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Home My WebLink About2008-05-19-Resolutions 08-104_Central IA Traffic Safety Task Force - 28E Agr - VariousTHE CITY OF WAUKEE,IOWA RESOLUTION 08-104 AUTHORIZING THE APPROVAL OF AND PARTICIPATION IN AN AGREEMENT UNDER lOW A CODE CHAPTER 28E TO P ARTICIP ATE IN CENTRAL IOWA TRAFFIC SAFETY TASK FORCE FOR SPECIALIZED ENFORCEMENT PROGRAM IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,City of Waukee has participated annually with the Govemor's Traffic Safety Bureau of the Iowa Department of Public Safety for specialized enforcement programs;AND, WHEREAS,the Waukee Police Department,in a cooperative effort with many area municipal law enforcement agencies as well as the Iowa National Guard,Iowa State Patrol,and Department of Transportation,supports continued participation and cooperative efforts in the promotion oftraffic safety;AND, WHEREAS,more effective cooperative efforts can be made by the Waukee Police Department in conjunction with Dallas County,Polk County,and other municipal agencies to collaboratively promote traffic safety in both counties;AND, WHEREAS,the 28E agreement,which is attached hereto and by this reference is incorporated herein, provides for participation and sets forth appropriate operational structure;AND, WHEREAS,the Waukee Police Department will participate within its current appropriated budget and will not require or request additional funds; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this the 19th of May,2008,to approve the 28E Agreement and authorize the May9t·to sign said 28E 'greemen L !lJJ~W- 'MihiamF.tea~ Attest: ROLL CALL VOTE Donald L.Bailey,II'. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY ABSENT X ABSTAIN X X X X AGREEMENT BETWEEN CENTRAL row A 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 Dallas County,Iowa: 1.Purpose.This Agreement is for the purpose of creating the Central Iowa Traffic Safety Task Force.("TaskForce")No new entity is created by this 28E. 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 municipality within Polk County or Dallas County may designate one voting member of the Task Force.Non-municipal entities including the Iowa Department of Natural 'Resources,the Iowa State Patrol;Iowa Department of Transportation,and the Iowa National Guard-may designate one voting member of the Task Force.Municipalities outside of Polk and Dallas 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.Members will detenmine how funds are to be allocated for Task Force expenses.. 4.Personnel.Any participating member may supply personnel to the Task Force. The assignment may be rotated.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.Each participating member assumes responsibility for its employee's actions and will defend its employees under Chapter 670. 5.Jurisdiction.The prosecutors for the designated jurisdictions have authority to prosecute any offenses identified and ticketed by the Task Force peace officers regardless of the employing jurisdiction.For the purposes of this Agreement,the County Attorney of either Polk or Dallas County delegates to the appropriate City Attorney,if any,the authority (0 prosecute state traffic and simple misdemeanor charges which arise during the targeted enforcement action.The prosecutors ,., agree to evaluate and prosecute any offenses identified and ticketed by Task Force Members based on the merit of the charge and not on the identity of the peace officer's employer.I 6.'Activities.Initially the Task Force will intensely monitor traffic compliance in particular targeted areas within Polk County or Dallas .County.Periodic targets 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 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 may be used by all officers regardless of employing jurisdiction. b.Prosecution will be by the prosecuting attorney of the targeted jurisdiction (who will be notified in advance of the targeted enforcement). 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, 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.. ] , 8.Adding and r.emoving members..Any municipality within Polk County or Dallas County who agrees to the terms of this Agreement is invited to participate by adopting the agreement and filing an executed signature page with the Polk County Auditor and Dallas County Auditor.To withdraw from participation,a municipality who has previously signed this Agreement may notify the chairperson in writing of their intent to withdraw. 9.Delegation and its effect.The chief law enforcement officer within the municipality must sign this Agreement as well as the governing body.By signing,the chief law enforcement Officer is indicating an authorization for peace officers supplied by other agencies or municipalities to have authority to issue tickets within the legal jurisdiction of the area that the task force is conducting an enforcement project.The County Attorney delegates to any signing city attorney the authority to prosecute state traffic or simple misdemeanor charges for targeted charges within the city attorney's jurisdiction.For the unincorporated areas or if the city attorney is 'unable to prosecute charges for any reason,the County Attorney will prosecute Task Force targeted charges.I '....-..., 10.Equipment.Any equipment used by the Task Force will be retained by the participating jurisdictions, 1 L Duration.This Agreement is effective from the time of appropriate filing after its execution by the Polk County Attorney,the Polk County Board of Supervisors, the Dallas County Attorney,the Dallas County Board of Supervisors,and the' Sheriff in each Comity until June 30,2012,Additional jurisdictions will officially participate when they file the signature page signed by the Mayor,Police Chief and City Clerk with the Polk County Auditor and Dallas County Auditor. SIGNATURES OF THE GOVERNING BODY,THE SHERIFF AND COUNTY ATTORNEY: ~'--"),.''~~a-Sheriff Dennis Anderson nty Attorney John ·P.Sarcone J 0 F.Mauro :2/'5/1J'f5 air,Polk County Board of Supervisors ~.J---.<;"""('.~"t'11~Chair,Dallas County Board of Sup.ervisors Wayne M.eisetter, Dallas County Attorney Dallas County Sheriff 28E AGREEMENT CENTRAL IOWA TRAFFIC SAFETY TASK FORCE THROUGH JUNE 30,2012 Name of Jurisdiction:City of Waukee The 28E for the Central Iowa Traffic Safety Task Force was adopted on May 19,2008 . City Clerk ~~.,.ym j Police Chief On behalf of other participating agencies: Denm~~IIrrSTF Chairman Windsor Heights Police Department )