HomeMy WebLinkAbout2022-07-18 I01E_01 28E Agreement, Revised_CITSTFAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 18, 2022
AGENDA ITEM:Consideration of approval of a resolution approving a revised 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. Since January CITSTIF changed language in the liability section
that was recommended by their attorney. They added the language at the
top to not limit people to partake in CITSTF. We are hoping to add a
couple counties at some point as they have shown interest. The old
agreement also did not have the correct department holding the grant
money involved with the org.
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 Lt. Scott Cunningham
REVIEWED BY:
I1E1
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-
APPROVING CHAPTER 28E REVISED 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, on January 17, 2022, the Waukee City Council approved renewed membership in
CITSTF through approval of a revised 28E Agreement (Resolution #2022-026); AND,
WHEREAS, following approval of the revised 28E Agreement, the CITSTF legal counsel made
additional changes to the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WAUKEE, IOWA:
That the City approves the revised 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 18th day of July, 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
CHAPTER 28E
THIS AGREEMENT is entered into pursuant to Chapter 28E of the Iowa Code between
multiple municipalities located within nine counties. Boone County, Dallas County,
Jasper County, Madison County, Marion County, Marshall County, Polk County, Story
County, and Warren 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 an agency designated by the CITSTF Board. 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.Indemnification.To the extent authorized by law, each party agrees to indemnify
and to hold the other party, its elected officers, agents, employees, successors, and
assigns, harmless from and against all claims, demands, actions and/or causes of
actions, judgments, settlements, or other costs, including reasonable attorney’s fees,
which the party, its successors and assigns, may incur or sustain a) by reason of the
indemnifying party’s breach of this Agreement or failure to legally or timely meet
the responsibilities imposed herein, or b) by reason of the torts of the indemnifying
party. Each party shall defend, indemnify and hold the other parties harmless from
and against any and all claims, demands, causes of action, liability, loss, damage, or
injury (“claims”), both to person and property, arising out of or related to this
Agreement, to the extent such claims are attributable to the negligent or willful
misconduct of the indemnitor; provided, indemnitee gives the indemnitor prompt
notice of any such claims and all necessary information and assistance so that
indemnitor, at its option, may defend or settle such claims and indemnitee does not
take any adverse position in connection with such claims. In the event that any such
liability, loss, damage or injury is caused by the joint or concurrent negligence or
willful actions of multiple parties, the loss, expense or claim shall be borne by each
party in proportion to its negligence or willful action. Nothing in this Section shall be
deemed to limit the right of a party to defend against any claim or the application of
any and all available protections and defenses under state and federal law, including,
but not limited to, the Iowa torts Claims Act.
7.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.
8.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 tthe 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.
9.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.
10.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.
11.Equipment. Any equipment used by the Task Force will be retained by
the participating jurisdictions.
12.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.
13.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.
14.Pursuits.When a multi-agency traffic project is taking place, CITSTF and its
participating member will make every effort to accommodate requests from the
host agency. This includes, but is not limited to pursuits, termination of
pursuits, and traffic enforcement areas. Barring input from the host agency, all
participants shall follow the policies and procedures set by there employer.
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