11 - Surplus of Police Department Canine Cupa & transferTO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Richard W. Salter, Jr., Chief of Police
SUBJECT: RESOLUTION REQUESTING THE SURPLUS OF POLICE
DEPARTMENT CANINE, CUPA, AND HIS TRANSFER TO OFFICER -
HANDLER JEFF PADIER IN ACCORDANCE WITH TEXAS
GOVERNMENT CODE 614.212 - 216
DATE: July 25, 2022
BACKGROUND:
The Paris Police Department acquired Cupa, a law enforcement trained
canine as a drug detection and patrol dog on or about September 16, 2016, at which time Cupa,
along with his handler Officer Jeff Padier, started working the streets of Paris together as a team.
For the past six years Cupa has worked beside Officer Padier responding to calls for service on
patrol, detecting narcotics and representing the police department on many community outreach
events. Officer Padier has cared for Cupa off-duty at his home since they became partners. The
Texas Government Code, Section(s) 614.212 — 6514.216 provides guidelines for, and authorizes
a governing body of a political subdivision to transfer a Law Enforcement Animal to its handler
upon the animal's retirement.
STATUS OF ISSUE: The governing body of a state agency or political subdivision may enter
into a contract for the transfer of a law enforcement dog with its former handler after the dog has
been determined suitable for transfer upon surplus to the needs of the City of Paris at the end of
the dog's working life.
Cupa has been determined by Chief of Police Richard Salter to be suitable and eligible for
retirement and transfer to Officer / Handler Jeff Padier who has proven capable of humanely
caring for, and who would best serve the interest of Cupa.
In accordance with Texas Government Code Section 614.214, the City of Paris may further enter
into a contract with Officer Padier, who wishes to adopt Cupa and who has agreed to humanely
care for him, including providing food, shelter, and regular, appropriate veterinary care to
properly provide for the animal's health. Furthermore Officer Padier agrees to comply with all
state and local laws applicable to keeping domestic animals, and will notify the Paris Police
Department in the unlikely event that he is no longer able to humanely care for Cupa.
Per Texas Government Code, Section 614.215, the City of Paris is not liable in a civil action for
any damages arising from the transfer, including damages arising from the animal's law
enforcement training, and is not liable for veterinary expenses of the transferred animal,
including expenses associated with care for a condition of the animal that existed before or at the
time of transfer, regardless of whether the applicable law enforcement agency, state agency, or
political subdivision was aware of the condition.
BUDGET: There is no unanticipated impact to the budget of the Police Department.
RECOMMENDATION: Approval of a Resolution approving the retirement / surplus of Cupa
and Transferring ownership by way of contract to Paris Police Officer Jeff Padier.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE TRANSFER OF SURPLUS POLICE DEPARTMENT
CANINE, CUPA, TO HIS OFFICER -HANDLER JEFF PADIER IN ACCORDANCE
WITH TEXAS GOVERNMENT CODE 614.212-216; APPROVING A
CONTRACT REGARDING SAME AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on or about September 16, 2016, the Department acquired Cupa, a law
enforcement trained canine for duty as a drug detection and patrol dog; and,
WHEREAS, Cupa was trained alongside the Officer, who has been Cupa's handler
throughout Cupa's entire distinguished career with the Department; and
WHEREAS the Chief of Police has determined that Cupa is suitable and eligible for
retirement; and
WHEREAS, Texas Government Code Section 614.212 authorizes the governing body
of a state agency or political subdivision to enter into a contract, governed by Section
614.214, with a person for the transfer of a law enforcement animal that has been
determined by the applicable head of a law enforcement agency to be suitable for transfer
and surplus to the needs of the agency because the animal is at the end of the animal's
working life; and
WHEREAS, the Officer has cared for Cupa throughout his training up until the
present day and has the desire and capability to care for Cupa in a humane manner; and
WHEREAS, the City Council of the City of Paris hereby approves the transfer of Cupa
to Officer Padier in accordance to the Contract for Transfer of Service Animal attached
hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That Canine Officer Cupa shall be transferred to the care of Officer Padier
in accordance to the Contract for Transfer of Service Animal attached hereto as Exhibit A
and incorporated herein by reference.
CONTRACT FOR TRANSFER OF SERVICE ANIMAL
This Contract for Transfer of Service Animal ("Contract") is by and between the City
of Paris, Texas (the "City") on behalf of the Paris Police Department (the "Department") and
Ofc. Jeffrey Padier ("Officer") pursuant to Texas Government Code Section 614.214.
WITNESSETH:
WHEREAS, on or about September 16, 2016, the Department acquired Cupa, a law
enforcement trained canine for duty as a drug detection and patrol dog; and
WHEREAS, Cupa was trained alongside the Officer, who has been Cupa's handler
throughout Cupa's entire distinguished career with the Department; and
WHEREAS, the Chief of Police has determined that Cupa is suitable and eligible for
retirement; and
WHEREAS, Texas Government Code Section 614.212 authorizes the governing body
of a state agency or political subdivision to enter into a contract, governed by Section
614.214, with a person for the transfer of a law enforcement animal that has been
determined by the applicable head of a law enforcement agency to be suitable for transfer
and surplus to the needs of the agency because the animal is at the end of the animal's
working life; and
WHEREAS, the Officer has cared for Cupa throughout his training up until the present
day and has the desire and capability to care for Cupa in a humane manner;
NOW, THEREFORE, the parties hereto agree as follows:
Duties of the City and Department:
• The City and Department hereby transfer ownership of the law enforcement dog Cupa
to the Officer without charge.
• The City and Department shall take possession of the animal upon receipt of
notification or upon determination of the City Council that the Officer is no longer able
to humanely care for him.
Duties of the Officer:
The Officer shall:
• Humanely care for the animal, including providing food, shelter, and
regular and appropriate veterinary care, including medication, to properly
provide for the animal's health;
• Comply with all state and local laws applicable to keeping domestic animals;
and
• Notify the applicable state agency or political subdivision if the Officer is no
longer able to humanely care for the animal.
• Surrender the animal to the Department if the Officer is no longer able to
humanely care for the animal, whether determined by the Officer or by the City
Council.
.Additional Terms:
The Officer acknowledges that pursuant to Texas Government Code Section 614.215,
neither the Department nor the City are liable for any damages arising from the transfer,
including damages arising from the animal's law enforcement training and that the
Department and the City are not liable for the veterinary expenses of the transferred animal,
including expenses associated with care for a condition of the animal that existed before or
at the time of transfer regardless of whether the Department or the City was aware of the
condition.
Signed on this day of July, 2022.
City of Paris, Texas
Grayson Path, City Manager
Ofc. Jeffrey Padier
BEFORE ME, the undersigned authority, on this day personally appeared Grayson Path, City
Manager of the City of Paris, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 2022.
Notary Public, State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey Padier
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 2022.
Notary Public, State of Texas