HomeMy WebLinkAboutResolutions - 2019.01.24 - 30965MISCELLANEOUS RESOLUTION #19016 January 24, 2019
BY: Commissioner Gary McGillivray, Chairperson, Public Safety and Social Justice Committee
IN RE: SHERIFF'S OFFICE — SPECIAL WEAPONS AND TACTICS TEAM (SWAT) INTERLOCAL
AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff's Office has an established SWAT team of specially trained Oakland County
Sheriff's deputies who respond to high-risk and critical incidents; and
WHEREAS the South East SWAT Team has chosen to dissolve and several agencies have requested to
join the Oakland County Sheriff's Office SWAT Team; and
WHEREAS the Sheriff has agreed to allow the following agencies to participate in the Oakland County
Sheriff's Office SWAT Team: Berkley Public Safety Department, Hazel Park Police Department, Ferndale
Police Department, Madison Heights Police Department, Huntington Woods Public Safety Department
and Royal Oak Police Department; and
WHEREAS the agencies 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 and authorizes the Chairperson of the Board to sign the agreements.
BE IT FURTHER RESOLVED the budget is amended as follows;
GENERAL FUND (#10100)
Revenue
4030501-110110-631460
FY 2019— FY 2021
Sheriff ERP — Participation Fees
Total Revenue
$ 15,000
$ 15,000
Expenditures
4030501-110110-750070
4030501-110110-774677
Sheriff ERP - Deputy Supplies
Sheriff ERP - Insurance
Total Expenditures
$ 3,200
$ 11 800
8 15,000
Chairperson, on behalf of the Public Safety and Social Justice Committee, I move adoption of the
foregoing resolution.
Commissioner'Gary McGillivray, Distrialt #20
Chairman, Public Safety and Social Justice
Committee
PUBLIC SAFETY AND SOCIAL JUSTICE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Hoffman absent.
AGREEMENT FOR PARTICIPATION WITH THE OAKLAND COUNTY
SHERIFF'S OFFICE SWAT TEAM
BETWEEN
COUNTY OF OAKLAND, THE OAKLAND COUNTY SHERIFF,
AND
[MUNICIPALITY]
This Agreement ("Agreement") is made between OAKLAND COUNTY, a Michigan
constitutional and municipal corporation, whose address is 1200 North Telegraph,
Pontiac, Michigan 48341 ("County"), the OAKLAND COUNTY SHERIFF, a Michigan
constitutional officer, whose address is 1200 North Telegraph Rd., Pontiac, Michigan
48341, Bldg. #38 East ("Sheriff), and [MUNICIPALITY], a municipal corporation
whose address is [address] ("Municipality"). In this Agreement, the County, Sheriff, and
the Municipality may also be referred to individually as "Party" or jointly as "Parties."
In consideration of the mutual promises, obligations, representations, and assurances in
this Agreement, the Parties agree to the following:
1. AUTHORITY. Authority for the Parties to enter into this Agreement can be found at
1951 PA 35 (MCL 124.1 et ,veq.).
2. PURPOSE. The purpose of this Agreement is to delineate the responsibilities of the
Parties associated with the Municipality's participation with the SWAT team. This
Agreement is not intended, and should not be construed, to create any right or benefit
enforceable by law or otherwise by any third party against the Parties or the officers,
employees, agents, or other associated personnel thereof.
3. DEFINITIONS. The following words and expressions, whether used in the singular
or plural, within or without quotation marks, or possessive or non-possessive, are
defined as follows:
3.1. Oakland County Sheriffs Office (OCSO) means the County and the Sheriff
jointly.
3.2. Special Weapons and Tactics Team (SWAT team) means OCSO's select team
of specially trained Oakland County Sheriff's deputies who respond to
emergency and critical incidents including, but not limited to, barricaded
gunmen, high-risk warrant arrests, drug raids, and civil disorder.
[MUNICIPALITY] - Agreement for Participation in the OCSO' s SWAT Team
Page 1
4. MUNICIPALITY'S RESPONSIBILITIES.
4.1. The Municipality may designate one or more of its full-time employees with
MCOLES certification to try out for the SWAT team. If OCSO selects a
Municipality employee for the SWAT team, the Municipality may authorize that
employee to participate on the SWAT team.
4.2. If the Municipality authorizes its employee to participate on the SWAT team:
4.2.1. The Municipality will pay annually $2,500.00 to the County. Payment is
due within 30 days of receipt of a written invoice from the County. This
payment will be put toward costs associated with the Municipality-
employee's training and participation on the SWAT team.
4.2.2. The Municipality will allow its employee to attend all SWAT team
training sessions.
4.2.3. The Municipality will permit its employee to respond to SWAT team call-
outs when requested by OCSO. The Municipality's permission may be
granted on a case-by-case basis and will not be unreasonably withheld.
4.2.4. The Municipality will promptly notify the OCSO of any personnel action
involving a Municipality-employee SWAT team member, including but
not limited to, any reprimand, suspension, discharge, resignation, or
demotion. The Municipality also agrees that it will promptly notify the
OCSO of any complaint, charge, or allegation of misconduct, whether
civil or criminal in nature, that the Municipality becomes aware of
regarding any Municipality-employee SWAT team member.
4.3. All employment-related costs of the Municipality-employee, including, but not
limited to, wages, salary, overtime, benefits, local, state and federal taxes
associated with employment, and worker's compensation, shall be the sole
responsibility of the Municipality at all times.
5. OCSO's RESPONSIBILITIES.
5.1. The OCSO will provide:
5.1.1. Training for the Municipality-employee SWAT team member.
5,1.2. Deputation of the Municipality-employee SWAT team member, as set
forth in Section 6.
5.1.3. Liability protection for the Municipality-employee SWAT team member
as set forth in Section 9.
5.2. The OCSO will dispatch its SWAT team to provide aid to the Municipality on an
as-needed and as-available basis, as solely determined by the Sheriff using
generally accepted standards for police protection.
6. DEPUTATIONS
6.1. Subject to a background inquiry, a Municipality-employee must be sworn as a
special deputy of the Oakland County Sheriff before acting as a SWAT team
[MUNICIPALITY] - Agreement for Participation in the OCSO's SWAT Team
Page 2
member. The deputation must remain in effect throughout the tenure of each
Municipality-employee's assignment to the SWAT team.
6.2. Administrative and personnel policies imposed by the Municipality will not be
voided by deputation of its employee. However, deputized Municipality-
employees must follow OCSO' s orders, rules, regulations, policies, and
procedures when acting as a member of the SWAT team under this Agreement.
6.3. This Agreement does not, in any manner, limit the unilateral and complete
discretion of the Sheriff to deputize, refuse to deputize, or revoke the deputation
of any Municipality-employee at any time and for any reason.
6.4. If a Municipality-employee's deputation is revoked, the Municipality-employee
shall be considered immediately terminated from the SWAT team. The
Municipality may designate another Municipality-employee to try out for the
SWAT team.
7. DURATION
7.1. Prior to its effectiveness, this Agreement and any amendments hereto must be:
7.1.1. Signed by all Parties.
7.1.2. Approved by the Parties' respective governing bodies. Such approval
shall be entered in the official minutes of the governing body of each
Party.
7.1.3. Filed with the Oakland County Clerk and the Secretary of State, in
compliance with MCL 124.510(4).
7.2. This Agreement becomes effective when the requirements in Section 7.1 are met
and will remain in effect until terminated as set forth in 7.3.
7.3. Any Party may terminate this Agreement for any reason upon 30 days written
notice. The effective date for termination or cancellation shall be clearly stated
in the notice.
8. NOTICES.
8.1. Notices given under this Agreement must be in writing and sent via certified mail
or first-class U.S. mail as follows:
8.1.1. To the Sheriff: Oakland County Sheriff, 1200 N. Telegraph, Building 38
East, Pontiac, MI 48341.
8.1.2. To the County: Chairperson of the Oakland County Board of
Commissioners, 1200 North Telegraph, Building 12 East, Pontiac,
Michigan 48341.
8.13. To the Municipality: Chief of Police, [MUNICIPALITY POLICE
DEPARTMENT AND ADDRESS]
[MUNICIPALITY] - Agreement for Participation in the OCSO' s SWAT Team
Page 3
9. LIABILITY.
9.1. The Municipality shall immediately notify OCSO of any civil, administrative,
or criminal claim, complaint, discovery request, or other request for
information that the Municipality receives notice concerning or arising from
the conduct of any Municipality-employee SWAT team member or otherwise
relating to the SWAT team.
9.2. Except as provided in Section 9.3, 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.
9.3. Whenever a claim is made or a civil action is commenced against a
Municipality-employee arising from alleged negligent or wrongful conduct by
the Municipality-employee while acting under the direction and control of
OCSO and within the scope of his or her authority as a deputized member of
the SWAT team pursuant to this Agreement, the Municipality may request that
the County defend and indemnify the Municipality-employee. Under such
circumstances, the Municipality-employee will be covered under the County
Indemnification Policy (specifically, County Miscellaneous Resolutions 85339
and 86124 and any amendments thereto). Consistent with County
Miscellaneous Resolutions 85339 and 86124, and as further described in such
Resolutions, the County will select the attorney to represent the Municipality-
employee and will have control and supervision over the claim or civil action
including, but not limited to, settlement of the claim or lawsuit.
9.4. Notwithstanding the indemnification under Section 9.3, OCSO will not be
responsible for the Municipality-employee's conduct that is not under the
direction and control of the OCSO, authorized by OCSO, or undertaken outside
the scope of a Municipality-employee's SWAT duties and assignments under
this Agreement.
10. DISCRIMINATION. The Parties may not discriminate against their employees,
agents, applicants for employment, or any other person or entity 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.
11. RESERVATION OF RIGHTS. This Agreement does not and is not intended to
impair, divest, delegate, or contravene any constitutional, statutory, or other legal
right, privilege, power, obligation, duty, or immunity of the Parties.
12. 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.
[MUNICIPALITY] - Agreement for Participation in the OCSO's SWAT Team
Page 4
13. MODIFICATIONS.
13.1. This Agreement may be modified at any time by written consent of all Parties.
13.2. Modifications to this Agreement shall have no force and effect unless such
modifications are in writing and the requirements in Section 7.1 are met.
14. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supersedes all other oral or
written Agreements between the Parties.
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.
THE COUNTY OF OAKLAND:
BY: DATE:
David T. Woodward, Chairman, Oakland County Board of Commissioners
OAKLAND COUNTY SHERIFF MICHAEL J. BOUCHARD:
BY:
Oakland County Sheriff
[MUNICIPALITY]
BY:
[NAME], title
DATE:
DATE:
[MUNICIPALITY] - Agreement for Participation in the OCSO's SWAT Team
Page 5
Resolution #19016 January 24, 2019
Moved by Gingell seconded by Jackson the resolutions on the amended Consent Agenda be adopted
(with accompanying reports being accepted).
AYES: Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Taub, Weipert, Woodward, Zack,
Gershenson. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted (with accompanying reports being accepted).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO mci, 4%559A(7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 January 24,
2019, 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 24th day of January, 2019.
Lisa Brown, Oakland County