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Home My WebLink About2022-01-17-I01E 28E Agreement_CITSTFAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 17, 2022 AGENDA ITEM:Consideration of approval of a resolution approving a 28E Agreement between Central Iowa Law Enforcement Agencies for Traffic Enforcement (Central Iowa Traffic Safety Task Force) FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The Waukee Police Department recommends approval by the Council to renew membership in the Central Iowa Traffic Safety Task Force (CITSTF). The Central Iowa Traffic Safety Task Force (CITSTF) is a consortium of Polk and Dallas County law enforcement agencies partnering with each other to address identified, data driven crash and driver behavior problem areas across Polk and Dallas counties. The Waukee City Council approved the initial CITSTF 28E agreement in 2019. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II.28E Agreement PREPARED BY:Police Chief John Quinn REVIEWED BY: I1E THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING CHAPTER 28E AGREEMENT BETWEEN CENTRAL IOWA LAW ENFORCEMENT AGENCIES FOR TRAFFIC ENFORCEMENT (CENTRAL IOWA TRAFFIC SAFETY TASK FORCE) WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, on June 3, 2019, the Waukee City Council approved an agreement pursuant to Chapter 28E, Iowa Code, to join the Central Iowa Traffic Safety Task Force (CITSTF), which is a consortium of Polk and Dallas County law enforcement agencies partnering with each other to address identified, data driven crash and driver behavior problem areas across both counties (Resolution #19-203); AND, WHEREAS, the Waukee Police Department recommends renewed membership in CITSTF through the approval of a revised 28E Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, IOWA: That the City approves the 28E Agreement between Central Iowa Law Enforcement Agencies for Traffic Enforcement (Central Iowa Traffic Safety Task Force); and the Mayor, City Clerk and Police Chief are hereby authorized and directed to execute said Agreement on behalf of the City. PASSED AND APPROVED THIS 17th day of January, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair AGREEMENT BETWEEN CENTRAL IOWA LAW ENFORCEMENT AGENCIES FOR TRAFFIC ENFORCEMENT CHAPTER28E THIS AGREEMENT is entered into pursuant to Chapter 28E of the Iowa Code between multiple municipalities located within Polk County, Iowa and Story County, Iowa and Dallas County, Iowa; (hereinafter the designated counties) and with the designated counties. 1. Purpose. This Agreement is for the purpose of creating the Central Iowa Traffic Safety Task Force. (hereinafter "CITSTF" or "Task Force") No new entity is created by this 28E agreement. Rather, this arranges a collaborative joint targeted law enforcement group. Collaborative joint targeted enforcement actions provide an opportunity for improved public education and enforcement of traffic laws in Central Iowa. Task Force activities are staffed by personnel from various member law enforcement agencies. This Agreement does not preclude other cooperative law enforcement activities. 2. Membership. Any signatory municipality within the designated counties may designate one voting member of the Task Force. The following non-municipal entities may designate one voting member of the task force: the Iowa Department of Natural Resources, the Iowa State Patrol, Iowa Department of Transportation, the GTSB and the Iowa National Guard. Municipalities outside of the designated counties may assist with Task Force work 3. Operating expenses. The initial operating expenses of the Task Force are covered by a grant from the Governor's Traffic Safety Bureau. Any funds are held in escrow by the City of Polk City. Voting members will determine how funds are to be allocated for Task Force expenses. 4. Personnel. Any participating member may supply personnel to the Task Force. The employing agency or office remains liable for worker's compensation, other job benefits, and disability payments for the participating peace officer. The employing agency or office is responsible for payment and any overtime which may be incurred, including any court time. Each participating member assumes responsibility for its employee's actions and will defend its employees under Chapter 670. 5. Jurisdiction. Except as set out in this paragraph, the prosecuting authority over violations occurring within the designated counties shall be determined by the location of the violation without regard to the agency that employs the officer who initiated the charge. For the purposes of this Agreement, the County Attorneys of the participating designated counties delegate to the City Attorney of a participating municipality, the authority to prosecute state traffic and simple misdemeanor charges which arise during a targeted enforcement action within that municipality, unless the person charged is also charged with an indictable offense in which case the respective County Attorney's Office will retain jurisdiction over any simple misdemeanor charge. Prosecutors from the participating designated counties and municipalities agree to evaluate and prosecute any offenses charged by Task Force Members based on the merit of the charge and not on the identity of the peace officer's employer. For unincorporated areas or if the city attorney is unable to prosecute charges for any reason, the County Attorney will prosecute charges filed by the Task Force. 6. Activities. Initially the Task Force will intensely monitor traffic compliance in particular targeted areas within the designated counties. The interstate roadways commonly known as 1-235, 1-35 and 1-80 will be designated as continuing targeted enforcement areas under this agreement. All enforcement on these designated targeted enforcement roadways will be governed by each department's policies and procedures. Periodic target areas will be selected by agreement among the members as determined in the by-laws. Targeted activities will be approved by the County Attorney or designee, chief law enforcement officer or designee, and prosecuting city attorney, if any, for each particular event. The chief law enforcement officer may notify other local elected officials as appropriate. 7. Protocols. When an area is selected for targeted intense traffic enforcement by the Task Force, the following protocols will be used: a. Citation forms of the jurisdiction in which the violation occurs will be used by all officers regardless of their employing jurisdiction. Officers should note on all traffic or criminal charges filed during an enforcement project "CITSTF" to indicate the violation occurred during a CITSTF enforcement project. b. Prosecution will be by the prosecuting attorney of the targeted jurisdiction. c. Regardless of employer, sworn peace officers of any participating member are authorized to write tickets for the targeted enforcement. A roster of participating officers or deputies will be created for each event. d. The employer of each participating officer supplies the vehicle, equipment, weapons, uniform and any other necessary materials for the enforcement or educational project from the employing jurisdiction according to that department's policies. e. Fines generated from the targeted enforcement of city ordinances will go to the jurisdiction in which the violation occurs, regardless of the peace officer making the stop. f. All officers participating in a targeted enforcement project will abide by that officer's departmental policies and procedures for enforcement activity. 8. Adding and removing members. Any municipality within the designated counties who agrees to the terms of this Agreement is invited to participate by executing a signature page, signed by that jurisdiction's Mayor, Police Chief and City Clerk . Such a municipality will be deemed to be a participating member when such a signature page is filed -with the Iowa Secretary of State in accordance with the requirements of Chapter 28E of the Iowa Code. To withdraw from participation, a municipality, jurisdiction or agency who has previously signed this Agreement must notify the chairperson in writing of their withdrawal and the effective date of the withdrawal, and file a Notice of Withdrawal with the Iowa Secretary of State in accordance with the requirements of Chapter 28E of the Iowa Code. In the event of such a withdraw, any commitments, delegations, and/or authorizations made by that municipality, jurisdiction and/or agency under this agreement will be terminated as of the date of the withdrawal, except any employing agency or office is responsible and remains responsible for their employees as set out in paragraph 4 above. Any prosecution of charges originating in targeted enforcement actions that precede the withdrawal will take place according to this agreement. 9. Delegation and its effect. In order for an enforcement action to occur within a municipality, the chief law enforcement officer and the governing body for that municipality must sign this agreement. By signing this agreement, the chief law enforcement officer thereby authorizes peace officers from other participating agencies to issue tickets within that municipality during a task force enforcement action. 10. Equipment. Any equipment used by the Task Force will be retained by the participating jurisdictions. 11. Duration. This Agreement is effective as to its signatories when it has been executed by the Sheriff, the County Attorney and the Board of Supervisors from at least two of the designated counties and filed with the Iowa Secretary of State in accordance with the requirements of Chapter 28E of the Iowa Code. This agreement shall be terminated with respect to individual members upon giving of the Notice of Withdrawal as set out above. This agreement is terminated in total when it has been replaced and/or abolished upon a majority vote of the membership at such time. 12. Amendments. All proposed changes or amendments to this 28E will be brought to the Task Force for consideration. The amendment(s) will be reviewed at no less than two monthly Task Force meetings. Once the amendment(s) have been reviewed two or more times the Task Force will put the amendment to a vote. The amendment will be adopted if it receives a majority of the Task Force members' votes favor the amendment. 28E AGREEMENT CENTRAL IOWA TRAFFIC SAFETY TASK FORCE Name of Jurisdiction: The 28E for the Central Iowa Traffic Safety Task Force was adopted on . City Clerk/Attorney Mayor/Board of Supervisors Police Chief/Sheriff On behalf of other participating agencies: Derrick Spoerry, CITSTF Chairman Mitchellville Police Department