CCR1995134COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #134-95
RESOLUTION FOR PARTICIPATION IN
SUBURBAN MUTUAL ASSISTANCE RESPONSE TEAMS (SMART)
0 WHEREAS, the City of Muskego and other participating agencies are
so located that it is to the advantage of each to extend aid to
the other with respect to the delivery of law enforcement
services; and
WHEREAS, it is recognized that the use of police officers to
perform duties outside the territorial limits of the municipality
by whom they are employed may be desirable and may be required
under certain circumstances to protect and preserve the common
health, safety, and welfare; and
WHEREAS, the City of Muskego and other participating agencies
deem mutual aid law enforcement services to be in the best
interest of their respective communities; and
WHEREAS, the City of Muskego and other participating agencies
wish to define the terms and conditions with respect to rendering
aid and liability when rendering aid; and
WHEREAS, authority is granted to enter into the mutual aid
Agreement pursuant to 566.30 Wis. Stats.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby authorize its Police Department to
(SMART) and to abide by the SMART Agreement.
BE IT FURTHER RESOLVED that the Mayor and Chief of Police are
authorized to execute the SMART Agreement in the name of the
City.
participate in the Suburban Mutual Assistance Response Teams
DATED THIS 27TH DAY OF JUNE , 1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Domonic D'Acquisto
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #134-95 which was adopted by the Common Council of the
City of Muskeqo.
6/95jmb
SAMPLE AGREEMENT
The undersigned agencies agree pursuant to Wisconsin Statutes as follows: S.66.305 and
S.66.315.
Section 1. -
This agreement is made in recognition of the Fact that situdtiom may occur which are beyond
the ability of the individual law enforcement agency to deal with an incident effectively in
terms of personnel, equipment and available resources. Each agency identified on Appendix 1
expresses its intent tu assist the other agencies identified on Appendix 1 by assigning some of
its personnel, equipment and available resources to a requesting agency as resources and
situations allow. The specific intent of this agreement is to permit the law enfurcement agency
of each municipality to more fully safeguard the lives, persons. and property of all citizens.
Section 2. DEFINITIONS
For the purpose of this agreement, the following terms are defined as follows:
A.
0
8.
C.
D.
E.
"SUBURBAN MUTUAL ASSISTANCE RESPONSE TEAMS"
An organization of Southern Wisconsin law enforcement agencies participating in this
mutual aid agreement.
"INCIDENT"
An emergency situation that threatens or causes loss of life or property and exceeds the
physical and organizational capabilities of a participating agency.
"AGENCY"
A law enforcement organization recognized by its city, village, county or state.
"MUTUAL AID"
A definite and prearranged written agreement and plan whereby regular response and
assistance is provided in the event of incidents by requesting agencies by the aiding
agency in accordance with the police incident assignments as developed by the Police
ChiefsISheriffs of the participating agencies.
"PARTICIPATING AGENCY"
An agency that commits itself to this mutual aid agreement by adopting an ordinance
authorizing participation in the program with other participating agencies for rendering
0 Page 2
S.M.A.R.T. Agrwment
and receiving mutual aid in the event of an incident in accordance with the police
incident assignments.
I F. "REQUESTING AGENCY"
The participating agency in which a incident occurs that is of such magnitude that it
cannot be adequately handled by the local law enforcement agency.
G. "AIDING AGENCY"
A law enforcement organization furnishing police equipment and personnel to a
requesting agency.
H. "POLICE INCIDENT ASSIGNMENTS"
A predetermined listing of personnel and equipment that will respond to aid a
requesting agency.
Section 3.
The Village President or Mayor of each participating municipality is authorized on behdf of
that municipality to enter into and from time tu time alter and amend on the advice of the
Police Chief/Sheriff and with the consent and authorization of the governing body of that
municipality, and with the agreement of other municipalities for mutual aid according to the
following:
A. Whenever a incident is of such magnitude and consequence that it is deemed advisable
by the senior on-duty officer of the requesting agency to request assistance of the aiding
agencies through the senior on-duty officer. The aiding agencies senior on duty officer
is hereby authorized to do so under the terms of this mutual aid agreement. and they
are authorized to and shall forthwith take the following action:
"REQUESTING AGENCY"
Immediately determine what resources are required according to the mutual aid
police incident assignment.
"ASSISTING AGENCY"
0 immediately determine if thr: required equipment and personnel can be cummittd in
response to the request fr m the requesting agency.
,/
S.3i.A.R.T. Agreement
Page 3
B.
C.
D.
E.
F.
Dispatch immediately the personnel and equipment required to the requesting agency
in accordance with the police incident assignment.
The rendering of assistance under the terms of this mutual aid agreement shall not be
required in accordance with the police incident assignments if the commanding officer
of the aiding agency determines that the available personnel and equipment are required
for the protection of the aiding agency. In that event it is the responsibility of the aiding
agency to immediately notify the requesting agency of same. The judgement of the
commanding officer of the aiding agency shall be final.
The senior officer present, of the requesting agency, shall assume full responsibility
and command for operations at the scene. He will. assign personnel and equipment, of
the aiding agencies, to positions when and where he deems necessary.
It is expected that requests for mutual aid under this agreement will be initiated only
when the needs exceed the resources of the requesting agency. Aiding agencies will be
released and returned to duty in their own community as scan as the situation is
restored to the point which permits the requesting agency to adequately handle it with
its own resources or is no longer able to provide assistance per paragraph (3)(b) herein.
All participating agencies shall be bound by S.66.305 and S.66.315 Wis. Stats. and any
Future amendments, revisions or modifications thereto.
The Police ChiefslSheriffs of the participating agencies shall maintain a governing
board and establish an operation plan for giving and receiving aid under this agreement.
Said plan shall be reviewed, updated, and tested at regular intervals.
Section 4. -
Any agency may withdraw from the Suburban Mutual Assistance Response Teams agreement
by notifying the Police ChiefdSherifls of the other participating agencies in writing.
whereupon the withdrawing agency will terminate participation ninety (90) days from the date
of written notice.
S.M.A.R.T. AEreement
Page 4
Section 5. AtNxmQN
This mutual aid agreement shall be in full forcc and in effect with the passage and approval of
a companion ordinance by all participating municipalities, in the manner provided by law. and
in the signing of this agreement by the Vikage President, City Mayor or other governing body
of the municipality.
IN WITNESS WIIEREOF. this agreement has been duly executed by the following
parties:
Name of Municipality
Chief of Police
ATTEST:
Clerk