HomeMy WebLinkAbout2012-07-01 ORDINANCE BEFORE THE CITY COUNCIL
OF THE CITY OF BATESVILLE, ARKANSAS
ORDINANCE NO. 2nj,` —')— )
AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERLOCAL
COOPERATIVE AGREEMENT ON LAW ENFORCEMENT, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, the City of Batesville and Independence County have entered
into an Interlocal Cooperative Agreement which sets out the rights and
obligations of each of them regarding law enforcement within the county, and
WHEREAS, the City of Batesville and Independence County are granted
the authority to enter into such Agreement under Act 430 of 1967 and Act 742 of
1977, and
WHEREAS, representatives of the City and County met on July 9, 2012
and proposed changes to the Interlocal Cooperative Agreement to be effective
beginning on January 1 , 2013 and the City Council of the City of Batesville,
Arkansas desires to incorporate those amendments into the Agreement, now;
BE IT THEREFORE ORDAINED by the Batesville City Council that the
Interlocal Cooperative Agreement on Law Enforcement as agreed to on July 9,
2012, to be dated as amended on July 9, 2012 and be effective January 1, 2013,
a copy of which is attached hereto and incorporated herein by reference as
Exhibit "A" as if set out fully word for word, is hereby adopted as amended and
shall govern the administration of law enforcement within Independence County,
Arkansas. Further, that the existing Interlocal Agreement shall remain in full force
and effect until January 1, 2013 at which time the new amended agreement shall
take effect.
i l
• This ordinance repeals any ordinances or parts of ordinances in conflict
herewith.
EMERGENCY CLAUSE: Because the orderly administration of law
enforcement in the City of Batesville and Independence County is vital for the
protection of life, liberty and property and it being necessary to protect and
preserve the health, safety and welfare of the people of the City of Batesville, an
emergency is declared to exist and this Ordinance shall be in full force and effect
from and after is passage.
PASSED AND ADOPTED this 10th day of July, 2012.
RICK ELUMBAUGH, MAYOR
ATTEST:
1S)-1y\vuJ ry�-
DENISE M. JOHNSTO$1, CITY CLERK
Orwc 61J.
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CITY OF BATESVILLE / INDEPENDENCE COUNTY
INTERLOCAL AGREEMENT
As Amended JUNE 9, 1997
As Amended MAY 8, 2001
As Amended SEPTEMBER 12, 2002
As Amended MARCH 6, 2009
As Amended July 9. 2012 to be EFFECTIVE JANUARY 1, 2013
THIS AGREEMENT, is made pursuant to Act 430 of 1967 and Act 742,
chapter 5, Section 90 of the 1977 Acts of Arkansas, by and between the County of
Independence, Arkansas, (hereinafter referred to as the County), and the City of
Batesville, Arkansas (hereinafter referred to as the City).
WITNESSETH:
(I) WHEREAS, the County and the City recognize their respective
obligations to provide for the protection of the persons and property of their citizens;
and
(II) WHEREAS, the County and the City have limited financial resources
with which to provide for such protection; and
(III) WHEREAS, the County and the City desire to maximize revenues and
the benefits the citizens derive therefrom, and to comply with the mandate of
Amendment 10 of the constitution for the State of Arkansas; and
(IV) WHEREAS, there is a need to provide increased law enforcement
services for the County and the City, such as a criminal investigation division for
processing of felony violations; and
(V) WHEREAS, the County and the City are desirous of an Interlocal
Agreement whereby the City would provide revenues to the County, which would, in
turn, use such revenues for the maintenance of a Metropolitan Branch of the Sheriff's
Office of said County, and for elimination of the duplication of finances and personnel
between the County and the City; and
(VI) WHEREAS, by entering into such Interlocal Agreement, the City and
the County would thereby be able to provide increased and better coordinated law
enforcement for their citizens, and effectuate a savings of revenue, thereby allowing
the County and the City to comply with Amendment 10 of the constitution of the State
of Arkansas; and
(VII) WHEREAS, acting completely in good faith, for the purpose of
effectuating a savings of County and City revenues, providing greater law
enforcement protection for the citizens of the County and the City, and increasing the
safety and welfare for all citizens affect hereby;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that
for and in consideration of the above premises, and for the mutual obligations hereby
created and the mutual benefits so derived, the parties agree as follows:
(A) It is the intent of the parties to create a long standing and permanent relationship
with regard to the matters discussed herein. The terms of this agreement will be two (2) years
and will be automatically renewed for successive two (2) year periods unless notice of
termination is given by either party as set out herein. The City and the County shall
coordinate their efforts to provide for greater law enforcement protection for their citizens
through the Interlocal Agreement. Either party may, by majority vote of its respective
governing body, elect to modify or terminate this agreement. In order for this agreement to be
modified, the governing bodies of both the City and the County must so indicate by a
majority vote of their respective governing bodies. If the parties shall desire to terminate this
agreement, the party or parties of desiring to withdraw shall give the other party six (6)
months written notification of their intent to withdraw. If either party wishes to terminate this
agreement, the agreement will terminate at the end of the six (6) months notice period. For a
period within which this agreement shall exist, the governing bodies may amend said
agreement as provided hereinafter in Paragraph O.
(B) In the event of the termination of this agreement, the parties shall each
receive their properties so combined hereby, whether leased, rented, purchased or
borrowed. Each party shall keep a list of assets, properly and visibly identified with
tags or markings with regard to ownership.
(C) The area defined as "Metropolitan" for purposes of this agreement shall be
defined as the area within the city limits of Batesville, Arkansas, as set out in the
current version of the City Map. It is further understood that, should the city limits of
Batesville change, the area defined as Metropolitan shall simultaneously change to
mirror the modified city limits. The Metropolitan area shall also include property
owned by the City of Batesville which lies outside the city limits. The area defined as
"County" for purposes of this agreement only shall be defined as all geographic areas
within Independence County.
• (D) The composition of the Metro Branch, as to the number of personnel and
their positions, will be approved on an annual basis by the Batesville City Council
upon the advice and recommendation of the county Sheriff. The Sheriff shall make
such recommendations to the City Council on or before the first scheduled City
Council meeting in October. The Sheriff's recommendations shall include a complete
roster of all positions within the organization, identifying each roster position by its
respective division and funding source. The Sheriff, or a representative on his behalf, shall
attend the first meeting of the Batesville City Council each month. The Sheriff or his
representative shall present an update of the ongoing developments within the
department, and he or his representative shall be available for questions from the
Council.
(E) The City shall provide sufficient revenues to the County, on a monthly
basis, whereby the salaries, health insurance, pension funds, workers compensation,
and other reasonably necessary personnel costs are funded for the personnel which
shall compose the Metropolitan Branch of the Sheriff's Office. Said persons for the
Metropolitan Branch shall be determined as set out above in Section D. Salaries paid
will be in accordance with the overall pay scale of the Sheriff's Department in such a
way that there will be no salary advantage or disadvantage for personnel of the
Metropolitan Branch. The goal of this agreement is to maintain as equal as reasonably
possible similar experience and certificate levels between the County and the
Metropolitan Divisions of the Sheriff's Office.
(F) The City shall provide vehicles for the use of the Metropolitan Branch.
The purchase of new vehicles will be considered on an annual basis by the City
Council upon the advice and recommendation of the Sheriff. The Sheriff shall make
such recommendations to the City Council on or before the first scheduled City
Council meeting in October, or at such other times vehicles must be replaced because
of destruction or prohibitive costs of repair. The use of said vehicles shall be for the
Metropolitan Branch. The City shall maintain all insurance costs as presently required
by the City. In the event of damage to any vehicles, which is in excess of any
insurance coverage, or in the event that replacement of any vehicle shall become
necessary, the City shall provide all revenues necessary for the repair and maintenance
or replacement so required. The Metropolitan vehicles will be identified with a highly
visible distinctive striping and will be used in the area defined as "Metropolitan"
unless an emergency or unusual circumstances will require their use away from the
City, subject to the provisions of paragraph (K) of this agreement. The Metropolitan
vehicles shall not be used for any private purpose.
(G) The City shall give the Sheriff's Department the right to obtain gasoline at
the City yard. The County shall be responsible for all fuel charges associated with the
County vehicles. Said fuel charges shall be determined by the current fuel price and
shall be paid monthly. Metropolitan vehicles shall obtain gasoline at the City yard at
the City's expense.
(H) The City shall operate a radio dispatching service, which shall provide
radio communication for law enforcement and fire vehicles, both City and County
wide. The County shall pay all bills associated with the 911 system with the revenues
�r derived from the system. Any and all revenues derived from the operation of the 911
System in excess of the costs of operations, hereinafter referred to as "911 surplus",
(except for those placed in a Capital Improvement fund described below) shall be paid
to the City as reimbursement for the County's share of the cost of dispatching
services. Notwithstanding the amount of any such 911 surplus, in no event will the
County's contribution to the City be less than Seventy Thousand Dollars ($70,000.00)
annually. In the event the 911 surplus is over $70,000.00 the County shall place up to
$2,000.00 annually in a Capital Improvement fund for the purpose of replacing or
upgrading 911 equipment, provided, however, if the amount of the 911 surplus is less
than $72,000.00, the County shall only place the amount over $70,000.00 in said
Capital Improvement fund. If the amount of the 911 surplus is more than $72,000.00,
the County shall pay to the City not only the aforementioned $70,000.00 but, also any
amounts of the 911 surplus over $72,000.00 up to one-half ('h) of the costs of
dispatching.
The City Clerk shall submit a bill to the County by March 10 of each year
requesting the 911 surplus from the previous year over $72,000.00 plus 1/4 of
$70,000.00 ($17,500.00). The County shall pay the requested amount on or before
March 31. Thereafter, the City Clerk shall send the County a bill on June 10,
September 10, and December 10, requesting 1/4 of $70,000.00 ($17,500.00) per bill.
The County shall in turn pay the City on or before June 30, September 30, and
December 31 respectively for the requested amounts.
CNotwithstanding anything herein to the contrary, all interest earned from 911
revenues shall be retained by the County.
The composition of the Dispatching Department as to the number of personnel
and their positions will be approved annually by the Batesville City Council upon
advice and recommendation of the Mayor. Any additional personnel needed within
the Dispatching Department shall be approved by the City Council.
(I) The personnel constituting the Metropolitan Branch shall be under the
direction, supervision, authority and control of the Sheriff of Independence County,
Arkansas. The City shall, upon acceptance of this agreement, provide the funds and
ordinances necessary to accomplish this agreement. In a like manner, the County,
upon acceptance of this agreement, shall take all steps necessary for providing the
funds and ordinances necessary for the enactment and enforcement of this agreement.
Each party agrees to act in the utmost good faith and to take all steps necessary for
the enforcement of the provisions and agreements contained herein.
(J) The revenues as presently derived from District Court fines shall continue
to be divided between the City and the County according to the location of the
offense, and the City Attorney and the County Prosecutor shall continue to cause the
offenses to be prosecuted in the same manner as was the case before this agreement.
For example, should a misdemeanor citation be issued inside the corporate limits of
the City, the City would retain all fines collected as a result thereof. The County in a
( like manner would retain all district court fines which resulted from arrests or citations
within the County, but outside of the City limits.
(K) The Sheriff is authorized to use any Metropolitan branch employee
designated by the roster as a member of the Criminal Investigation Division as the
Sheriff deems necessary for the purpose of investigating alleged criminal offenses
which may occur in either the County or the area defined as Metropolitan. Further,
recognizing that shift supervisors listed on both the County and Metropolitan branch
rosters supervise both County and Metropolitan employees, said shift supervisors may
be utilized to perform duties in both the County and the Metropolitan areas.
Metropolitan employees who are designated as shift supervisors or members of the
Criminal Investigation Division are authorized to use Metropolitan vehicles outside
the area defined as Metropolitan.
The remainder of the personnel serving the Metropolitan Branch, as approved
each year per the terms of paragraph (D) of this agreement shall normally be
scheduled to only work shifts within the Metropolitan area. If however, on an
infrequent basis, the need arises for Metropolitan personnel to work a shift(s) outside
of the Metropolitan area in order to provide adequate police protection for the citizens
of Independence County, the Sheriff shall keep a record of such occurrences. A report
of such occurrences shall be made to the Quorum Court and the City Council on or
before October 1 of each year for the previous twelve month period. Any substantial
use of Metropolitan personnel to work shifts outside the Metropolitan area may result
in the reduction of funds provided to the County by the City. Further, both parties
Lagree that each will notify the other, in a timely manner, of any intent or action to
reduce or eliminate the funding for any positions currently funded.
Metropolitan personnel may be dispatched outside the Metropolitan area in the
event of an emergency. The City's Dispatch Supervisor shall compile a report at the
end of each month reflecting each instance when Metropolitan personnel or vehicles
were dispatched outside the Metropolitan area and shall distribute said report to the
Sheriff, the Quorum Court and the City Council by the seventh (7th) day of each
month.
(L) There shall be a Board created by the City and the County for the purpose
of effectuating this Agreement and coordinating the efforts necessary for carrying out
this Agreement. This Board shall consist of the Sheriff of the County, the Mayor of
the City, the County Judge, two (2) members of the City Council of the City of
Batesville appointed by the Mayor and approved by the City Council and two (2)
members of the Quorum Court of Independence County, appointed by the County
Judge and approved by the Quorum Court. The sole purpose of the Board shall be to
carry out the purposes of the Agreement and to coordinate the efforts of the parties
that may arise from time to time.
(M) The Interlocal Board shall meet twice a year on the third Tuesday of
March and on the second Thursday of September, the September meeting being the
annual meeting. Special meetings may be called as the need arises by the Mayor, the
Sheriff, the County Judge or any member of the Interlocal Board. The County Clerk
and City Clerk shall attend the annual meeting for the purpose of keeping minutes.
• They shall provide copies of the minutes to the City Council and Quorum Court. At
the annual meeting, the County Clerk shall give a report regarding the Sheriff's Office
• personnel as to the number, salary and position of said employees. The Clerk shall
also provide a current list of all County and Metropolitan vehicles with their
respective VIN #'s, year models, and mileage. The City Clerk shall give a report
regarding Dispatching personnel as to the number, salary and position of said
employees. The County Clerk and City Clerk shall attend regular meetings and any
special meetings on a rotation basis.
(N) The Interlocal Board shall in no way be constructed to be a Civil Service
Commission or Grievance Committee and shall only serve for the effectuation and
coordination of this Agreement.
(0) This Agreement may be amended at any time by the majority vote of both
parties. The party desiring to amend this agreement shall draft their proposed
amendment and, after passage by their governing body, submit the proposed
amendment to the other party, whereupon said party's governing body shall vote upon
said proposed amendment. Should the amendment be accepted by a majority of both
parties, it will thereafter become a part and parcel of this Agreement. Should either
party fail to approve a proposed amendment, it will have no force or effect.
(P) The various provisions and parts of this agreement are hereby declared to
be severable and if any section of part of a section, provision or part of a provision
herein, is such holding shall not invalidate or effect the remainder of this Agreement.
(Q) This Agreement supersedes all previous agreement and amendments
thereto that relate to the Interlocal Agreement of Law Enforcement.
IN WITNESS HERETO, Independence County, Arkansas, and the City of
I
Batesville, Arkansas, have executed this document by their duly elected officers who
are authorized to represent the respective parties hereto in assuring the rights and
obligations set forth herein this day of Z:cel %A , 2012.
FOR INDEPENDENCE COUNTY, ARKANSAS
ATTEST: �J0-b-` O BY:
COLNTYdLERK COUNTY JOGE
P � uz-•
FOR THE CITY OF BATESVILLE, ARKANSAS
ATTEST: BY: /Zn
CIT MAYOR
SHERIFF'S RATIFICATION
I, Steve Jeffery, the duly elected Sheriff of Independence County, Arkansas do
hereby signify that I ratify and approve the above and foregoing agreement and pledge
to use all efforts to effectuate and carry out same, to the best of my ability.
BY: J"4�''��
STEVE JEOERW, S RIFF