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2002-177-RES APPROVE/AUTHORIZE EXECUTION OF MUTUAL COOPERATION AGREEMENT ON EXTRATERRITORIAL JURISDICTION RELATED TO COUNTY-WIDE SEX OFFENDER MANAGEMENT ~ ~, RESOLUTION NO. 2002-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A MUTUAL COOPERATION AGREEMENT ON EXTRATERRITORIAL JURISDICTION RELATED TO A COUNTY-WIDE SEX OFFENDER MANAGEMENT & COMPLIANCE TASK FORCE BETWEEN THE CITY OF PARIS, CITY OF RENO, AND THE COUNTY OF LAMAR; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council did heretofore on 14th day of January, 2002, in Resolution No. 2002-020, accept a grant on behalf of the City of Paris Police Department to fund an offender tracking task officer for participation in the comprehensive approaches to sex offender management program pursuant to a grant from the U. S. Department of Justice to the Lamar County Community Supervision Correction Department; and, WHEREAS, in order to assist the county-wide efforts of the law enforcement agencies in Lamar County in this program it is appropriate for the City of Paris, the City of Reno, and the County of Lamar to enter into a Mutual Cooperation Agreement on Extraterritorial Jurisdiction Related to a County-Wide Sex Offender Management & Compliance Task Force which will establish a Sex Offender Management Task Force; and, WHEREAS, the form of Mutual Cooperation Agreement on Extraterritorial Jurisdiction Related to A County-Wide Sex Offender Management & Compliance Task Force, attached hereto as Exhibit A, should in all things be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Mutual Cooperation Agreement on Extraterritorial Jurisdiction Related to a County-Wide Sex Offender Management & Compliance Task Force between the City of Paris, the City of Reno, and the County of Lamar to establish a Sex Offender Management Task Force, attached hereto as Exhibit A, be, and the same is hereby approved. Section 3. That the City Manager be, and he is hereby, authorized and dirfcted to execute, on behalf of the City of Paris, said agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after the date'of passage. --- ~ PASSED AND APPROVED this 9th day of December, 2002. ATTEST: . Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~ MUTUAL COOPERATION AGREEMENT ON EXTRATERRITORIAL JURISDICTION RELATED TO A COUNTY-WIDE SEX OFFENDER MANAGEMENT & COMPLIANCE TASK FORCE BY AND BETWEEN THE CITY OF PARIS, CITY OF RENO, AND COUNTY OF LAMAR, TEXAS STATE OF TEXAS, COUNTY OF LAMAR This agreement is entered into by and between the County of Lamar, a political subdivision of the State of Texas, hereinafter referred to as "County," the City of Paris, a municipal corporation situated in Lamar County, Texas, hereinafter referred to as "Paris," and the City of Reno, a municipal corporation situated in Lamar County, Texas, hereinafter referred to as "Reno," acting under the authority of Chapter 362, Local Government Code, concerning certain law enforcement services provided through mutual cooperation of the signatory parties of this Agreement. WITNESSETH: WHEREAS, the County and Paris and Reno wish [under 362.002(b)] to provide for non-emergency law enforcement cooperation, coordination, and assistance (mutual aid) of sex offender registration, compliance activities and investigations, including sex crimes investigations, through a Sex Offender Management Task Force, hereinafter referred to as "Task Force"; and, WHEREAS, the County and Paris and Reno wish [under 362.002(b)] to cooperate in certain sex offender registration and compliance investigations, sex crimes investigations, and other directly related law enforcement activities, as further described in this Agreement; and, WHEREAS, the County and Paris and Reno wish [under 362.002(b)] to provide only the additional territorial jurisdiction and investigative authority to certain law enforcement officers regularly employed by the County, Paris, and Reno, as further described in this Agreement; and, WHEREAS, the County and Paris and Reno believe it to be in their mutual best interests to enter into this Agreement; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to allow certain law enforcement officers regularly employed by the County and Paris and Reno to have certain extraterritorial police powers throughout the territorial jurisdiction of another party, as further described in this Agreement. 1 EXHIBIT .a. ~. ~ ARTICLE 11 TERM 2.01 The term of this Agreement is to commence on the execution of this agreement by the County and Paris and Reno, and to end on the 31st day of December, 2003, unless renewed by the signatory parties. ARTICLE III RESPONSIBILITY AND AUTHORITY 3.01 The County and Paris and Reno agree to accept responsibility for adhering to all pertinent federal, state, and local laws and regulations. 3.02 The County and Paris and Reno assure the other parties, by their respective signatures, that they have entered into this Agreement by lawful resolution or order of their respective governing bodies. ARTICLE IV ARTICLE DEFINITIONS 4.01 "Sex Offender Registration and Compliance Investigations" refers to the process of completing and verifYing the required registration of convicted or adjudicated sex offenders and board or court ordered registrants; the completion of school and newspaper publications and all other related law enforcement duties and responsibilities. 4.02 "Compensation" means wage, salary, pension, equipment, clothing, medical, and other similar compensation and benefits, including injury or death benefits; and reasonable expenses incurred for travel, food, and lodging. 4.03 "Compliance" means the act of responding to and complying with the requirements oflaw, probation, parole, and/or treatment. 4.04 "Contiguous" means touching, directly or indirectly. 4.05 "Investigate" means the act of inquiry, including detailed and careful examination in order to ascertain facts and includes (but is not limited to) police power to interview witnesses, view crime scenes, collect evidence, and make arrests. 4.06 "Law enforcement officer" has the meaning assigned by Section 362.00 I, Local Government Code. 4.07 "Neighboring" means one political subdivision of the State that is located in the same, an adjacent, or a contiguous county as another. 4.08 "Police power" means the lawful authority of a law enforcement officer to conduct an investigation, make a report, detain, arrest, or engage in other law enforcement conduct necessary for sex offender registration and compliance enforcement, and to investigate sex crimes. 4.09 "Registration" means the act of collecting and completing the data collection process as described in Chapter 62, CCP. 2 ~ 4.10 "Sex Crimes" include all sexually related offenses described in Chapter 21, Chapter 22, and Chapter 43 of the Penal Code. 4.11 "Task Force Coordinator" shall mean Detective Sergeant Danny Huff, or such other officer as shall be assigned said duty by the Police Chief of Paris, pursuant to that grant received by the Lamar County Community Supervision Correction Department from the U.S. Department of Justice, Comprehensive Approaches to Sex Offender Management Program. ARTICLE V CONSIDERATION 5.01 As consideration for this Agreement, the County, Paris and Reno agree to participate in the lawful activities ofthe Task Force. ARTICLE VI COMPENSATION AND QUALIFICATION 6.01 The County agrees to provide for the compensation of each law enforcement officer regularly employed by the County and assigned to the Task Force. 6.02 Paris agrees to provide for the compensation of each law enforcement officer regularly employed by Paris and assigned to the Task Force. 6.03 Reno agrees to provide for the compensation of each law enforcement officer regularly employed by Reno and assigned to the Task Force. 6.04 The County and Paris and Reno agree that qualification for office in the County constitutes qualification for office in Paris and Reno; qualification for office in Paris constitutes qualification for office in the County and Reno; qualification for office in Reno constitutes qualification for office in the County and Paris; and no additional oath, bond, or compensation is needed. ARTICLE VII JURISDICTION 7.01 Territorial jurisdiction. (a) The County agrees that each law enforcement officer who is regularly employed by Reno or Paris and assigned by Reno or Paris to the Task Force shall exercise throughout the County the police powers enumerated in Paragraph 4.08 hereof. (b) Paris agrees that each law enforcement officer who is regularly employed by the County or Reno and assigned by the County or Reno to the Task Force shall exercise throughout Paris the police powers enumerated in Paragraph 4.08 hereof. (c) Reno agrees that each law enforcement officer who is regularly employed by the County or Paris and assigned by the County or Paris to the Task Force shall exercise throughout Reno the police powers enumerated in Paragraph 4.08 hereof. 3 ~ 7.02 Investigative jurisdiction. The County and Paris and Reno agree that their respective law enforcement officers assigned to the Task Force shall exercise only police powers as the term is defined in this agreement. 7.03 Notification (a) After initiating an extraterritorial investigation, detention, or other attendant exercise of police power under this Agreement, a law enforcement officer shall notify the Task Force Coordinator. (b) Any officer who makes an extraterritorial arrest under this Agreement in the County outside the regular territorial jurisdiction of the officer shall notify the Task Force Coordinator and the County Sheriff or his Task Force Representative of the arrest. (c) Any officer who makes an extraterritorial arrest under this Agreement in Paris outside the regular territorial jurisdiction of the officer shall notify the Task Force Coordinator and the Paris Chief of Police or his Task Force Representative of the arrest. (d) Any officer who makes an extraterritorial arrest under this Agreement in Reno outside the regular territorial jurisdiction of the officer shall notify the Task Force Coordinator and the Reno Chief of Police or his Task Force Representative of the arrest. 7.04 Command While exercising extraterritorial police power under this Agreement, including conducting a Task Force investigation out ofhislher regular territorial jurisdiction, the officer shall be under the formal command of the law enforcement officer who is in charge of that County or municipality, acting through the Task Force Coordinator. 7.05 Nothing in this Agreement limits the authority of a law enforcement officer to act under State law, including: (I) a citizen's arrest, an extraterritorial arrest authorized under Chapter 14 of the Code of Criminal Procedure, or other law; or (2) an action taken in the presence of and under the direction of, or to assist another peace officer with appropriate territorial jurisdiction. ARTICLE VIII CONTINUATION OR TERROTORIAL AND INVESTIGATIVE JURISDICTION 8.01 Upon termination of this Agreement, the territorial and investigative jurisdiction of each law enforcement officer regularly employed by the County or Paris or Reno will revert to the appropriate jurisdiction otherwise provided by law and other agreements. ARTICLE IX AMENDMENTS 9.01 This Agreement may be amended at anytime by the mutual agreement of all signatory parties in writing to be attached to and incorporated into this Agreement. 4 ~ ~ ARTICLE X LEGAL CONSTRUCTION 10.01 In case anyone or more of the provisions contained in this Agreement shall be held invalid, illegal, or unenforceable in any respect, such an invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE XI ENTIRE AGREEMENT 11.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the County and Paris and Reno with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter ofthis Agreement which is not contained herein shall be valid or binding. EXECUTED IN TRIPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE 9TH DAY OF DECEMBER, 2002. M.C. Superville, Lamar County Judge Date of Order Date of Resolution December 9. 2002 Date of Resolution Michael E. Malone, Paris City Manager Date of Order Shannon Barrentine, Reno City Administrator Date of Order Date of Resolution APPROVED AS TO FORM: BJ. McCoy, Lamar County Sheriff Date signed December 9. 2002 Date signed Karl Louis, Paris Chief of Police Jess Wilson, Reno Chief of Police Date signed Danny Huff, Task Force Coordinator Date signed 5