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HomeMy WebLinkAbout06/03/2008, C9 - AGREEMENT FOR PARTICIPATION IN REGIONAL SWAT TEAM court It Menne Dee June 3,2008 j acEnaa Pcpopt CITY OF SAN LUIS O. B I S P O FROM: Deborah Linden, Chief of Police SUBJECT: AGREEMENT FOR PARTICIPATION IN REGIONAL SWAT TEAM CAO RECOMMENDATION Authorize the Chief of Police to execute an Agreement to facilitate the City's participation in the San Luis Obispo Regional Special Weapons and Tactics Team (Regional SWAT) and to allow execution of any modification to the proposed Agreement if approved by the City Attorney and involve only non-substantive changes. DISCUSSION Background Since 1976, the City of San Luis Obispo Police Department has maintained a Special Weapons and Tactics Team (SWAT) comprised of approximately 14 officers and two tactical dispatchers who are selected, trained, and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of first responders or investigative units. The SWAT team works in conjunction with the Department's Crisis Negotiation Team (CNT) which is comprised of six highly trained officers who are responsible for conducting crisis negotiation with suspects during hostage and stand-off situations. The SWAT Team utilizes special tactics and equipment to manage critical incidents such as: 1. Hostage situations 2. Barricaded suspects 3. High-risk apprehension of dangerous suspects 4. High-risk warrant service . 5. Large scale disturbances or riots Officers assigned to the SWAT team undergo a rigorous selection and training process which includes an interview, physical agility test, and two-week certified basic SWAT school. The officers participate in monthly in-service training and specialty training courses according to their specific assignment on the team. , The number of officers assigned to the SWAT team (14) is the minimum necessary to maintain an effective team and, in some situations, the Department has needed to request assistance from AGREEMENT FOR PARTICIPATION IN REGIONAL SWAT TEAM Page 2 other agencies. Within the County, the Sheriff's Department maintains the only other dedicated SWAT Team. The Police and Sheriffs Department Teams work well together and assist each other during tactical incidents as needed. The other cities in the County (as well as Cal Poly and Cuesta College) do not have dedicated SWAT teams and the sizes of their police departments make staffing such teams very difficult. When an incident arises in one of these jurisdictions that necessitates a SWAT response, the Police Chief contacts either the San Luis Obispo Police Department or the Sheriff's Department to request the assistance of one of the SWAT teams. The San Luis Obispo Police SWAT team has responded to incidents in a number of the other cities, including Paso Robles and Arroyo Grande. Formation of Regional SWAT Beginning in 2005, with agreement from Chief Linden, several of the cities began sending officers who had completed basic SWAT training to San Luis Obispo Police Department's monthly training sessions in order to maintain and enhance the skills of the officers. Staff from the involved police departments found this arrangement promoted consistency in training and tactics, and forged relationships among the various SWAT officers that proved beneficial when the San Luis Obispo SWAT team was called to operate in other jurisdictions. By 2006, officers from the Arroyo Grande, Grover Beach, Pismo Beach, and Paso Robles police departments were training with the San Luis Obispo Police Department SWAT team. At the same time as this joint training effort was occurring, Chief Linden was appointed to represent the California Police Chiefs' Association on a statewide committee tasked with developing standardized guidelines for SWAT teams. The result of this effort was the creation and adoption in 2005 of the California Commission on Peace Officer Standards and Training (POST) SWAT Operational Guidelines and Standardized Training Recommendations. One of the guidelines pertains to multi jurisdictional SWAT teams, and reads as follows: The SWAT team, including relevant specialized units and supporting resources, should develop protocols, agreements, or working relationships to support multi jurisdictional or regional responses. SWAT multi-agency and multi-disciplinary joint training exercises are encouraged. Specialized SWAT units and supporting resources should also participate. ■ Some agencies may choose to consolidate resources into a regional SWAT team concept. ■ Samples of initial suggested protocols and multi jurisdictional agreements can be obtained through the POST clearinghouse, upon request. As a result of this statewide emphasis on regional SWAT responses, and the advantages the local agencies had realized from training together, the Police Chiefs from the participating agencies expressed a desire to form a San Luis Obispo Regional SWAT Team in order to maximize effectiveness by combining personnel and resources. Staff researched and met with other agencies that had successfully formed regional or multi jurisdictional SWAT teams and reviewed their agreements and operating manuals. Throughout 2007, the Chiefs of Police (with CAO C Tocuments and Settings\ecano\Local Settings\Temporary Internet Files\OLK6\CAR Regional SWAT.DOC AGREEMENT FOR.PARTICIPATION IN REGIONAL SWAT TEAM Page approval) and SWAT Commanders from the following agencies held a series of meetings and discussions to create a written agreement and operating manual for a San Luis Obispo Regional SWAT Team: cities of Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo; and the California Polytechnic State University San Luis Obispo (Cal Poly). During this time, SWAT and Crisis Negotiation Officers from the involved police agencies were training together and learning to operate in a coordinated and highly skilled manner, including during several actual incidents. During the process of forming the Regional SWAT team, staff discussed the concept with the Sheriff's Department, which has operated a full SWAT team for many years. Officers from the Atascadero Police Department are also part of the Sheriff's Department SWAT team. It was mutually decided that the Sheriff would continue to maintain their SWAT team separately from the Regional team, but that the two teams would train and operate together on a regular basis. Staff has found that two SWAT teams in the County are necessary based on the size of the County, and the protracted nature of many SWAT operations require the teams relieve each other for rest periods. Highlights of the San Luis Obispo Regional SWAT Agreement The proposed Regional SWAT Agreement (attached) outlines several important concepts regarding the management, funding, and liability of the agencies participating in the Regional SWAT team, including the following: Team Personnel: The participating agencies agree to provide personnel to the team; and to establish uniform minimum qualifications and selection process for prospective team members.. Jurisdiction and Command: The Chief of Police (or designee) of the participating agency with jurisdiction over the location of the critical incident is responsible for the overall command of the incident. A Regional SWAT Commander and Tactical Commander will be responsible for directing the tactics and deployment of the SWAT team, with approval from the Incident Commander. Participating agencies agree to allow their SWAT officers to respond to incidents in other participating jurisdictions, based on established response criteria for the use of the Regional SWAT team. :Participating agencies may withdraw from the Regional SWAT team at any time. Governing Board: A Governing Board comprised of the Police Chiefs from the participating agencies shall provide oversight of the Regional SWAT team, including adopting and modifying policies and operating procedures and selecting the Regional SWAT command staff. Costs: Each participating agency agrees to be responsible for the costs associated with its employees participating in the Regional SWAT team, including salary and benefits, overtime, training expenses, workers' compensation, and personal protection equipment. Indemnity and Liability: Each participating agency agrees to be responsible for injury or liability claims, including workers' compensation claims, made by its employees and to defend, indemnify and hold harmless all other participating agencies and their employees from and C:\Documents and Settings\ecano\Local Settings\Temporary Intemet Files\OLK6\CAR Regional SWAT.DOC 4f?-3 fv , .AGREEMENT FOR PARTICIPATION IN REGIONAL SWAT TEAM Page 4 against any and all liability, losses, claims or damages resulting from the acts or omissions of its employees related to the Regional SWAT team The Agreement has been reviewed by the attorneys for the participating agencies, who have approved the agreement as to form. The Regional SWAT team is currently commanded by managers from the San Luis Obispo Police Department by agreement of the participating agencies. The benefits of forming a Regional SWAT team and formalizing the arrangement with an agreement include: I. Consistent training and tactics among police agencies in close proximity to each other 2. Larger number of SWAT officers and crisis negotiators available for response 3. Development of tactical expertise within each police department, including smaller agencies that cannot sustain a full SWAT team 4. Avoids duplication of specialized equipment and supplies 5. Clarity regarding command responsibility regardless of jurisdiction 6. Articulated agreement regarding potential liabilities arising from SWAT incidents Police Chief Authorization to Execute Agreement on Behalf of the City Council will note that the Police Chief is being requested to be the authorized signatory on the proposed Agreement rather than the CAO (as is usually the case if the signatory is not the Mayor). That is because the proposed Agreement acknowledges the collaborative effort of the various law enforcement agencies involved and recognizes this collaboration by being signed by all participating law enforcement agency heads. Any modifications to the proposed Agreement by the Police Chief require approval by the City Attorney and would involve only non- substantive changes. This arrangement will streamline the ratification of subsequent agreements that involve non-substantive changes, such as the addition or removal of participating agencies or a change'in the Police Chief for a specific agency. Modifications that result in substantive changes to the agreement will be submitted to Council for consideration. CONCURRENCES The Directors of the Finance and Information Technology Department, Human Resources Department, and the Fire Department concur with the CAO recommendation. The City Attorney has approved of the Regional SWAT Agreement as to form. FISCAL IMPACT Expenses to support the Police Department SWAT team are included in the current financial plan. The formation of the Regional SWAT team will not require additional funds. The language pertaining to potential liability of San Luis Obispo Police Department SWAT officers operating in other jurisdictions will not expose the City to liability beyond that which exists C Documents and Settings\ecano\Local Settings\Temporary Intemet Fi1es\0LK6\CAR Regional SWAT.DOC �q y 1 AGREEMENT FOR PARTICIPATION IN REGIONAL SWAT TEAM Page 5 today since the San Luis Obispo Police Department SWAT team is currently requested to respond to critical incidents in other cities which do not have SWAT teams. ALTERNATIVES 1. Modify the Proposed Agreement; If Council supports the concept of the Regional SWAT team, but desires modifications to the proposed agreement, Council should express what modifications are sought and direct staff to return with proposed revisions. This would provide staff the time to collaborate with the other participating agencies regarding the proposed modifications prior to Council approval. 2. Decline to participate in the Regional SWAT team; Council may decide to decline to participate in the Regional SWAT team. If this occurs, the Regional SWAT team will likely not be formed since participation by the San Luis Obispo Police Department is critical to the team. The San Luis Obispo Police Department is the largest agency involved in the project, provides the command staff and expertise for the team, and initiated the process of forming the Regional team. If the Regional Team is not formed, San Luis Obispo Police will continue to maintain its own smaller SWAT team. ATTACHMENT San Luis Obispo Regional SWAT Agreement AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE POST SWAT Operational Guidelines and Standardized Training Recommendations C:\Documents and Settings\ecano\Local Settings\Temporary Intemet Files\OLK6\CAR Regional SWAT.DOC p ATTACHMENT AGREEMENT BETWEEN PARTICIPATING AGENCIES FOR THE IMPLEMENTATION AND DEPLOYMENT OF A REGIONAL POLICE SPECIAL WEAPONS & TACTICS TEAM (REGIONAL SWAT) This Agreement ("Agreement') is dated for identification this day of ' 20_, and is made by and between the cities of Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo, and the California Polytechnic State University San Luis Obispo (hereinafter referred to as "the Participating Agencies"). The Participating Agencies named in this Agreement are in close geographic proximity within San Luis Obispo County and share similar needs for police response to highly dangerous incidents and high-risk planned tactical operations that require the attention of a specialized team specifically trained to resolve critical incidents that may exceed the capabilities of first responders or investigative units. The Police Departments of the Participating Agencies recognize that response to such critical incidents can be enhanced and made more effective by combining police personnel with such specialized training and expertise into a San Luis Obispo Regional Special Weapons and Tactics Team (Regional SWAT team) that is available for response to any of the participating jurisdictions. Therefore, the Cities agree to formally establish and support a Regional SWAT team in accordance to the provisions detailed in this Agreement. In consideration of the mutual promises contained herein, it is agreed as follows: 1. Personnel and Selection The Regional SWAT team shall consist of employees from the Police Departments of the Participating Agencies assigned as tactical officers, tactical supervisors and commanders, crisis negotiators, and support personnel. The Regional SWAT team configuration may be comprised of as many sub-teams or reserve teams as needed for a particular incident. The Participating Agencies will assign and maintain officers and supervisors for the Regional SWAT team sufficient to provide appropriate joint coverage for critical incidents in any of the Cities. The Police Chiefs from the Participating Agencies shall establish uniform minimum qualifications and appropriate selection processes for Regional SWAT team members, including the SWAT Commander and Tactical Commander positions. Pagel of 5 ATTACHMENT 2. Supervision and Command All members of the Regional SWAT team assigned to any high-risk/critical incident or any training exercise shall be subject to the chain of command of the Regional SWAT team. The Chief of Police (or designee) of the Participating Agency with jurisdiction over the location of the critical incident shall be responsible for the overall command of the incident ("Incident Commander"). The Regional SWAT Commander will serve as part of the Incident Command staff in all jurisdictions and will directly oversee the Regional SWAT Tactical Commander and the operational control of the Regional SWAT team. The Regional SWAT Commander and the Tactical Commander are responsible for the actual deployment of the SWAT Team, tactical decision making and tactical resolution of the incident, with approval of the Incident Commander. Each Participating Agency will respond to requests for Regional SWAT team services in all participating jurisdictions as promptly and fully as practical, based on established response criteria; however the Police Chief of each Participating Agency may accept or decline the services of the Regional SWAT team or may withdraw their employees from the Regional SWAT team for any reason. 3. Governing Board A Regional SWAT Governing Board comprised of the police chiefs of the Participating Agencies shall provide oversight of the Regional SWAT team, including but not limited to, adoption and modification of policies and operating procedures, selection of command staff, compliance with this Agreement and fiscal management. The Governing Board will meet annually or as needed. If the Governing Board determines that a Participating Agency is not in compliance with this Agreement or the policies and procedures established for the Regional SWAT team, the Governing Board, by majority vote, may remove the Participating Agency from the Regional SWAT team and from the obligation of this Agreement. 4. Costs and Expenses Each Participating Agency will be responsible for all personnel costs and obligations associated with the staff members it assigns to the Regional SWAT team, including costs associated with salary and benefits, overtime, training, and workers' compensation. Each Participating Agency will be responsible for the costs of all necessary individual tactical equipment and weapon(s) issued to the Regional SWAT team members from that Participating Agency for use during Regional SWAT training and deployment.. Page 2 of 5 t� �-7 ATTACHMENT Each participating agency will, if necessary, be responsible for costs for replacing consumable team supplies used during a Regional SWAT deployment in their jurisdiction, such as chemical agents. 5. Indemnity and Limitation of Liability. Each Participating Agency shall consider any request and deployment of the Regional SWAT team a request for assistance by the requesting law enforcement agency. Each Participating Agency that assigns employees to the Regional SWAT team pursuant to this Agreement or deploys personnel with the Regional SWAT team for limited or special purposes shall retain full financial responsibility for its employees, for all vehicles and other equipment.owned, leased or used by its employees, and for any injury or liability claims, including workers' compensation claims, made by its employees. Each Participating Agency shall defend, indemnify and hold harmless all other Participating Agencies and their officers and employees from and against any and all liability, losses, claims or damages whatsoever, resulting from the acts or omissions of the indemnifying Participating Agency or its officers or employees related to the Regional SWAT team or from any defects in vehicles or other equipment owned or leased by the indemnifying Participating Agency and used in connection with the Regional SWAT team. 6. Implementation Guidelines. The Police Chiefs of the Participating Agencies shall jointly promulgate this Agreement, as approved by their Agency Attorney as to form. 7. Notices Notices and communications between the Participating Agencies shall be sufficiently given if dispatched by first-class mail, personal delivery or facsimile transmission, to the Chief of Police of the Participating Agencies. 8. Termination of Agreement. Any Participating Agency may withdraw from this Agreement at any time, without cause, upon giving all parties written notice thereof. Page 3 of 5 erg ATTACHMENT IN WITNESS WHEREOF, this Agreement is executed by the following agencies: Steven Annibali, Chief of Police James Copsey, Chief of Police City of Arroyo Grande City of Grover Beach Chief John DeRohan Chief Lisa Solomon City of Morro Bay City of Paso Robles Chief Joe Cortez Chief Deborah Linden City of Pismo Beach City of San Luis Obispo Chief William Watton Califomia Polytechnic State University Police Department APPROVED AS TO FORM: JO HAN P. LOWELL City Attomey Page 4 of 5 ATTACHMENT Participating Agencies Regional Police Special Weapons and Tactics Team (Regional SWAT) As of May 1, 2008 City of Arroyo Grande Police Department City of Grover Beach Police Department City of Morro Bay Police Department City of Paso Robles Police Department City of Pismo Beach Police Department City of San Luis Obispo Police Department California Polytechnic State University Police Department Page 5 of 5 114 �I