of
this Agreement to be illegal or invalid, then the term or condition shall be deemed
severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force.
20, CAPTIONS. The section and subsection numbers, captions, and any index to such
sections and subsections contained in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive meaning. The
numbers, captions, and indexes shall not be interpreted or be considered as part of this
Agreement. Any use of the singular or plural number, any reference to the male,
female, or neuter genders, and any possessive or nonpossessive use in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context
requires.
21. NOTICES. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail postage prepaid, and addressed to the person listed below. Notice will be
deemed given on the date when one of the following first occur: (1) the date of actual
receipt; (2) the next business day when notice is sent express delivery service or
personal delivery; or (3) three days after mailing by first class or certified U.S. mail.
21.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland
County Sheriff, Law Enforcement Complex, 1201 N. Telegraph, Building 10
East, Pontiac, MI 48341-1044 and Chairperson of the Oakland County Board of
Commissioners, 1200 North Telegraph, Building 12 East, Pontiac, Michigan
48341-0470.
21.2. If Notice is sent to the Participating Agency, it shall be addressed to:
Sterling Heights Police Department, Chief of Police, 40333 Dodge Park Road,
Sterling Heights, MI 48313, and City of Sterling Heights, City Manager, 40555
Utica Road, Sterling Heights, MI 48311-8009.
21.3. Either Party may change the address and/or individual to which Notice is
sent by notifying the other Party in writing of the change.
22. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This
Agreement shall be governed, interpreted, and enforced by the laws of the State of
Michigan. Except as otherwise required by law or court rule, any action brought to
enforce, interpret, or decide any Claim arising under or related to this Agreement
shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th
District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable
jurisdiction of the court. Except as otherwise required by law or court rule, venue is
proper in the courts set forth above.
5 Final - Sterling Heights NET Interlocal Agreement.doc
EXECUTED: i
Name: Ai ar it- I), tAtAcierft ,"
Title: C
DATE: tiA/C2
WITNESSED:
Ruthlohns
County of 0
1 1,
Clerk, Register of Deeds
land
23. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, rescissions, waivers, or releases to this Agreement must be in writing
and agreed to by both Parties. Unless otherwise agreed, the modification,
amendment, rescission, waiver, or release shall be signed by the same persons who
signed the Agreement or other persons as authorized by the Party's governing body.
24. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supercedes all other oral or
written Agreements between the Parties. The language of this Agreement shall be
construed as a whole according to its fair meaning and not construed strictly for or
against any Party.
The Parties have taken all actions and secured all approvals necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
IN WITNESS WHEREOF, Mc; k D. 1./4 Ade e.c
hereby acknowledges that he is authorized as the City Manager of the City of Sterling
Heights to execute this Agreement on behalf of the City of Sterling Heights.
WITNESSED: ifrait„ (2_0 DATE:
Name Gt.14, /ter C. e /6,..r,red
Title c ;y7 C-/er
IN WITNESS WHEREOF, Bill Bullard, Jr., Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners, a certified copy of which is attached, to
execute this Agreement on behalf of the County of Oakland.
EXECUTED:
B 11 Bullard, Jr. Chairperson
Oakland County Board of Commissioners
DATE:
DATE: °<-11/7 /05-
6 Final - Sterling Heights NET Interlocal Agreement.doc
OAKLAND COUNTY NARCOTIC ENFORCEMENT TEAM
("NET") BYLAWS
MISSION:
To encourage interagency cooperation between law enforcement agencies within
Oakland County and other federal agencies in an effort to apprehend and convict
those involved in the use, sale, and distribution of illegal drugs and narcotics.
GOAL:
1. To investigate drug trafficking within Oakland County with the purpose of
detecting and apprehending persons who violate narcotic and drug laws.
2. To provide a means of training officers of these agencies in the techniques
of narcotic and drug law enforcement.
INTER-AGENCY PROGRAM
A. Jurisdiction/Assignment
The properly designated official of each Participating Agency may, at its
discretion, assign approved personnel from its department to NET without
regard to the corporate limits of its governmental jurisdiction. The Sheriff
shall deputize all personnel assigned to NET after meeting the specified
criteria for deputation.
B. Personnel
Each Participating Agency shall be solely responsible for all costs
associated with employment of personnel, including but not limited to,
wages, salary, overtime, benefits, local, State and Federal taxes associated
with employment, and worker's compensation.
C. Withdrawal and/or Temporary Recall of Personnel
A Participating Agency may withdraw or recall personnel at any time after
notification to the NET Commander.
H. OPERATION
A. Oakland County Narcotic Enforcement Team Advisory Board ("Board")
-1-
The purpose of the Board shall be to:
1. Provide recommendations and counsel regarding the direction and
operation of NET; and '
2. Create and regularly review the NET Bylaws and amend them if
necessary.
3. The Board shall meet at least quarterly. Proper notice of the
meetings shall be sent to all Participating Agencies at least seven
(7) calendar days before the meeting is scheduled.
4. The Board shall keep other law enforcement agencies within
Oakland County appraised of trends in narcotic trafficking within
Oakland County.
The Board shall consist of signatories or their designees of the Interlocal
Agreement who supply personnel to NET on a full time basis, and a
representative of the Oakland County Prosecutor's Office and the Federal
Bureau of Investigations.
I. Voting Member — A voting member shall consist of any
member of the Board or their designees.
2. Non-Voting Member - A non-voting member shall consist
of any chief, director or special agent in charge of a Non-
Participating Agency who are not voting members.
B. Chairperson
A Board Chairperson shall be elected by the Board annually and will
corrunence office January 1. The Chairperson shall preside over Board
meetings, coordinate activities of the Board and cause minutes of each
meeting to be published and delivered to each Board member. Said
minutes shall be available to each Participating Agency within fifteen (15)
days after each official Board meeting, upon request. The Chairperson
must be a voting member and may not be a representative from the
Sheriff's Department or State Police.
C. Vice Chairperson
A Board Vice-Chairperson shall be elected annually and will commence
office on January 1. The Vice-Chairperson shall fill in should the
Chairperson be unavailable.
D. Secretary
-2-
A Secretary shall be elected by the Board annually and commence office
Janunry 1. It shall be the Secretary's duty to record the minutes of all
meetings of the Board.
E. NET Commander
The Oakland County Sheriff shall appoint a NET Commander who shall
manage all NET operations. The NET Commander shall, in all cases, be
the commanding officer of the entire operation. All NET personnel shall
be under the immediate command of the NET Commander or his
designee.
It will be the responsibility of the NET Commander to control and assign
equipment and personnel as necessary. The NET commander will also be
the director of field operations.
III. PROCEDURES
A. Requests for Assistance
The chief, commanding officer, director, or other designated official of a
Participating Agency or any other law enforcement agency within
Oakland County, may request aid in enforcing controlled substance laws
within his jurisdiction as he shall deem necessary. A request for
assistance may be made by phone, personal contact, or by mail.
1. Priority
Generally, requests shall be approved for assignment only after
some preliminary investigation has been accomplished by the
requesting Agency and it is known that an actual violation exists.
1 Evaluation of Requests
a. All requests shall be reviewed and evaluated by the NET
Commander or the designee prior to a decision regarding
its disposition.
b. Those requests that are considered operational shall be
approved for assignment by the NET Commander.
c. In all cases, the NET Commander will respond to the
requesting Agency regarding the status of the complaint.
B. Division of Forfeiture Funds. At the end of every fiscal year, adjudicated
federal and state forfeitures will be totaled for disbursement back to Participating
Agencies. First, NET will budget (be reimbursed) for the following expenses: (I)
non-OCSD and non-Michigan State Police ("MSP") vehicles related to NET
operations; (2) radios; (3) cellular telephones; and (4) officer equipment To the
extent that these expenses are not covered by available grants, the adjudicated
forfeitures will first be distributed to cover the expenses set forth above. The
remaining adjudicated forfeitures will then be divided among the Participating
Agencies based on an average number of full-time personnel supplied to NET
The average full-time personnel is the average number of full-time employees
supplied to NET over the previous four years. This average percentage for each
Participating Agency will be applied to the remaining adjudicated forfeitures for
disbursement.
IV. REPORTING AND RECORDS
A. NET shall compile and maintain adequate records of every operation of
NET and shall provide the same to every law enforcement agency within
Oakland County upon request.
A complete report of the actions of NET shall be complied, as directed by
the NET Commander, as each operation progresses.
C. All original reports shall be sent to the Oakland County Sheriffs
Department Record Bureau.
D. Copies of original reports may be made available to any Participating
Agency upon request, through the NET Commander.
E. It shall be the responsibility of the NET Commander to see that a quarterly
and annual progress report is complied and submitted to the Advisory
Board.
F. Records relating to NET operations shall be maintained as designated by
the NET Commander.
V. ASSIGNMENT OF PERSONNEL
A. The Oakland County Sheriffs Department will supply a NET
Commander.
B. Personnel assigned to NET shall be given their assignments or relieved of
those assignments at the discretion of the NET Commander.
-4-
C. Although it is not mandatory that agencies making requests for assistance
assign personnel to NET during the duration of the requested operation, it
is obviously beneficial, as prosecution of the case is frequently the
responsibility of the requesting agency.
All personnel assigned to NET shall be under the direction of the NET
Commander, or designated authority, and shall be subject to their
command, regardless of position or rank.
VI. SELECTION OF PERSONNEL
It will be the responsibility of the Participating Agencies to assign personnel to
NET It is recommended that a minimum of two years be committed to the Unit
in order to maintain training and integrity.
VII. EQUIPMENT
A. All equipment needed for the operation of NET will be provided by
Oakland County.
I.
Radio frequencies presently assigned to Oakland County will be
used by NET.
B. A schedule of equipment available for NET'S use shall be prepared and
submitted by each Participating Agency to the NET Commander upon
request.
I. The schedule shall include equipment which is available to NET
on a full-time basis and equipment which is available on a part-
time
2. Each Participating Agency assigning an officer on a full-time basis
shall provide the NET Commander with a list of firearms the
officer has been trained to use and is qualified to carry.
VIII. PROSECUTION
A. All evidence seized by NET personnel will be retained by NET until
disposition of the specific investigation and/or case.
B. The NET Commander shall determine the disposition of any investigation
and/or proper prosecution authority for case presentation when applicable.
IX. PUBLICITY
-5-
The Oakland County Sheriffs Department Public Information Officer or
his designee and the Oakland County Prosecutor's Office shall be solely
responsible for all news releases.
B. Personnel assigned to NET are prohibited from discussing or providing
information to the media on NET'S operations or activities without prior
permission of the NET Commander or his designee.
C. If a Participating Agency authorizes information regarding NET'S
operations or activities to be used by the media without prior permission
of the NET Commander or his designee, then the Agency's participation
in NET may be discontinued upon a recommendation of the Advisory
Board.
X. RULES OF ORDER
Robert's Rules of Order, Newly Revised Edition, shall be the parliamentary
authority of the Board and shall govern proceedings of the Board and its
Committees. Any bylaws adopted by the Board shall supersede any rules in
parliamentary authority with which they conflict.
XI. AMENDENT
These Bylaws may be amended at any regular meeting of the Board by a majority
vote of the voting Board members, provided that the amendment has been
submitted in writing at the previous regular meeting.
2000-0782 NET interiocal AgreernentTinal NET BYLAWS.doc
•
Exhibit B
Liability Protection
Because the individuals supplied by a Participating Agency for involvement in NET are
under the control and supervision of the NET Commander, such individuals will be
covered under the County Indemnification Policy (specifically County Miscellaneous
Resolutions 85339 and 86124 and any amendments thereto) while acting within the scope
of their authority under NET
Exhibit B
Liability Protection
Because the individuals supplied by a Participating Agency for involvement in NET are
under the control and supervision of the NET Commander, such individuals will be
covered under the County Indemnification Policy (specifically County Miscellaneous
Resolutions 85339 and 86124 and any amendments thereto) while acting within the scope
of their authority under NET. Although the County Indemnification Policy, on its face.
only applies to individuals who are employees of the Count-v, it is the explicit intent of
the parties to this Interlocal Agreement that the Participating Agency's employee(s) shall
be covered by the County Indemnification Policy to the full extent that an officer or
employee of Oakland County is (or would be) covered. The express language of the
County Indemnification Policy (Miscellaneous Resolutions 85339 and 86124) is hereby
adopted by reference as if fully set forth verbatim in this Interlocal Agreement, except
that the definition of "officer or employee of the County of Oakland" shall be expanded
for purposes of this Interlocal Agreement to include the Participating Agency's
employee(s), and the meaning of the phrases "in the course of employment" and/or
"while acting within the scope of his or her authority" shall be interpreted to include the
actions of the Participating Agency's employee(s) while working, pursuant to this
Interlocal Agreement. with or at the direction of NET. The County Indemnification
Policy is attached to, and part of. this Exhibit B.
,a4t,-Lf Mal re'z'L\ri•!)
. 01/1912005 16:18 FAX 2458581003
lit) 017
e),/Cif
MICHAEL J. BOUCHARD, SHERIFF
OAKLAND COUNTY SHERIFF'S DEPARTMENT
APPLICATION FOR DEPUTATION FORM
NAME: SOC. SEC. #:
DRIVER'S LICENSE #:
HOME ADDRESS •
CITY, STATE, ZIP:
HOME PHONE #: WORK PHONE #:
EMPLOYED BY:
ADDRESS:
SUPERVISOR'S NAME & PHONE:
HEIGHT: WEIGHT. EYE COLOR: HAIR COLOR:
DATE OF BIRTH:
DATE OF HE: VERIFIED BY:
DATE:
CURRENT DEPUTY STATUS:
POSITION APPLYING FOR:
DEPUTY CARD TYPE: rIEPUTY CARD It:
DATE ISSUED: RECEIVED BY:
RELEASE OF INFORMATION
TO WHOM IT MAY CONCERN:
t hereby authorize any representative of the Oakland County
Sheriffs Department bearing this release to obtain information regarding my background. I
understand the Law Enforcement Information Network will be utilized by the Department to access
and review traffic records, criminal records, and warrants, in addition to any other cheek deemed
necessary to authorize clearance for the Oakland County Sheriffs Department.
I hereby release you, the institution or establishment and related Personnel; both individually and
collectively, from any and all liability for damages of whatever kind which may at any time result to
rne, my heirs, family, or associates because of compliance or any attempt to comply with this
authorization and request to release information.
DATE:
Signature of Applicant
TOM 1M 0M=
Notary Public
OaklAnd County, Michigan
My Commission Expires:
JAN 19 '05 15:33
. 01/18/2006 16:19 FAX 2488581003 Z018
C
OAKLAND COUNTY SHERIFF'S DEPARTMENT
APPOINTMENT OF SPECIAL DEPUTY SHERIFF
AFFIDAVIT W 1 INSURANCE & BOND REQUIREMENTS
TO WHOM THESE PRESENTS MAY COME:
By virtue ofth power in me vested by the Statute in such case made and provided, I, Michael J. Bouchard,
Sheriff of the County of Oakland, do hereby appoint
Special Deputy Sherift during his/her tenure as, and by virtue of his/her occupying the position of
POLICE OFFICER ,at the
during the term of my elected office ending December 31,2004, or to serve during my pleasure so long as
valid insurance and bond requirements are maintained,
CURRENT INSURANCE EXPIRES . CURRENT BOND EXPIRES
Said Special Deputy Sheriff has the following law enforcement authority:
To detect and prevent crimes and enforce the gereral
criminal laws of the State of Michigan in Oakland County;
and as directed by their Chief / Administrator and approved
by the Sheriff
Dated:
Michael J. Souchard
************.****** ***** ***UNDERSTANDING OF AUTHORITY".******""""******"*"*"""*"0"
I fully understand that as a Special Deputy Sheriff my authority extends only to those acts which the
Sheriff has authorized me to perform by this instrument.
Special Deputy Signature
Subscribed and sworn to before me this day of A.D., 20
01/19V2005 16:19 FAX 246.8581003 Litols
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http://www.usdoj.govidedstats/overview.htm
DEA
iew of Drug Use in the United States
U.S. Department of Justice
Drug Enforcement Administration
Number of Past•Mootb Mott Drug users
(n nlJlon
Age t2 and Older i
131
191,4 11r91 1994 1911S 1914 1997 19941 1919
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11.4
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OVERVIEW OF DRUG USE IN THE UNITED
STATES
The National Household Survey on Drug Abuse, an annual survey
conducted by the Substance Abuse and Mental Health Services
Administration, estimates the prevalence of illicit drug use in the
United States and monitors the trends in use over time. It is based on a
representative sample of 25,500 persons from the U.S. population aged
12 and older. The following are some important statistics from this
study, published in 2000:
• An. estimated 14_8 million Americans were current users of illicit
drugs in 1999, meaning they used an illicit drug at least once
during the 30 days prior to being interviewed. By comparison, the
number of current illicit drug users was at its highest level in
1979 when the estimate was 25.4 million.
• More than 1 in 10 (10.9 percent) youth aged 12-17 were current
users of illicit drugs in. 1999. The rate was highest in 1979 (16.3
percent), declined to 13 percent in 1992, then increased to 10.9
in 1995. The percentage of youth reporting current use of illicit
drugs has fluctuated since 1995 (9 percent in 1996 and 11.4
percent in 1997).
• The survey found that 171 percent of young adults aged 18 to 25
were current users of illicit drugs in 1999. This rate has been
gradually rising, up from 13.3 percent in 1994.
• In 1999, an estimated 208,000 Americans were current users of
heroin, more than tripling the number in 1993 (68,000). The
average age of heroin users is rapidly dropping. In 1998, the
typical heroin user was 21.3 years old the first time they tried the
drug, down from 25 years old in. 1990.
• There were an estimated 991,000 new inhalant users in 1998.
This number is up 154 percent from 1990, when it was 390,000.
Of first-time inhalant users in 1998, 62 percent were between the
ages of 12 and 17.
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igniiew of Drug Use in the United States
Slate of Florida
geruirt-Related Death*
205
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Numerous states have experienced an increase in drug-related deaths.
Heroin-related deaths, in particular; are rising as a result of the
increasing purity and decreasing price of that drug.
• New Mexico: The Office of the Medical Investigator reported
that drug-related deaths increased by nearly 100 percent over the
past nine years. Viewed in 3-year increments, deaths rose from
205 during 1989-1991, to 317 during 1992-1994, to 401 during
1995-1997.
• Florida: The Medical Examiner's Commission reported that
heroin-related deaths skyrocketed from 28 in 1993 to 206 in
1998, an increase of more than 600 percent.
• California: The Department of Alcohol & Drug Programs
reported an increase in drug-related deaths for the two-year period
1996-1997 (5,407 deaths) compared to the previous period,
1994-1995 (5,335 deaths).
A //54/1AeN't 0 •4A • JAN 19 '05 15:33 24RR5R1 MGR PanP vn
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Marijuana - Total Population
Table 3A. Marijuana Use by Gender Within Age Group for Total Population in 1998
AGE/ Ever Used Used Past Year 1 I Used Past Month
/GENDER Observed 95% C.I. Observed 95% C.I. Observed 95% C.L
Estimate, 1, Estimate Estimate
RATE ESTIMATES (Percent)
12-17 (15.7 18,3) 1 114.1 (12.9 -115.3)1 8.3 (7.2_ -
Male 17.7 ... (16.0 - 19.7) 14.4 (12.81- 16.4 18.6 (7.41 10.1)
H Female 16.1 (14.3 -1'18.2) 13.7 (12.01'I 15.0 7.9 (6.41 -19.7)
118-25 44.6 } (42.5 -146.7) 24.1 (22.1-, 26.01 113.8 , (12.5 - 15.2)
Male 49.4 (46.1 -1152.6) 1 128.1 (25.3 - 31.1 17.2 (15.21 - 19.3) A
I Female 39.8 (371 -142.4) I 120.0 1 (17.7- 22.6)1 110.3 (8.8 -4 12.1)'
"
26-34 - 47.9 I (45.1 50.0) 9.7 (8.6 •l1.0 5.5 (4.6 -6.5) 1
Male _ 53.2 (50.1 -1 56.3) I 1 13,0 (11.1 - ' 15.1Y 8.1 (6.6 - 9.9)
1 Female 42.7 (39.91 - 45.5) 16.5 (5.4 - 7.8) 2.9 (2.2 -, 3.8)
1 35 .-29.4
11( (27.7 3 1 .3) 4.1 1 (3.51 - 14.7) 1 1 2.5 (2.1 3,1)
Male _135.8 (33.3 - 38.4) 15.6 f (4,61 _ 6.8) 3.5 (2.7 - 4.5)
Female 23.8 , (21.8, - 25.9) 2.7 (2.2 - 3.5) 1.7 il (1.2 2.3)
I
I TOTAL :33.0 , (31.6 - 34.4) . 8.6 (8.0 -19.2) 11 115.0 t (4.6 5.5)
1 1 fi I Male 38.5 (36.8 - 40.2) 10.8 (10.0 - 11.6) 6.7 (6.0 7.4) 1 , Female
27.9 (26.3 29.6) 6.5 (5.9 - 7.2) 3.5 (3.1 4.0)
_
POPULATION ESTIMATES (In Thousands)
oi /nRnturt R 416 AM
"DACC)0 CVA7 innrr.
••••• • • •---- -
JAN 19 '05 1533
01/1V2005 16:20 FAX 0248,8581003 •23024
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12-17
Male
Female
JAN 19 '05 15:34 2489591003 PE. 24
497 (396 - 623) 379 (285 - 503) 186 (121 - 283)
227 (161 - 320) 151 (100 - 227) 72 (40 - 129)
270 (195 - 372) 228 (155 - 333) 114 (65 - 200)
18-25 2,805 (2,502 - 3,140) 1,306 (1,097 - 1,552) 548 (409 - 733)
Male 1,737 (1,500 - 2,006) 834 (666 - 1,042) 364 (250 - 529)
Female 1,068 (890 - 1,278) 472 (353 - 628) 183 (118 - 283)
26-34 5,906 (5,387 - 6,464) 942 (731 - 1,211) 404 (279 - 584)
Male 3,318 (2,924 - 3,752) 618 (440 - 863) 243 (143 - 411)
Female 2,588 (2,266 - 2,948) 324 (229 - 457) 161 (100 - 258)
z35 13,880 (12,405 - 15,508) 1,185 (888 - 1,579) 612 (405 - 925)
Malt 8,525 (7,379 - 9,817) 796 .(555 - 1,141) 453 (270 - 758)
Female 5,356 (4,564 - 6,272) 388 (242 - 622) 160 (84 - 303)
TOTAL 23,089 (21,390 - 24,906) 3,811 (3,342 - 4,3.44) 1,750 (1,428 - 2,143)
Male 13,807 (12,587 - 15,127) 2,399 (2,027 - 2,837) 1,132 (866 - 1,478)
Female 9,282 (8,348 - 10,310) 1,412 (1,147 - 1,736) 618 (470 - 811)
" Low precision; no estimate reported.
Source: Office of Applied Studies, SAMHSA, National Household Survey on Drug Abuse, l9911
FISCAL NOTE (MISC. #05035) March 10, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: SHERIFF'S OFFICE - NARCOTICS ENFORCEMENT TEAM (NET) INTERLOCAL
AGREEMENT WITH THE CITY OF STERLING HEIGHTS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The City of Sterling Heights is requesting to join the Oakland
County Narcotics Enforcement Team,
2. The Sheriff and the NET Advisory Board have agreed to allow the
City of Sterling Heights to participate in NET and agreed to the
proposed interlocal agreement.
3. There is no financial impact on the county's general fund budget
under the proposed agreement. The grant and forfeiture revenues
fund the cost of NET vehicles and related equipment.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #05035 February 17, 2005
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Resolution #05035 March 10, 2005
- -
Moved by Molnar supported by Melton the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, KowaII, Long,
Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Wilson, Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
I BEN APPROVE THE FORMIC RESOLUTION
3 ie/Ps
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 10, 2005
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 10th day of March, 2005.
Ruth Johnson, County Clerk