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ORDINANCE II 84
AN ORDINANCE IMPLEMENTING AN AGREEMENT BETWEEN JACKSON TOWNSHIP AND OTHER PARTICIPATING MUNICIPALITIES OF THE CAMBRIA COUNTY DRUG UNIT PROVIDING FOR INTERMUNICIPAL POLICE COOPERATION BY GRANTING AUTHORITY TO OFFICERS OF EACH MUNICIPALITY TO OFFICIALLY ACT AS POLICE OFFICERS IN THE OTHER MUNICIPALITY WHEN PERFORMING DUTIES IN THE OTHER MUNICIPALITY AND ESTABLISHING PROCEDURES FOR THE POLICE DEPARTMENTS OF EACH MUNICIPALITY TO RENDER AID AND ASSISTANCE TO ONE ANOTHER.
BE IT ORDAINED AND ENACTED, by Jackson Township, Cambria County, Pennsylvania, and it is hereby ordained and enacted by the authority of the same as follows:
SECTION 1:
There is hereby adopted and ratified an agreement for intergovernmental cooperation known as the "Municipal Police Cooperative Agreement, 11 hereinafter referred to as the "Agreement".
SECTION 2:
This Agreement is entered into pursuant tot he provisions of 53 P.S. Sections 483 and 485 relating to Cooperation in Governmental Functions.
SECTION 3:
The purposes and objectives of the Agreement are as follows:
a. To enhance the coordination of drug investigations in the Cambria County area; and,
b. To provide for mutual police aid across jurisdictional lines to enable police to more effectively enforce the provisions of narcotics and illegal drug laws and thereby preserve the safety and welfare of the entire area; and,
c. To have available for use throughout the territorial limits of all municipalities signing the mutual agreement, the services of police employed by any and all of the said municipalities under the conditions set forth and in compliance with the Municipal Police Jurisdiction Act, 42 Pa. C.S.A. Section 8953.
SECTION
The manner and extent of financing; the powers and scope of authority delegated; and the manner in which property, real or personal, shall be acquired, managed or disposed of are set forth in the Agreement adopted and ratified in Section 1 and the Municipal Drug Task Force Agreement.
a. The Agreement adopted and ratified in Section 1 of this ordinance (Municipal Police Cooperative Agreement), with its attachments, and the Municipal Drug Task Force Agreement with its attachments (as enacted in Ordinance No. 83 , on Aug. 31, 1992), are incorporated by reference herein and are made part of this Ordinance.
SECTION 5:
The duration of the Agreement shall be indefinite, subject to termination by either municipality as provided in the Agreement.
This Ordinance shall be effective five (5) days after enactment.
ORDAINED AND ENACTED this 31st. day of -'A=u=g=u=s'-=t'--____ , 1992.
ATTEST:
BY ________________ _
'I'OWNSHIP SEAL
Supervisor
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
MUNICIPAL DRUG TASK FORCE AGREEMENT
THIS AGREEMENT, made this -- day of ___________ , 19 92, by and among the Commonweal th of Pennsylvania, Off ice of
Attorney General ( hereinafter referred to as OAG), Bureau of
Narcotics Investigation and Drug Control (hereinafter referred to
as BNIDC); the Cambria County Office of the District Attorney, and
individually and collectively, (hereinafter Municipalities).
WITNESSETH that:
WHEREAS, the Attorney General has received funding to support
local anti-drug efforts and these funds have been utilized to
establish local drug task forces to coordinate narcotic
investigation, enforcement and prosecution activities, and
WHEREAS, pursuant to this municipal drug task force program
a task force was established in and for Cambria County, and
WHEREAS, the Attorney General has requested the District
Attorney of Cambria County to take control of and supervise this
municipal drug task force for him, and
WHEREAS, the District Attorney of Cambria County has agreed
to control and supervise this municipal drug task force pursuant
to the terms of the OAG/PaDAA Memorandum of Understanding (attached
hereto and incorporated by reference at Exhibit "A"), and
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WHEREAS, the District Attorney of Cambria County has agreed
to account to the OAG for all task force expenditures in the form
and manner prescribed by the OAG in order to ensure uniform task
force accountability through the Commonwealth, and
WHEREAS, the Municipalities intend to participate in and are
a necessary part of these drug task force activities, and
WHEREAS, the aid and assistance of the municipal police
departments is requested to implement the municipal drug task force
activities in compliance with the Municipal Police Jurisdiction
Act, 42 Pa.C.S. Section 8953 (a)(3), and
WHEREAS, the Municipalities desire to enter into an agreement
for the purpose of having available for use throughout the
territorial limits of all municipalities signing this mutual and
joint agreement, the services of police, both full-time as well as
part-time, employed by any and all of the said Municipalities,
under the conditions set forth and in compliance with the Municipal
Police Jurisdiction Act, 42 Pa C.S. Section 8953, and
WHEREAS, cooperation among municipalities in the exercise and
performance of their governmental powers, duties and functions is
authorized by the various acts of the General Assembly to wit: 53
P.S. Section 483 and ratified by mutual ordinance pursuant to 53
P.S. Section 485.
WHEREAS, in accordance with the provision of 53 P.S. Section
488, the Local Government Commission of the Commonwealth of
Pennsylvania has reviewed this Agreement and has made
recommendations.
NOW, therefore, the parties, intending to be legally bound,
hereby agree as follows:
1. The parties will cooperate in carrying out the work of the
Task Force and agree to perform their individual duties as set
forth in this Agreement and in the Task Force Guidelines, which is
attached for reference.
2. Any employee of a party of this Agreement shall remain an
employee of his or her employer for the purposes of any activity
under this Agreement and each party shall maintain and be
responsible for all employee compensation, benefits, insurance and
other incidents of employment except as provided herein. "No
municipal employee assigned under this Agreement shall be deemed
to be an employee of the Commonwealth of Pennsylvania except as
provided in Act 100 of 1989.
3. Term. 1,_-,
The term of this Agreement shall begin Oh
4. Liability.
' Each party shall be an independent contractor and responsible
for its own employees and for the acts of its employees under this
Agreement pursuant to law. Each party shall provide such public
liability and other insurance as appropriate to protect against any
claims arising out of that party's performance' under this Agreement
and not otherwise provided. All parties to this Agreement shall
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have all rights and l1ab1l1ty protection as found in Act 100 of
1989. Nothing in this Agreement shall be construed to limit the
Commonwealth's rights, claims or defenses which arise as a matter
of law or pursuant to any provision of this Agreement. Nothing in
this Agreement shall be construed to limit the sovereign immunity
of the Commonwealth.
5. Municipal Agreements.
Each municipality shall have and maintain in effect a
Cooperative Agreement (attached hereto and incorporated by
reference at Exhibit "B") which the employees of each municipality
are authorized to carry out their duties in all other
Municipalities within the Task Force region. Each municipality
shall submit a copy of the agreement upon request to BNI. These
agreements shall be executed pursuant to and in compliance with 53
P.S. Section 483 and ratified by mutual ordinance pursuant to 53
P.S. Section 485.
6. Termination.
a. Any party may terminate its participation in the
Task Force by giving 30 days prior written notice to
the other parties to this Agreement.
b. The OAG reserves the right to tetminate the operation
of the Task force if the OAG determines that it is in the
interests of the Commonwealth to do so.
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7. Duties Upon Termination.
Upon termination or expiration of this Agreement, a party
shall return to the Commonwealth any and all materials, documents,
equipment or other items or property owned by the Commonwealth and
held by any party for the purposes of this Agreement, All parties
shall assist in bringing to an orderly conclusion all aspects of
any Task Force which has been concluded.
8. Overtime.
a. The OAG, through the Cambria County Office of the
District Attorney, agrees to reimburse the
Municipalities for overtime incurred by Task Force
members performing Task Force duties. No reimbursement
for overtime will be made unless the Cambria
County District Attorney has given prior approval to
the employee to work the overtime hours.
b. Reimbursement for overtime will be made in accord
ance with the procedure set forth in the Task Force
Guidelines referenced above.
9. Asset Forfeiture.
a. The process of distribution of assets or proceeds of
assets forfeited under the Pennsylvania Controlled Substances
Forfeitures Act or any other statute providing for forfeiture shall
be based upon the principle of equitable sharing of resources and
proceeds.
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b. A District Attorney's Office will include the OAG as
an eligible recipient in auy request by petition to a court for
awards of Task force seizures of either real or personal property.
c. The District Attorney's Office, and the OAG shall have
sole authority to authorize federal intervention regarding seizure
and prosecution only after all avenues offered by the Commonwealth
have been exhausted.
d. If federal sharing is authorized, each participating
party shall submit the federal form DAG-71, Federal Sharing
Request, to the appropriate Office of the United States Attorney.
10. Funds Availability.
The OAG' s obligations under this Agreement are contingent upon
the appropriation and availability of funds for Task Force
purposes.
11. Public Availability of Information.
The parties agree to comply with any requests or requirements
which the OAG is required to make in order to comply with federal
requirements relating to the availability to the public of
identifiable records or other documents used in the Task Force
program. This provision shall not be construed to require
disclosure of information expressly made confidential by another
statute.
12. Reports.
Each Municipality shall submit such reports as the OAG,
through the District Attorney shall require to meet state and
federal reporting requirements.
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13. Inspection and Audit.
Each Municipality agrees to provide information to the OAG and
access to records and facilities necessary for the OAG to carry out
any audits it is obligated to perform under sate or federal law.
14. Contract Subject to Law.
The parties shall be bound by all applicable state, federal
and local laws in carrying out the work of this Agreement.
15. Amendments.
No changes or modifications to the terms of this Agreement
shall be valid or binding unless made in writing agreed to and
signed by the parties.
16. Assignment.
No part of this Agreement or any duty hereunder is assignable.
17. Governing Law.
This Agreement will be construed in accordance with
Pennsylvania Law.
18. Nondiscrimination Clause.
See Attachment 1, which is hereby incorporated into and made
part of this contract. This is the standard nondiscrimination j
provision required for Commonwealth contracts. Reference in the
pro,vision to contractor shall mean any party to this Agreement.
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}{/~ ·.
iN ~ITNESS WIIEREOFd the parties have executed this Agreement
as of the date f rst above written.
OFFICE OF ATTORNEY
DISTRICT ATTORNEY
.. Approved by Solicitor
Approved by Solicitor
; .~· . . •• et •• -
I.
to~ c m
D-u:irq tI. una ol thla ccntnct, ea.~ ~ u foll.OWll 1
1. o:ntnctor ahall oot ~te ~ 1n:J ~,
ot. ~ ,· oo1or, rel1gi.oos crNd, ~, Mt iooal. orlcp n, NJe, OZ; s.e:x.
Cootn.ctor ahall tabt ufinmtive actian to '1I\IUl"e thlt lfl?llcanta a.re
ropl.oye:i, Ard trat ~ or ~ta are traated c.xrlD9 ~, with:iut
regaµi to thair n1C$' color rellg:ioo.11 c:reed, ~, naticral. origin, age
or 8UX. SUch a ff i DM t..1 w action ahAll include, b.lt !JJ not. limited to, t})9
follCMin;}1 ~, upp:adlnq, danoticl'\, or tnu\l!a:r1 recruitment or
racruitlla'lt ~, l..aj'o!t or tenn1.nat.1.oo1 ntea of ft1Y or other!~
of ~t.imJ ~ ~ !or tra.1.n1.r)1. o::ntnactor shall p:iet in
o:nspio.x:us places, ava i J 11bla to 0J\)loj'\3ef5, ~, ~ !or
arployrra1t a.rd otbar ~ / d ootice to 00 ~ brj the a:ntracting
a~ ~ forth the prwi.eicns o! th.is ~ ~.
2. ~ shtll in ~ or ~ for roployn:ent
placed by it or en it.a teha1! stata all <r-"Jffie:i ~ \rlll receive
o:.nslderatioo for ~ with::m. ~rd to l'.?IC8, color, rs1.igicua creed,
anceirt:cy, na Ucnal origin, ~ or sex. •
3. ~ shall sa-u e&ch l.al:cr 'tJni.cn or ~'
~tativaa with wu.ch it ha.JI a oollective ~ ~ or ot:ha.r
o::ntract or ~, a ootice ~ Mid l.ab:ir unicn or ~,
~u ti w of 1 u mrmi tn:snt. to th.ia ~ Ucn clau&e. Simi 1 ar
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. . . . ' .. . . . . . 1
P';{ \.mu:actor •.
4, It thAll ht TO &,.!"~ to & t.1rrlirq of a nco:at\'l !aJ"JOJ \litb
Co"ltract ~ ~t.icna l.11ru8d ~ th9 P«ln.lylvanla llJ:l'all l\tl.at:!.ona
O'.:llluiuioo o:c thLI ~ticn c1AuH that O.:..trAC"tor had del~
Ba:M ot it.a ~t ~ to Mr:/ unlcn, t.rnlnlnq ~or~
KUrOII of ~ tment Wlidl ~ it !rem ~ i ta cblig-atla-i.t.
~, if the ~ irrlica tea that thl Cartn.ctor waa oot en oot.1oa O: . .
. the third party d.l.scrlininaticn or modo a s,:o:1 fa.1th ef.!ort tJ.') co.erect it, . .
8UCh ~ctor tma11 w ~ in mUgation. 1n ~ ~bl
unctlcnfl.
5. ~ ~ ~OOG o! a uni.en or arrt tra1nl.ng ~ or other
SOJJ:CQ of recruit:zroot will result in the excl.U5icn of minority <,;µ:eup
pers<::n9, eo · that Ccnt:n'l.Ctor will l:e \Jl'Abla to D:'8Q't i tJI ooll~tims un::3ar t:hQ
Cootract carp11ance ~t.icns ~ by 08 Pamaylvania amm Relat.icos
Ci::rrtlliuicn or th1.s ~ti.en cl.al.1.68, Ccntractor Mall;then m:ploy
and illl vac.Mci.06 t:hrcu;h other ra:di sen mi Mt.or;/ ~ prcca:h.u:'8il.
6 • Ccntractor ah4l.l ~ y 'With tha O:::ot:ract. ~
R£qtt1.a t.icns of. the Paineyl V?Jtl.a a mm Ral.a ticna Carmi uioo, 16 PA O::da
O-.apt.ar 49 a.nj m th all ~ po.:b.i.bit.irq ~Um in hi rlrg or ..
~ q:p:xrtuni. ti.el, !.n the ~ ot 0::nt:r?Jctor' 8 ~, i &01 'With
too ocn-d.iscrlminatia'l cl.IDM of thl.a ccntnct or with aey sudl ~, thlJJ
ccntrl1ct rm.y, a.ft.er hearlrq ard adjmicatioo, oo teuni.natoo. or~ in
....t:ola or in p,..rt, an:1 O:ntrtlCtor ury ba decland ta,\o.radly ineUgibla for ,.
further ~th o:ntraC'ts I ani such other sarcti.cna rt:ey b:, ~ and . .
ra1e:lles invokoo a.a ~ ty the C.C:Otractor Ccnpl lance Regulaticnl.
I
.. .. .. . ,. v:xit ~ ilh,a.ll ~ ill pCONe-. • ~~ &xi..rn.nua &.nd
~ to, Md p$nnlt ~- to it.a ~, ~ a.rd ~ti by, the
ccntuctinq ~and~~ l\al.4t.1.oo, O:>aiuL:n, f.or ~ ~
~ tioo to uoart.Aln ~ "1th tbt ~ ot the Cattn.ct
--------JPa.Juh~,-h-tticnl.-f-R'i..--,-:--p.tttuant to I 4935 of thli U t1a (relatirq to infonnaUoo
~ ~ bi_,, ca1t.:::r.actoa), I! ~ d:>M not p:,ilt.11
~ or ~ reflectirq the ~ !nfo:oraticn ~, it
shall tumum such !nf~ticn en ~ fuDra rruwUed Pf the
ca1t:ract.!.rq ~ or tha O::mn.iuioo.
8. <:a1tract.or shall acti wly rocrui t m.ncri ty trub:x::ntractora or
~ with 8\lOOtantLtl mi.norlt-j ~ticn am:o;7 ilirlr
~-9. Ccntractor 2'-hall incl trla the ~ of thil
~ticn CMll.&e in fN8ry 6Ub:x:nt:n.ct, flJO that sudl ~ will
be hirrlirq up:n Mch ~ •
10. 'Iha te:l:lna uae:i in t.his ~ clause ~ have the . &3lW ~ a.a in tha Ccntract Ccn\1liaoca ~.lat.tens i.ssue:1 by the
Poonsyl vania Hi..Imn Ralat.icns Ccm:ni.Micn, 16 PA o:rle ~ 49.
11. o:nt:ractor chl1ga t.icna un:!er thl.l cl.au.s:a a.re limi too to the~
O:nt:ractor' 1 tac:i 11 t.i.s. within ~lYaxi.ia., or, W)€!J';Q tha o::ntract is for
. ~ of go:d.a ~ <:JJUida ot ~lvania, tlJG facllitiet At
~ Mid go:d.a are ~y pro::1uo9d.
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MEMORANDUM OF UNDERSTANDING
. WHEREAS, the Commonwealth Attorneys Act dQsignatea the
District Attorney of each county as the chief:· law enforcement
officer of that county, and
WHEREAS, the Commonwealth Attorneys Act da2ignates the
Attorney G~neral as th8 chlef
Commonwealth, and
law enforcement of fleer · ot thu
WHEREAS, the GanerAl Aasembly of the comrnonwoalth has
appropriated certain monies to the Office of Attorney General for
the eetablishment and operatiori of. municipal drug task force
programs, and
WHEREAS, coop9ration and coordination among all
inv8stigstive and prosacutorial agencies within the Commonwealth
ta essential to maxim!.ze the effectivaness of drug law
enforc~ment effort! at the local, county, state and national
levels, and
Wli'EREAS, it is the desire of the Attorney General and the
various Distr.lct Attorneys, through the .agency of the
P~nneylvania District Attorneys Aiuociation, to resolve
certain dispute~ while not. af f acting those municipal narcotics
task force programs which currently operate to tha auti8faction
of the Attorney Gen~ral and the ~e~p~ctive Di~trict Attorneye,
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NOW THEREFORE, the Attorney General and tho Psnnsyl vania
ict Attorneys into this Memorandum of
Understanding as to the parameters
drug task force program shall operateJ
n unicipal
.. ' ..
1. The municipal drug task force programs shall be subjeot to
the control and· supervi5ion of the Diatrict Attorney
of the county in which the taek force operetsa, unles• thG
Dit!trict Attorney requests that :such control and supervision
functiona be aBeumsd by the Office of Attorney General. Attorney
Gener~l and Burea1.1 of Narcotics Investigation and Prug control
p0~$onnel shall not engage in control or supervision of municipal
drug task force ~ctivitiss, unless such control or supervision is
apecifically requestf.iKi by the District Attornliy. A division of
sp9CifiC control and supervision functions between the Office O!
Attornlily G~u,eral and the District Attorney me\y be agreed to by
the Office of Attorney G~neral and the District Attorney.
2. For purposes of this agrs0ment, 11 control and suparvieion 11
shall includes {a) the organization of municipal and county law
enfor<:ernsnt peraonnal into municipal drug taak forces; (1') the
d~Bignation of personnel responsible for day-to-day operational
control of taBk !orca activities; (c) tha determination of
investigations and other activities to be undertaken by the task
force; ( d) the determination of the resources to be devoted to
e~ch ta3k farce activity; (G} the determination of electronic or
other aurveillance measure~ to be amployed in any particular task
2
tivity; (f a use of informants and
agreements to be made with informan s; rch
~rants, arrest warrants, and other legal document, or process; ;.
an itemized accounting on a quarterly basis for .all task ·-rce expenditure11.J, which ahall be submitted to the Office of
,torney G8n~ral and made available for the Appropriation
)mmitteea of tna GQneral Assembly, '
• If a Di:1trict. Attorney agsumaa reeponaibility for eontrol
ind supervision of a municipal d~ug task force program, decisions
:::oncerning such control and supervision ehall be mada by the
District Attorney in consultation with the local police, the
Bureau of Narcotics Investigation and Drug Control and State
police, in accordanc0 with the custom and practica of th8
particular county.
4. In counties in whic;:h the District Attorn@y has chosen to
control and eupervise the operation of municipal drug task
forces; all Attorney General or Bureau of Narcotics Investigation
and Drug control personnel or ngants working on matters involving
municipol drug task force programs shdll coordinatQ their
municipal drug task force activities at the municipal anct county
levels through, and work at the gengral direction of, tha
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District AttornQy or his cteslgnee. The Otfice of Atto~ney
General shall not mo.kg ind'-pendent expendltur~e for municipal
drug task forcv operations unless authorized by the District
Attorli9y, Attorney G~neral regional attorneys shall provide
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supervision and counsel to municipal drug task forces only to the
extent agreed to by a District Atto~ney.
5. In counties in which the District Attorney has chosen to
control and supervise the operations of municipal drug task
torcee, the District Attorney shall consult directly with the
appropriate regiontil officG oft.ha Office of Attor~ay General to·
QQ<;!'\lr9 functinc;i fo1:. thCil opgrntiong of tha municipal drug task
force.
6. Law enforcement personnel participating in municipal drug
task force operations shall remain ernployges of, and be subject
to thQ dire~t ~uparviaion. of, the agAncy or department by whom
'· they are regularly employed.
7. A District Attorney and the Attorney General may eetabl!sh
by mutual agreement responsibility for tha initiation and
litigation of forfeiture actions re!ulting frcrn municipal drug
task force operations, In counties whera the District Attorney
has chosen to control and supervise th9 operation of municipal
drug task fo~cea, unless a District Attorney otherwise requests,
~ll forfeiture matters resulting from munieipal drug taek force
operations Shall be 11 tigated t>y the District Attorney and all
seized property shall remain in the county in which th$ property
wa» seized for cu8todial purposes. A District Attorney shall
promptly notify the Off ice of Attorney Gensral of ~ny and all
pending !orfeitut"e l.Lt.Lgation reeulting from the oparation of
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mun1cip4l drug task forces. All forfeitures shall be distributed
according to the laws of the Commonwealth of Pennsylvania.
8. In counties in which thli District Attorney haa chosen to
control and supervise the operation of municipar drug task
forces, tha Attorney General shall consider the funding of a
full-time municlpal_drug task forcQ coordinator, ~mployod by and
answerable to a District Atto~nay, in those counties where such a
need exi~t~, at the ~eqqest ot a District ~ttorney.
9. Thlsa Memort\ndum of Understanding ehall not void or in any
way invalidate nny e¼isting municipal drug task force agreement.
1-towQvQr, at the requliet of ~ District Attorn&iy, the Attorney
General and the District Attorney ~hall, after due notice to all
aignato~s, promptly modify any existi.ng municipal drug ta1.k fo1:ee
agraQmQnt in accordance with thlil terms of this Memorandum of
Under5tanding, a8 requested by a District Attorney.
l~~U-Erm,.t P, Preate, Jr. 1 Attorney General Commonwealth of Pennsylvania July 2~, 1991
Alan M, Rubenstein President PA District Attorneys Asen. July 25, 1991
TABLE OF CONTENTS
1. GENERAL STATEMENTS OF POLICY AND PROCEDURE
1.1 JURISDICTIONAL BOUNDARIES
1.2 POLICY STATEMENT
1.3 GENERAL RESPONSIBILITIES OF MEMBERS
2. ORGANIZATIONAL PROCEDURES
2.1 BOARD OF CHIEFS
2.2 MEETINGS
2.3 OFFICERS
2.4 ELECTIONS
3. OPERATIONAL PROCEDURES
3.1 GENERAL INTENT
3.2 CONTROL OF INVESTIGATIONS
3.3 REPORTS
3.4 MAJOR INVESTIGATIONS CONTROL
3.5 USE OF MANPOWER
3.6 NOTIFICATION OF INVESTIGATIVE
3.7 USE OF OFFICIAL FUNDS
3.8 FORFEITURES
3.9 EVIDENCE
3.10 USE OF WEAPONS
3.11 DISSEMINATION OF INFORMATION
3.12 USE OF ALCOHOL
3.13 USE OF DRUGS
3.14 CONFORMANCE TO LAWS AND RULES ., . ., ''ii
k 'I
4. MISCELLANEOUS PROVISIONS
4.1 COUNTY DETECTIVE STATUS
4.2 DISCIPLINE
4.3 TRAINING
4.4 REPORT OF INJURY
4.5 REPORT OF PROPERTY DAMAGE
4.6 INTERAGENCY COOPERATION
4.7 DISPLAY OF IDENTIFICATION
1.1 JURISDICTION ..
The jurisdiction of the Cambria County Drug Task Force
shall include all of Cambria County. Additionally, members may
operate outside the area of primary jurisdiction in such cases
where the need and authority may arise.
The Task Force shall be comprised of such municipal
police officers from Cambria county as shall be assigned by their
department, members of the Attorney General's Office, Detectives
assigned to the District Attorney's Office, and members of the
Pennsylvania State Police. Task force activities shall be
coordinated pursuant to the operational procedures as outlined
hereafter under the supervision of the District Attorney's Office.
1.2 POLICY STATEMENT
The Task Force exists to fight drug use and traffic .
within, around and through our mutual boundaries via a
shared resources including personnel,
equipment and technical assistance.
information, finances J: 1 ·:'
The Task Force is not meant to replace the drug
enforcement efforts of individual agencies but to compliment and
expand existing efforts. Drug traffic does not stop at municipal
boundaries or county lines. Recognizing this, the participating
agencies are combining their resources to more effectively combat
drug trafficking in order to provide the best possible law
enforcement and protection to citizens.
1.3 GENERAL RESPONSIBILITIES OF MEMBERS
Members of the Task Force will conduct investigations,
covert and otherwise, of drug traffickers at all levels of
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involvement from street level dealers to the heirachy
sophisticated drug organizations, for the purpose of arrest
prosecution.
Pursuant to that goal, as the situation demands, members,
shall investigate violations of Act 64, "The Controlled Substance,
Drug, Device and Cosmetic Act," Act 699, The Pharmacy Act" as they
relate to drug trafficking and any other criminal violations
related thereto. Activities shall include:
A. Conducting direct purchases of controlled substances.
B. Conduct controlled substance conspiracy investigation.
C. Develop and utilize confidential informants.
D. Conduct controlled purchases of controlled substance
utilizing confidential informants.
E. Gather intelligence for the purpose of executing search
warrants.
F. Engage in convert surveillance activities.
G. Gather intelligence for the purpose of initiating
forfeiture proceedings.
H. Gather intelligence on related or other criminal
activity.
I. Cooperate with other law enforcement agencies when
appropriate, by sharing information and resources.
J. Such other activity as shall be warranted by the
circumstances.
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2.1 BOARD OF CHIEFS
The Cambria County Drug Task Force shall be under the
supervision of the District Attorney who shall be advised by a
Board of Chiefs which shall include the chief of police of each
municipal department which is a member of the Task Force, the Field
Supervisor, (if not already a member of the Board of Chiefs), and
the Cambria County District Attorney.
2.2 MEETINGS
The Cambria County Board of Chiefs shall meet on a bi
monthly basis on the third Monday of odd months at 10 A.M. to
decide on Task Force operations. Special meetings shall be held if
and when needed on notice to the chiefs by the secretary of the
Cambria County Drug Task Force.
2.3 VOTING
Each chief on the Cambria County Drug Task Force shall
have one vote on any matter coming before the Board of Chiefs. That
vote shall be cast by the chief or, in the event of the
unavailability of the chief, by another member of his department
whom he designates in writing as his representative. This written
designation shall be transmitted to the President of the Board of
Chiefs prior to any Cambria County Drug Task Force meeting.
2.4 OFFICERS
The officers of the Cambria County Drug Task Force shall
include:
A: Chairman of the Board of Chiefs who shall direct and
supervise affairs at the Task Force meetings.
B: Vice Chairman, who in the absence of Chairman
will assume the duties of the Chairman and
also assume such duties as are assigned by the Board of
Chiefs.
C: Secretary, who shall keep minutes of all meetings of the
Board of Chiefs and preserve all papers, letters, and
transactions and shall give notice of the meeting
and of any special meetings to the Board of Chiefs.
D: The Field Supervisor, who shall be in charge of the day
to da operation of the Task Force to include coordination
of activities of all Task Force operations. The Field
Supervisor will answer to the Board of Chiefs and will
report activities of the Task Force to the Board of Chiefs.
2.5 ELECTIONS
The Chairman and Vice Chairman and Secretary of the
Cambria County Drug Task Force shall be elected by a majority vote
of the Board of Chiefs at the annual meeting which meeting shall
be held in September of each year.
The Field Supervisor shall be appointed by the District
Attorney with the advice of the Board of Chiefs.
\
3.1 GENERAL INTENT
The operational guidelines are intended to provide
general guidelines for the success of field operations. it is
recognized that unique situations will occur. When confronted by
these situations, officers should use discretion to resolve any
potential problems. Officers are encouraged to contact appropriate
Task Force officials or senior investigators for guidance whenever
possible.
3.2 CONTROL OF INVESTIGATIONS
The Field Supervisor shall be responsible for supervising
the day to day operations of the Task Force to include overall
supervisory responsibility for each investigation and general
control of each investigation.
The officer supplying information (by means of a
confidential informant or otherwise), who initiates an
investigation shall generally assume investigative control of the
case, subject to the direction of the Field Supervisor. This
control may be transferred to another officer if, after
consultation, it is deemed in the best interest of the overall Task
Force objectives for a successful case resolution.
3.3 REPORTS
Every Task Force investigation will be documented as
completely as conditions allow. The officer with investigative
control of the case is responsible for documenting the
investigation on any and all appropriate forms. The reports will
include a detailed account, of the events, times, synopsis of
relevant conversations, locations and any other pertinent
information relevant to the investigation. All participating
members will provide the officer with jurisdictional control with
all necessary information, statements or reports as soon as
practicable.
3.4 MAJOR INVESTIGATIONS CONTROL
Complex or extended investigations typically involve a
higher element of danger. Due to this, safety and documentation of
activities should be considered of primary importance. All
available information should be reviewed and verified, if possible,
before formulating a plan of operation. Everyone involved should
fully understand the plan and objectives prior to commencing their
respective assignments. The officer having operational control of
a major ,investigations \
should make every effort to appoint
operations assistant ( s) to ensure the flow of information and
direction of assignments in order to successfully complete the
investigation.
3.5 USE OF MANPOWER
Each investigation shall have as many or as few members
participate as may be deemed advisable giving due regard to the
safety of members, the safety of the public, the complexity of the
investigation and the duration of the investigation.
3.6 NOTIFICATION OF INVESTIGATIVE ACTIVITY
Where practicable, when an active investigation is
planned in a participating municipality, the Task Force member(s)
from the municipality will be notified prior to implementation of
the field operation.
Notification will be given to police officers not on Task
Force assignment if the situation may warrant.
3.7 USE OF OFFICIAL FUNDS
The use of official funds shall be at the discretion of
the agency supplying such funds. They shall be used only for the
purposes(s) as the supplying agency may designate. It shall be the
responsibility of the member receiving any official funds to
maintain accurate records of the use of all monies expended, in
such manner as the supplying agency shall require.
3.8 FORFEITURES
Members are advised that forfeitures are an integral part
of Task Force operation. Forfeitures penalize drug offenders and
supply needed funds to law enforcement. Every effort should be made
to document,information that will assist in forfeiture of property
and/or monies. A disposition of all seized assets shall be the
responsibility of the office of District Attorney. The proceeds of
any forfeiture shall be distributed with 25% going to the office
of District Attorney, 37 1/2% to the office of Attorney General and
37 1/2% to the Cambria County Drug Task Force, the last sum to be
used exclusively for Cambria county Drug Task Force purposes.
3.9 EVIDENCE
The Officer with jurisdictional control shall be
responsible for securing, preserving and documenting evidence,
unless otherwise directed by the Field Supervisor, so as to
maintain its integrity. Arrangements for laboratory or other tests
required on evidence shall be the responsibility of the officer
maintaining custody of said evidence or Field Supervisor.
3.10 USE OF WEAPONS
Members s_hall only carry weapons for which they are
qualified. UPon request, the member shall submit proof to the
proper Office of the District Attorney, the Field Supervisor of
annual firearms proficiency for each weapon Jj~g in Task Force
operations.
The use of weapons capable of full automatic fire is not
authorized. Use of rifles or shotguns shall be limited to
situations where they are specifically called for, in the judgement
of the Field Supervisor.
3.11 DISSEMINATION OF INFORMATION
Active investigations shall be kept confidential.
Information on Task Force activities will not be publicly
disseminated prior to an arrest and any information supplied to the
public or news media shall not compromise current or future
operations. prior to dissemination of information relating to Task
Force activities discussion shall be had by the Field Supervisor,
the Chairman of the Board of Chiefs, the District Attorney, and any
other persons deemed appropriate. Such information shall be
disseminated by an individual and in such a manner as the aforesaid
individuals deem appropriate.
Information will be furnished to other law enforcement
personnel on a need to know basis only. Upon request, the chief law
enforcement officer will be advised of the status of investigations
within . his jurisdiction. officers are not to release any
information on investigations on which they do not have
jurisdictional or operational control. nothing in this section
shall be construed as to inhibit the free exchange of information
between officer to aid investigations.
Any officer disseminating information concerning
investigations in violation of this paragraph shall be discharged
from the Cambria county Drug Task Force on majority vote by the
Board of Chiefs.
3.12 USE OF ALCOHOL
Members shall not consume alcoholic beverages while
engaged in actual field operations unless required by the nature
of their covert assignment. Members shall not appear for or be
involved in Task Force operations while under the influence of
intoxicating beverage in violation of the laws of the Commonweal th.
3.13 USE OF DRUGS
It is prohibited for agents to violate either Act 64,
"The Controlled Substance, Drug, Device, and Cosmetic Act", or Act
699, "The Pharmacy Act", in regard to the use of drugs. Use of any
controlled substance will not be tolerated, regardless of the
circumstances of any assignment.
3.14 CONFORMANCE TO LAWS AND RULES
All officers shall obey the laws of the Commonwealth of
Pennsylvania and the United States of America in regards to Task
force operations.
All officers are responsible for obeying any applicable
rules and regulations of their parent agency. If the rules or
reguJations of the parent agency are inconsistent with those of the
Task Force, the Member involved in such conflict shall be
responsible for contacting the appropriate persons to resolve said
conflict.
4.1 COUNTY DETECTIVE STATUS
All Task Force officers shall be appointed Cambria County
special county detectives by the District Attorney. Once duly
appointed an officer
assigned to the Task
Attorney.
shall retain such status until no longer
Force or until removed by the District
4.2 DISCIPLINE
A member accused of an action that is contrary to law or
rules and regulations of the Task Force or their parent agency
shall be treated fairly and justly. Any investigation of this
nature shall provide the officer in question with the opportunity
to explain the actions. officers assigned to the Task force are
still accountable for their actions in the exercise of duties to
the parent agency.
Allegations of misconduct shall be promptly reported to·
the Field Supervisor, to the member's immediate supervisor in the
parent agency and to the Off ice of the District Attorney if
appropriate. As need be, the parent agency and the District
Attorney will jointly investigate any reported infractions. Records
and reports of disciplinary investigations and actions shall be
maintained by the parent agency in accordance with its procedures.
Following such investigation the report of that
investigation shall be presented to the Board of Chiefs at the next
Carnbrta County Drug Task Force meeting. The Board of Chiefs is
authorized to remove any officer from the Task Force or impose
whatever discipline the board deems appropriate regardless of the
substantiation of the complaint if deemed appropriate by the Board
of Chiefs. In making this determination the recommendation of the
Field Supervisor, the District Attorney and the chief of that
officers' parent agency shall be taken into account. Assignment to
the Task Force is deemed a privilege, requiring the highest
standards of its' members, and even the appearance of impropriety
may compromise the Task force. All officers assigned accept that
there shall be no appeal from a decision to discipline or remove
them from the Task Force.
4.3 IN-SERVICE TRAINING
Every effort will be made to provide in-service training
on topics of interest to Task Force operations. Such training may
be conducted by the Task Force Coordinator, the Field Supervisor,
the District Attorney and/or the Office of Attorney General. Prior
announcement of such training will be given. In addition, members
are expected to increase their job knowledge through observation
of and participation in Task Force investigations.
4.4 REPORT OF INJURY
Any member injured during a Task Force operation shall
immediately report same to the member in operational control of the
investigation. As soon as practicable thereafter the Field
Supervisor shall be notified who shall report such injury to the
appropriate parent agency.
MUNICIPAL POLICE
COOPERATIVE AGREEMENT
THIS AGREEMENT, MADE AND ENTERED INTO THIS ______ DAY OF
YEAR OF _____ , AMONG THE MUNICIPALITIES
THAT ARE SIGNATORIES HERETO, ALL OF WHICH ARE IN THE BOUNDARIES OF
CAMBRIA COUNTY, COMMONWEALTH OF PENNSYLVANIA.
WHEREAS: Increasing population and the common problem of illegal
use and traffic of narcotics and other dangerous drugs
have tended to obliterate municipal boundaries in it's
enforcement of laws in Cambria County, Commonwealth
of Pennsylvania and;
WHEREAS: There is an urgent need for uniformity and continuity
in the enforcement of such laws in Cambria County and;
WHEREAS: Cambria County is an area of several police forces,
each operating independently, and,
WHEREAS: Coordination of police activity in the area has
historically been sporadic and informal; and,
WHEREAS: Police officials of Cambria County have manifested
a genuine interest in safer communities through
improved police service; and,
WHEREAS: The aforementioned municipalities have determined that
the provision of mutual police aid across jurisdictional
lines will increase their ability to enforce the pro
visions of narcotics and dangerous drug laws and to
preserve the safety and welfare of the entire area; and,
1
WHEREAS: Those same police officials desire a functional police
program that contains the components of good police
service; and,
WHEREAS: It is desired by the signatory municipalities to enter
an agreement for the purpose of having available for
use throughout the territorial limits of all munici
palities signing this mutual, joint agreement, the
services of police employed by any and all of the said
municipalities, under the conditions set forth and in
compliance with Municipal Police Jurisdiction 42 Pa.
C.S.A.; and,
WHEREAS: Cooperation among municipalities is the exercise and
performance of their governmental powers, duties and
functions is authorized by the various acts of the
General Assembly to wit: 53 P.S. Sect. 483 and
ratified by Mutual Ordinance pursuant to 53 P.S.
Sect. 485.
NOW THEREFORE:
THE PARTIES HERETO, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND CONDITIONS HEREIN CONTAINED, PROMISE AND AGREE WITH
EACH OTHER AS FOLLOWS:
?
SECTION A
SECTION A
SECTION B
ARTICLE I
POLICE DISTRICT BOUNDARIES
That all municipal boundaries of parties entering this
agreement shall remain in full force and effect with
the understanding and agreement that police officers
of the signatory municipalities shall have all the
powers and authorities conferred by law on the police
in whatever municipality they may be involved. (42 Pa.
C.S.A. 8953 (a) (4)
ARTICLE II
JOINT POLICE ADVISORY BOARD
That all police officers selected to be members of the
Cambria County Drug Unit hereafter, known as the Field
Investigations Team, shall remain under the general
supervision of their own police chiefs, except as
hereafter specified. (42 Pa. C.S.A. 8953 (e)
That each signatory municipality shall be represented
on the advisory board and to participate in this
project, it's municipality must be signatory of this
agreement.
3
SECTION C
SECTION D
SECTION E
SECTION F
That in order for a police department to be represented
on the advisory board and participate in this project
it's municipality must be a signatory of this agreement.
That the officers of the advisory board shall be
CHAIRMAN, VICE CHAIRMAN, TREASURER, SECRETARY. Their
duties to be conducted in accordance with "Roberts
Rules of Order" as revised.
That in order to implement ARTICLE II, SECTION D the
officers of the advisory board shall be elected at a
September meeting of the participating municipality
representatives.
The advisory board may establish any committees
necessary to further the purpose of this project, such
committees to be determined by majority vote of the
membership of the advisory board.
4
SECTION G
SECTION A
SECTION B
The advisory hoard shall have,---as NON-VOTING members,
designated and submitted by members of the Field
Investigations Team, in association with the advisory
board, to participate in all discussions and act as
liaison to promote the general purpose of this agree
ment, to wit; provide an effective task force of
coordinated police officers and investigations.
ARTICLE III
MEETINGS
The members of the advisory board shall meet bi-monthly
at a date and time to be established by the board for
the purpose of conducting the business of the advisory
board and in the event that such day is legal holiday
under the laws of the Commonwealth of Pennsylvania, then
such meeting shall be held the next succeeding secular
day not a legal holiday under the laws of the Common
wealth of Pennsylvania or at such other time as may be
determined by resolution of the advisory board.
All special or re-scheduled regular meetings of the
advisory board may be scheduled by appropriate resolution
of the advisory board fixing the date, time and place of
such meeting, Special or re-scheduled meetings may be
s
SECTION C
called by the CHAIRMAN, or more than a majority of the
participating members by request in writing The ca]] or
a request, if any, shall state the purpose of the
meeting.
The meeting shall be held at a date, time and place as
shall be designated in the call of the meeting. Written
notice of each special or re-scheduled meeting shall be
given at least one day prior to the day named for the
meeting to each member of the advisory board who does
not waive such notice in writing.
That a majority of the members of the advisory board
shall be necessary to constitute a quorum for the
transaction of business and the acts of a majority of
the members present at a meeting, at which a quorum is
present, shall be the action of the advisory board.
Voting on all questions shall be taken by a show of
hands or voice provided, however, that the chairman
may on his own motion or shall at the request of any
member, cause a vote to be taken by roll call. The
parliamentary procedure of the advisory board shall be
governed by "Roberts Rules of Order" as revised.
6
SECTION D
SECTION A
The advisory board shall maintain an acc11rate record
of the minutes of the meetings, regular or special,
and all other records, and further, that such minutes
and records all at reasonable times, be open for
inspection by any authorized person.
ARTICLE IV
FINANCE
That the advisory board shall file a monthly and an
'annual written report covering its police work and
activity to each of the respective municipalities
in the membership. The report shall be prepared by
and the responsibility of the Field Supervisor.
SECTION A
ARTICLE V
JURISDICTION AND ORDER
That any police chief of a signatory municipality or his
duly authorized representative may contact the narcotics
operations officer and request assistance. (42 Pa. C.S.A.
8953 (a) (3).
7
SECTION B
SECTION C
That while in any signatory municipality the narcotics
investigation team is under the general supervision of
the Field Supervisor and shall not act without first
obtaining his authorization. (42 Pa. C.S.A. 8953 (a)
( 4) and ( c) .
That operational procedures shall be established by the
advisory board on which shall be distributed to and
binding upon all task force officers.
SECTION D,
SECTION A
The operational duties of the Field Supervisor shall
be established by the District Attorney after con
sultation with the advisory board.
ARTICLE VI
PROPERTY
VEHICLES: All vehicles utilized by the narcotics
investigations team, which are registered, owned and
insured by a particular municipality shall be
operated ONLY by an employee of that municipality
without exception. That at termination of this project
and aoreement, all property will be retained by the
Cambria County District Attorney.
SECTION A
SECTION B
SECTION D
ARTICLE VII
DEPUTIZING, HU1UNITY AND CLA
The police services performed and the expenditures
incurred under this agreement shall be deemed for public
and governmental purposes and all immunities from
liabilities enjoyed by the participating municipality
within it's boundaries shall extend to it's partici
pation in police services outside it's boundaries.
(42 Pa. C.S.A. (d).
That each participating municipality shall, by becoming
a signatory of this agreement, waive any and all claims
against all other participating municipalities hereto
which may arise out of their officers police activities
outside their respective jurisdictions while rendering
police service under this agreement.
That each municipality shall save harmless other
municipalities to· this agreement from all claims by third
parties suits, damages and losses, including costs,
expenses and attorneys fees incident to or resulting
from any injury to any person or damage to property which
may arise out of the rendering of police services under
this agreement; and further, that public liability
insurance for both bodily injury and property damage
9
SECTION A
SECTION A
liability covering police vehicles while on duty in the
terrjtorial Jjrnits of any of the participating-m~u~n~i~c-±-i~-
palities shall be obtained by the individual signatory
municipalities.
ARTICLE VIII
JOINTURE OF ADDITIONAL MUNICIPALITIES
That additional municipalities may become parties to this
agreement upon application, in writing, to the joint
police advisory board, and approval of a majority of the
then participating municipalities at the next regular
or special meeting and upon proper acceptance of the
provisions of the agreement by the applicant
municipality.
ARTICLE IX
INTERPRETATION OF AGREEMENT
All differences arising out of interpretation of this
agreement shall be resolved by the joint police
advisory board, by majority vote of voting members.
SECTION A
SECTION B
ARTICLE X
TERMINATION
The withdrawal from this agreement by any single
municipality shall not terminate this agreement among
remaining municipalities.
Withdrawal from this agreement shall be effected upon
written notice by any municipality of not less than
seven (7) days and setting forth the date of termina
tion by that municipality.
IN WITNESS WHEREOF:
And intending to be legally bound herewith, and in accordance with
proper action of each of the governing bodies of the respective
municipalities, the parties hereto have caused this instrument to
be executed by their proper officials and signing by the mayor,
governing body president and chief of police and the municipal seal
affixed on the day and year appearing on page on ( 1) of this
agreement.
ll
AFFIRMATION
A RESOLUTION TO BECOME A SIGNATORY OF AGREEMENT AS A PARTICIPATING
MUNICIPALITY OF THE CAMBRIA COUNTY DRUG UNIT WAS PRESENTED AT A
MEETING OF R::gular /$,pecial M.mcipality
CAMBRIA
COUNTY, COMMONWEALTH OF PENNSYLVANIA, AND WAS MOVED BY
---~~~~--------' SECONDED BY-~-~~------Nore & Title N3rre & I itle AND SUPPORTED AS FOLLOWS:
J , ! j' I , 1· , > i 11 • ,, ·, I
,t , /,. ; /l ;_ J ; (' // . i ( i• .. / / ,~ t I I ~, ',-{_ ._.,,/ , .._ - f_, ,,,-• l,· ·' / . ,- . . /,/,- . . .
SUBMIT ORIGINAL OF THIS FORM TO CAMBRIA COUNTY DRUG UNIT PRESIDENT, ATTACH COPY TO MUNICIPALITY'S COPY OF MUNICIPAL POLICE COOPERATIVE AGREEMENT FOR FILE.
1 2