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HomeMy WebLinkAboutResolution No. 2009-10., =sue,-, . tl~e a~ty~ KENAv SKA Suggested by: Administration CITY OF` I~ENt~I RESOLUTION NO. 2009-10 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE KENAI POLICE DEPARTMENT TO PARTICIPATE WITH THE BUREAU OF HIGHWAY PATROL TRAFFIC TEAM AND TO AUTHORIZE THE KENAI POLICE DEPARTMENT TO HIRE A NEW OFFICER TO MEET STAFFING NEEDS WITHIN THE CITY OF KENAI AS A RESULT OF THE DEPARTMENT'S PARTICIPATION WITH THE BUREAU OF HIGHWAY PATROL TRAFFIC TEAM. WHEREAS, the Alaska State Troopers has recently formed the Bureau of Highway Patrol (BHP) in order to improve traffic safety patrol operations in Alaska; and, WHEREAS, the BHP has requested amulti-jurisdictional partnership with local law enforcement agencies throughout Alaska to increase and improve traffic law enforcement efforts in order to prevent fatality crashes, reduce major injury crashes, conduct impaired driving apprehension and prevention programs, increase the use of seatbelts, and take enforcement action on aggressive and speeding drivers; and, WHEREAS, the BHP has requested one officer of the Kenai Police Department to participate with the BHP Kenai Peninsula Traffic team, and the BHP will pay the officer's salary and benefits, as well as provide a police cruiser and work station, all through grant funding from the Alaska Highway Safety Office for a period of two to five years; and, WHEREAS, the BHP has agreed to provide the Kenai officer with major crash investigation training in order for BHP team members to respond to, and investigate, fatal and major crashes on the Kenai Peninsula; and, WHEREAS, the Kenai Police Department requests permission to send a veteran officer to the BHP team, effective July 1, 2009, and to hire a new officer, with a hire date of July 1, 2009, in order to meet police staffing needs within the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section l: To authorize the Kenai Police Department to participate with the Bureau of Highway Patrol Traffic Team, who will provide the officer's salary and benefits, police cruiser and work station, through grant funding from the Alaska Highway Safety Office for a period of two to five years; and, Section 2: To authorize the Kenai Police Department to hire a new officer to meet staffing needs within the City of Kenai as a result of the Department's participation with the BHP Traffic Team. Resolution No. 2009-10 Page 2 of 2 PASSED BY THE COiiNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 2009. _~- PAT POR1 ER, MAYOR ATTEST: G Carol L. Freas, City Clerk Rew Text Underlined; [DELETED TEXT BRACKETED] LETTER OF AGREEMENT BETi!!/EEN THE DEPARTMENT OF PUBLIC SAFETY, ALASKA STATE TROOPERS - BUREAU OF HIGHWAY PATROL AND THE I~CENAI POLICE ®EPARTMENT This letter of agreement recognizes the need for coordination in enforcement of state laws and regulations in Alaska, specifically issues related to traffic law enforcement. This agreement is entered into with the intent of promoting cooperation between the Department of Public Safety (DPS), Alaska State Troopers (AST), Bureau of Highway Patrol (BHP) and the Kenai Police Department (KPD). It is recognized that Title 29 and 12.60.020 of the Alaska Statutes authorizes the formation of police forces, which has been done by the City of Kenai, in all respects to perform all duties pertaining to public safety. It is further recognized, Alaska Statute 18.65.090 authorizes DPS to assist other departments of state, municipal and federal governments in the enforcement of criminal laws and regulations. DPS and the KPD have a commitment to effective enforcement of laws and regulations, specifically issues related to traffic law enforcement in Alaska. The parties agree that one method of providing effective enforcement is the establishment of officers assigned to the BHP to enforce state traffic laws and regulations, investigate fatal and major injury crashes, participate in public education programs, and investigate other crimes encountered while conducting traffic law enforcement on a statewide, regional and local basis. The parties agree that establishing amulti-jurisdictional partnership will enhance the presence of traffic law-enforcement efforts through high visibility -sustained enforcement, better utilization of available resources, increased communications, data driven enforcement programs, and improved coordination provided by a unified direction and balanced traffic safety effort. The goal of this agreement is to facilitate the following activities: a) Prevent fatalities and reduce major injury crashes through traffic law-enforcement programs in Alaska. b) Gather statistical data related to traffic safety and use such data to develop effective enforcement programs in Alaska. c) Conduct impaired driving apprehension and prevention programs, improve the use of occupant protection devices through enforcement and education programs, coordinate aggressive driving and speeding enforcement and improve youth driving behaviors. Throughout the life of this program, the goals will be reviewed on a regular basis and are subject to modification to best meet the needs of the state and local communities to include identified traffic safety issues outlined in the Alaska Strategic Highway Safety Plan. 1 of 3 This partnership will encourage the involvement of additional agencies and jurisdictions in cooperative enforcement and prosecutorial efforts whenever possible. In order to facilitate a more efficient utilization of resources, both parties agree that a formal Letter of Agreement would be beneficial to establish and support the temporary addition of KPD officers to BHP Parties to this letter agree: 1) The BHP shall conduct traffic law enforcement programs in Alaska and assist other police agencies with traffic law enforcement. Supervision and direction of BHP members while conducting traffic law enforcement efforts statewide shall be under the control of the BHP Commander and the commander's subordinates 2) One officer from KPD will be assigned to the BHP supervised by an Alaska State Trooper Sergeant. The KPD officer shall fall under their department's chain of command and report to the officer's immediate supervisor on any current events. The officer's agency supervisor will complete that officer's performance evaluation with input provided by the assigned BHP sergeant. 3) DPS/AST/BHP agrees to provide the KPD officer's pay and overtime, including benefits. KPD will provide basic personal equipment, including duty-issue weapons, ammunition, handcuffs, baton, OC spray and ballistic vest and will be reimbursed through their first year cost. BHP will also provide and maintain a vehicle for the officer. 4) DPS/AST/BHP will provide office space, including all utilities, a work area, a computer, and other office and investigative supplies, as needed. Secure evidence storage for BHP cases will be provided by BHP and all items of evidence will remain in the custody of BHP. BHP will provide a cell phone, however the officer will be responsible for reimbursement for personal calls. 5) DPS/AST/BHP will provide travel and per diem at the State rate for the officer traveling outside their assigned area on authorized BHP programs. 6} DPS/AST/BHP agrees to provide KPD officer with specialized training to include but not limited to major crash investigation. 7) DPS/AST/BHP and KPD agree to share all statistical data and case reports on investigations conducted within the perspective officer's municipal area and jurisdiction. 8) Any seizures or forfeitures produced by the BHP will be shared in an equitable manner by the state and the participating agencies. It is agreed that the BHP members and KPD will coordinate completion of all asset forfeiture paperwork with the BHP Administrative Supervisor. 2of3 9) The State agrees to defend, indemnify, and hold harmless the KPD officer assigned to BHP and KPD in the same manner and to the same extent the State protects itself and its employees from any claim, demand, suit for property damages or personal injury including death allegedly caused by the KPD officer if: a) at the time of the occurrence he/she was acting in good faith within the course and scope of their BHP duties and in accordance with the directions of the BHP Team Leader; b) the KPD officer provides immediate notice to the State of any claim; c) the KPD officer and KPD cooperate in the defense and do not stipulate to any judgments or settlements without the State's approval BHP will supervise aII operations. Approval of overtime shall remain the responsibility of BHP supervisor. The KPD supervisor of the KPD officer will address all other personnel issues not covered in this agreement. TERM OF AGREEMENT -The term of this agreement shall be from the date of signature by the participating agency representatives for a period of 5 years. BHP will continue to provide funding for the KPD officer as long as the federal funding is available. BHP will continue to apply for federal funding on an annual basis. This agreement can be dissolved with a 60 day written notice signed by the participating agency's representative. AAlaska State Troopers Colonel Audie Holloway, Director, Alaska State Troopers Date Signed Kenai Poiice Department Chief Gus Sandahl Kenai Police Chief Date Signed 3 of 3