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HomeMy WebLinkAboutResolutions - 2025.02.11 - 41874 AGENDA ITEM: Interlocal Agreement with the City of Birmingham to join the Oakland County Sheriff's Office Special Weapons and Tactics Team (SWAT) DEPARTMENT: Sheriff’s Office MEETING: Board of Commissioners DATE: Tuesday, February 11, 2025 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2025-4917 Motion to approve the Interlocal Agreement with the City of Birmingham to join the Oakland County Sheriff's Office Special Weapons and Tactics Team (SWAT); further, authorize the Chair of the Board of Commissioners to execute the agreement. ITEM CATEGORY SPONSORED BY Interlocal Agreement Penny Luebs INTRODUCTION AND BACKGROUND The Sheriff’s Office has an established Special Weapons and Tactics Team (SWAT) of specially trained Oakland County Sheriff’s deputies who respond to high-risk and critical incidents. Several agencies have requested to join the Oakland County Sheriff’s Office SWAT Team. POLICY ANALYSIS Oakland County Sheriff's Office responsibilities include: (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 , (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. Set forth in Section 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. No budget adjustment is needed, as the Risk Management Insurance Budget has sufficient funds to absorb the addition of this agreement. In 2021, via MR #21034, the annual participation fee of $2,500 was eliminated, to ensure the fee was not a deterrent for agencies to be able to participate in the SWAT team partnership. BUDGET AMENDMENT REQUIRED: No Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Gaia Piir, Fiscal Officer ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 2/11/2025 AGENDA DEADLINE: 02/21/2025 7:36 PM ATTACHMENTS 1. City of Birmingham Interlocal OCSO SWAT Agreement 2. Birmingham Interest Letter COMMITTEE TRACKING 2025-02-04 Public Health & Safety - Recommend to Board 2025-02-11 Full Board - Adopt Motioned by: Commissioner Penny Luebs Seconded by: Commissioner Michael Spisz Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor, Robert Smiley (18) No: None (0) Abstain: None (0) Absent: Gwen Markham (1) Passed City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 1 AGREEMENT FOR PARTICIPATION WITH THE OAKLAND COUNTY SHERIFF’S OFFICE SWAT TEAM BETWEEN COUNTY OF OAKLAND, THE OAKLAND COUNTY SHERIFF, AND CITY OF BIRMINGHAM 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 the City of Birmingham, a municipal corporation whose address is 151 Martin Street, Birmingham, Michigan 48009 (“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 seq.). 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 Sheriff’s 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. City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 2 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 allow its employee to attend all SWAT team training sessions. 4.2.2. 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. 4.2.3. 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 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- City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 3 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. 8.1.3. To the Municipality: Chief of Police, ________________________ 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. City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 4 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. 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. City of Birmingham - Agreement for Participation in the OCSO’s SWAT Team Page 5 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: ________________________________ DATE: _________________________ Oakland County Sheriff CITY OF BIRMINGHAM: BY:________________________________ _________________________________ Jana Ecker, City Manager DATE: