HomeMy WebLinkAbout4705-18 Interlocal Agreement between the City of South Bend and St. Joseph County Metro Units. RESOLUTION
No. 4705-18
Passed by the Common Council of the City of South Bend, Indiana
April 9, 2018
Attest: City Clerk
Attest, President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
2018_.
City Clerk
Approved and signed by me f'� � 1` 203—
MW
BILL NO. 18-12
RESOLUTION NO. 4705-18
A RESOLUTION OF
THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA
APPROVING AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF SOUTH BEND,INDIANA,AND ST. JOSEPH COUNTY,INDIANA,
FOR THE MUTUAL OPERATION OF SPECIAL LAW ENFORCEMENT UNITS
KNOWN AS METRO UNITS
ADDRESSING CRIMES OF SPECIAL GRAVITY IN ST. JOSEPH COUNTY
WHEREAS, the City of South Bend, Indiana, through the South Bend Police Department
("SBPD") has a history of cooperating with the St. Joseph County Prosecutor in the investigation
and prosecution of crime within the City of South Bend; and
WHEREAS, St. Joseph County, Indiana, has created three special units that conduct
criminal investigations of certain crimes deemed to have high impact upon the safety and welfare
of citizens of St. Joseph County, Indiana, and which further provide services to victims of certain
crimes. These are the St. Joseph County Metro Homicide Unit("CMHU");the St. Joseph County
Special Victims Unit (SVU); and the St. Joseph County Drug Investigation Unit (DIU),
collectively known as the "Metro Units"; and
WHEREAS,the CMHU presently combines the expertise of highly skilled and trained law
enforcement officers from the St. Joseph County Police Department, the SBPD, the Mishawaka
Police Department and the Notre Dame Security Police Department, as well as the technical and
support services of Indiana University South Bend, to among other things investigate, gather and
report data, and share information with the SBPD concerning crimes involving death or deadly
force and other connected crimes. The SVU conducts criminal investigations and provides
services to victims of domestic violence, child abuse and sexual assault in St. Joseph County, and
the DIU investigates and prosecutes drug related crimes within St. Joseph County particularly
those involving overdose deaths, and armed drug traffickers.
WHEREAS, Indiana Code 36-1-7,the Interlocal Cooperation Act, authorizes one or more
governmental entities to exercise,jointly or by one entity on behalf of others,powers that may be
exercised by such units severally; and
WHEREAS, pursuant to IC 36-1-7, the City will cooperatively assist the Metro Units
operation by providing South Bend Police Department officers to serve as Investigators, by
providing each of these Investigators with a vehicle -and requisite equipment, and by providing
funds to pay for the cost and expenses of three additional Investigators of approximately$103,000
per officer annually, for an annual total of about $308,500. The Prosecutor of St. Joseph County
will provide for the facilities needed for the Metro Unit operations subject to a separate cost sharing
arrangement with the City, and the cost of the Metro Unit command staff, among other things; and
WHEREAS, The City of South Bend and St. Joseph County, Indiana, have entered into an
Interlocal Agreement, a copy of which is attached hereto and incorporated herein as Exhibit A,
containing all the governing provisions for South Bend's participation in the cooperative Metro
Units crime investigation and service program; and
WHEREAS, sufficient funds exist within the City's 2018 Budget to cover the City's costs
of participation in the cooperative Metro Units crime investigation and service program during
calendar year 2018.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. The Common Council of the City of South Bend, Indiana, has considered
and hereby ratifies, confirms, and approves the Interlocal Agreement attached as Exhibit A to this
Resolution, governing the City of South Bend Police Department's participation in the Metro Unit
crime investigation and service program in St. Joseph County, Indiana.
Section II. This Resolution shall be given retroactive effect as of January 1,2018 from
and after its adoption by the Common Council and approval by the Mayor.
Tim Scott, Coun nt
South Bend Common Council
Filed in Clerk's Office
`� ApPRO MAR 212018
-' f/q f/b KAREEM LER
CITY CLERK,SOUTH BEND,IN
1200 COUNTY-CITY BUILDING SOUTgB PHONE 574/235-9241
227 W.JEFFERSON BOULEVARD o� �'�d FAX 574/235-7670
SOUTH BEND,INDIANA 46601-1830 ry TTY 574/235-5567
U . P C
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1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE ALADEAN M.DEROSE
CORPORATION COUNSEL CITY ATTORNEY
March 21 2018 _ _---
' Filed in Clerk's Office
Mx.Tun Scott,President
MAR 2 2 201
South Bend Common Council KAREEN 6�� �
227 West Jefferson Blvd., 4'Floor LCITY CLERK;SOUTH READ,IN
South Bend,IN 46601
Re: Resolution Approving Interlocal Agreement
For Law Enforcement Special Units
Dear Council President Scott:
Attached for filing with the South Bend Common Council is a Resolution to approve an
Interlocal Agreement between the City of South Bend and the St. Joseph County Prosecutor
concerning the mutual operation of special law enforcement units known as Metro Units (the
Agreement).This Resolution grows out of a history of City Police Department cooperation with the
St.Joseph County Prosecutor for crimes of particular high impact on the safety and welfare of City
citizens.
The Metro Units covered by the Interlocal Agreement are the St. Joseph County Metro
Homicide Unit("CMHU"),the St.Joseph County Special Victims Unit("SVU"),and the St.Joseph
County Drug Investigation Unit ("DIU").
By this Agreement the City will cooperatively assist the Metro Units'operation by providing
South Bend Police Department officers to serve as investigators,and additionally by providing funds
for the cost and expenses of three additional investigators at approximately$103,000 annually per
officer, or about$308,500 in total. Sufficient funds exist within the City's 2018 Budget to cover this
service program.
ELLIOT A.ANDERSON ASHLEY MILLS COLBORN CLARA MCDANIELS
THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS
Mr.Tim Scott,President
March 21,2018
Page 2
Placement of this Resolution on the Council's agenda for its meeting on March 26,2018 is
requested. At this time we believe the presenter of this Resolution will be a member of the City
Legal Department.
Thank you for your consideration.
Sincerely,
. 2
Aladean DeRose
City Attorney
ST. JOSEPH COUNTY METRO UNITS INTERLOCAL AGREEMENT
This St. Joseph Cou t Metro Units Interlocal Agreement (this "Agreement") is entered
into on lk"-- (5 2018, by and between the Board of Commissioners of St.
Joseph County, Indiana(the "County") and the City of South Bend, Indiana(the"City")
(collectively,the "parties") as it relates to the South Bend Police Department's (the "SBPD")
participation in the St. Joseph County Metro Homicide Unit("CMHU"), the St. Joseph County
Special Victims Unit (the "SVU"), and the St. Joseph County Drug Investigation Unit (the
"DIU") (collectively,the "Metro Units").
RECITALS
A. The SBPD is a public safety and law enforcement unit supervised by the Chief of
Police (the"Chief') and operating within the City in St. Joseph County, Indiana, in accordance
with its legal authority and jurisdiction; and
B. The St. Joseph County Prosecutor's Office is tasked with prosecuting individuals
who are charged with committing crimes within the County of State Joseph, Indiana supervised
by the Prosecuting Attorney (the "Prosecutor"); and
C. The parties desire to continue past and ongoing efforts to cooperate and coordinate
their functions and expertise and agree that the terms, conditions, and operations provided for in
this Agreement will be in the best interest of their respective communities; and
D. The parties are governmental entities and political subdivisions organized and
existing pursuant to the laws of the State of Indiana; and
E. Indiana Code 36-1-7, the Interlocal Cooperation Act, authorizes one or more
governmental entities to exercise,jointly or by one entity on behalf of others,powers that may be
exercised by such units severally; and
F. The parties agree that it is desirable, advantageous, and in the public interest to
enter into an Agreement for joint and cooperative action as embodied herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, and pursuant to the authority granted the parties under Ind. Code 36-1-7, the
County and the City agree as follows:
Article I. Statutory Authorily, Purpose and Duration of Agreement, Unit Missions:
Physical Locations
Section 1.01 Authority. The parties make this Agreement under the authority and subject
to the terms and provisions of the Interlocal Cooperation Act, Ind. Code 36-1-7 (the "Act"). The
parties agree that, upon its full approval by the City and the County( Y(,-s l e
bodies),this Agreement will satisfy each requirement of Section 4(a)o th Abt;Nei in it
the necessity of approval by the Indiana Attorney General.
MAR 21201
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
Page 1
Section 1.02. Purpose. Pursuant to Section 3(a)(2) of the Act, the parties agree that the
purpose of this agreement is to define the mutual responsibilities of the parties concerning the
functions and management of the Metro Units.
Section 1.03. Duration. Pursuant to Section 3(a)(1) of the Act, the parties agree that
this Agreement shall become effective January 1, 2018, and will continue until it is terminated
in writing by the parties.
Section 1.04. Termination. Pursuant to Section 3(a)(4) of the Act, the parties may, at
any time, mutually agree in writing to terminate the Agreement. Before June 1 of any year, a
party may unilaterally terminate the Agreement for the following year by providing written
notice that the Agreement will not continue beyond December 31 of that year. Within sixty
(60) days, or a reasonable time mutually agreed upon, following the parties' termination of
this Agreement, each Metro Unit will return all of the SBPD's property and assets to the SBPD
in good working order and condition, ordinary wear and tear excepted.
Section 1.05. Unit Missions and Objectives. The parties mutually acknowledge that
the Metro Units have and pursue the following missions and objectives, respectively:
(a) The CMHU's mission is to promote community welfare and lessen the
burdens on government policing authorities by facilitating the expertise of highly skilled,well-
trained law enforcement officers from the SBPD,the St. Joseph County Police Department,the
Mishawaka Police Department, and the Notre Dame Security Police Department, coupled with the
technical and support services of Indiana University South Bend,to focus on solving past and
future crimes of special gravity within St. Joseph County. The initial primary objectives of the
CMHU are as follows:
(i) ensure that all scenes of a suspicious,unusual or unnatural death are
properly investigated;
(ii) investigate incidents in which deadly force was employed by or against
a law enforcement officer;
(iii) investigate other criminal offenses where jurisdiction is invoked by the
Commander and by agreement with the Chief Law Enforcement Officer
from that jurisdiction
(iv)gather and report data relating to homicides in St. Joseph County; and
(iii), share information between the CMHU and the SBPD to aid in the
investigation of other connected crimes with consideration given to the
confidential nature of CMHU investigations.
(b) The SVU is responsible for conducting criminal investigations in all cases of
domestic violence, child abuse, and sexual assault within St. Joseph County as set forth in
Appendix 1.The objective of the SVU shall be to provide professional, compassionate, and
competent assistance to victims and their families by specializing in the investigation of these
classifications of cases and providing additional victim services when needed and appropriate.
(c) The DIU is responsible for the investigation and prosecution of specific
drug-related crimes in St. Joseph County. The initial primary objective of the DIU is to
investigate overdose deaths within St. Joseph County. Secondary objectives include
investigating armed drug traffickers within St. Joseph County.
Page 2
Section 1.06. Physical Locations. The Metro Units are located at the following addresses,
respectively:
(a) The CMHU is located at 523 East Jefferson Boulevard, South Bend, Indiana
46617.
(b) The SVU is located at 533 N. Niles Avenue, South Bend, Indiana 46617.
(c) The DIU is located at 523 East Jefferson Boulevard, South Bend, Indiana
46617.
Article II. Administration
Section 2.01. Joint Board. Pursuant to Section 3(a) (5) (b),the Parties agree that this
Agreement shall be administered through a joint board consisting of six (6)members (the "Joint
Board")who shall be:
a. The Prosecuting Attorney of St. Joseph County, Indiana;
b. The Sheriff of St. Joseph County, Indiana;
c. The Chief of Police of South Bend, Indiana;
d. The Chief of Police of Mishawaka, Indiana;
e. The Chief of Police of Notre Dame Security Police Department;
f. The Chief of Police of Indiana University Police Department; and
g. A civilian member to be appointed by a majority vote of the second in
command for the agencies represented by the joint board. Elections for
this member shall take place every two (2)years.
The Joint Board shall meet bi-monthly on the first Friday following the first Thursday of the
month in the Office of the Prosecuting Attorney at 9:30 a.m., or as otherwise mutually agreed and
shall be chaired by the Prosecuting Attorney.
Article III. South Bend Police Metro Units Personnel AssiLynments
Section 3.01. Assignment Authority. In furtherance of the Units' missions and
objectives,the parties acknowledge and agree that the Chief, in his sole discretion, will have the
authority to assign SBPD officers to the Metro Units.
Section 3.02. Applications for Assignment. Any SBPD officer interested in assignment
to a Metro Unit will be required to comply with all posting,application,and interview requirements
of the SBPD, including, without limitation,the following procedure:
(a) The SBPD will require officers interested in being assigned to a Metro Unit to
complete an interview with an interview committee as part of the application process. The Human
Resources Department and the Office of Risk Management will screen applicants for qualifications
prior to the interview. Officers not meeting all SBPD or City requirements will not be granted an
interview and will not proceed further in the application process. Whenever possible,the interview
Page 3
committee will include the relevant Metro Unit commander and/or assistant commander, the
Prosecutor or his designee,one(1) SBPD officer who was formerly assigned to the relevant Metro
Unit, one (1) member of the SBPD command staff, and a member of the South Bend Human
Resources Department. Interview committee members must remain consistent for the entire round
of interviews. The interview committee will score and rank the applicants based on the interview
portion of the application.
(b) After the interview committee has completed all interviews and have scored
and ranked all of the interviewees,the interview committee will submit the names of the top three
(3)to five(5)applicants to the Chief of the SBPD. The Chief,based on SBPD needs and resources,
will give the names of the top three (3)to five (5) candidates to the Prosecutor. The Prosecutor
shall then, from those three (3)to five (5) candidates select the candidate(s) to be assigned to the
open position(s) in the relevant Metro Unit. If the Prosecutor determines that none of those
candidates qualify for the open position,he/she may end the hiring process at that time. Within
ninety (90) days, the Prosecutor may ask for the hiring process to be re-started. The City will
have forty-five (45) days from the date of notice by the Prosecutor to restart the hiring process.
(c) Any interview recordings, or papers/forms used for scoring, ranking, or
evaluating applicants shall remain confidential. The City may disclose them as required by law,
in defense of any claim or complaint, or in the course of any legal proceeding.
Section 3.03. Officer Expectations. The parties expect all SBPD officers assigned to a
Metro Unit to strive to act in a professional manner in order to inspire the public trust and
confidence. All officers are public servants and shall keep all contacts with the public
professional and courteous. All officers have a responsibility to the community,to the SBPD, and
to themselves. Additionally, all officers are expected and required to comply with all policies,
procedures,orders, chain of command, and rank structure of the SBPD.Nothing in this
Agreement shall be construed as a waiver of the policies,procedures, orders, chain of command,
and rank structure of the SBPD.
Section 3.04. Term of Assignment. Officers assigned to a Metro Unit are limited to a
three(3)year term,with continual assignment assessments/performance reviews completed by
the officer's supervisors within the SBPD. The SBPD supervisors may ask for input from the
Metro Unit commander for assessments and/or performance reviews. At his/her sole discretion,
the Chief may extend an officer's assignment to the Metro Unit for no more than one(1)year,
making it a potential maximum of four(4)years. However, interested officers may re-apply and
repeat the entire application process if they would like to be considered for re-assignment to a
Metro Unit.
Section 3.05. Complaints. Complaints or administrative advisories regarding SBPD
officers assigned to a Metro Unit may originate from the Metro Unit or elsewhere. If a complaint
or administrative advisory originates from the Metro Unit, it shall be directed to the SBPD Office
of Professional Standards (the"SBPD OPS"). The SBPD shall proceed with the investigation and
recommendation to the Chief of the SBPD for discipline or corrective action.
Section 3.06. Officer Removal. Upon no less than thirty (30) days' written notice to
the commander of the affected Metro Unit, the Chief, in his sole discretion, may remove from
any Metro Unit any officer appointed to serve such Metro Unit. Notwithstanding the foregoing
Page 4
sentence, the parties understand that discipline or termination may require an officer's immediate
removal from the Metro Unit,and the commander of each Metro Unit will cooperate with any such
requirements. The position lost by this removal shall be filled under the requirements of Section
3.02, et.al. and shall be subject to personnel availability.
Section 3.07. Alternates. In cases of injury or medical leave, the commander of a Metro
Unit may request an alternate officer to be assigned from the SBPD as a temporary or part-time
assignment, with the SBPD bearing all expenses of the alternate officer. The SBPD's referral is
subject to the commander's acceptance. The alternate officer will be allowed to train and work
with the Metro Unit subject to any duty restrictions he or she is under.
Section 3.08. Bi-Annual Review of Needs. The SBPD agrees to review and evaluate its
personnel needs and its Metro Unit assignments on at least a bi-annual basis. The bi-annual review
should include an analysis of personnel distribution, staff needs or shortages, types of cases
handled, and efficiency of case investigation flow. The Metro Units agree to provide a monthly
statistical classification update to the SBPD for reporting to the Board of Public Safety and other
agencies as required by state and federal law.
Section 3.09 "Investigators." SBPD officers assigned to the Metro Units will be referred
to as "Investigators." Some Investigators may also function as crime scene technicians, or
other roles as the need arises. The designation of"Investigator"or any additional roles,titles, or
responsibilities within a Metro Unit does not equate to or necessitate a promotion or salary
increase from the SBPD. The day-to-day supervision and administrative control over the
Investigators, with respect to the Metro Unit investigations and prosecutions,will be the
responsibility of the Metro Unit commander and/or the assistant commander. With regard to
matters related to the Metro Unit,the Investigators will also be subject to the Metro Unit
regulations and policies including those related to tactics,investigative procedures, and
performance. In case of conflict between SBPD policies and the Metro Unit policies, SBPD
policies will supersede conflicting Metro Unit policies for all SBPD officers assigned to the
Metro Unit. Each SBPD Investigator shall remain subject to SBPD supervision and policies,
with direct supervision to be administered by the Commander or Assistant Commander of the
Metro Unit. Each SBPD Investigator shall report to the SBPD regarding matters including,but not
limited to caseload size, directions concerning policies and procedures that are given by the
Investigative Bureau of the SBPD, including matters related to standards of conduct, sexual
harassment,and equal opportunity. Failure to comply with any of the foregoing may result in the
Investigator's removal from the Metro Unit. Administrative advisories, recommendations,
commendations or complaints regarding officers assigned to Metro Units will be directed to the
SBPD in a timely manner so that the SBPD may determine what, if any, investigation is required,
and act accordingly.
Section 3.10. Overtime. The parties understand that SBPD officers assigned to the Metro
Unit may have "on-call" responsibilities and may be required to work after-hours to conduct
investigations. The Chief or his/her designee will coordinate with the Metro Unit commander to
set overtime guidelines. The Chief will review overtime usage on a monthly basis. If the Chief
sets a specific limit on the number of overtime hours which may be worked, overtime hours
surpassing that number set by the Chief will not be approved. The Chief or his/her designee will
notify the Metro Unit commander if budgetary concerns arise or there is need to reduce the
number of overtime hours previously established by the Chief.
Page 5
Section 3.11 Reports and Files. A Metro Unit supervisor must review and approve all
investigative reports, which are prepared and submitted by Metro Unit Investigators. Once
approved, all investigative reports will become a part of a numbered investigative file. The Metro
Unit Investigators may utilize their own investigative report format provided they conform to the
criteria outlined by the Metro Unit commander. All investigative reports and related documents,
civil or criminal, will be considered permanent records of the Metro Unit. The Metro Unit is
responsible for maintaining a readily accessible copy of every Metro Unit-generated investigative
report. Any public requests for access to the records or any disclosures of information obtained
by Metro Unit Investigators will be handled by the Prosecutor, in accordance with applicable
statutes,regulations,and policies pursuant to the Freedom of Information Act and the Privacy Act,
Access to Public Records Act, and other applicable State and federal statutes or regulations.
Reports properly requested by Internal Affairs or the City Legal Department will be provided by
the Metro Unit and will be protected with the same level of confidentiality the Metro Unit and
Prosecutor require. During the course of the investigation,information relating to persons
involved,locations,vehicles used and any other relevant information deemed law enforcement
actionable intelligence will be shared via the Crime Portal, CIB, e-mail, Law Enforcement
Strategy Sessions (L.E.S.S.) meeting dissemination, and in person to fellow law enforcement
officers from SBPD. Intelligence regarding the identity of confidential sources, informants,
undercover officers or any other information which could compromise safety of such person(s) or
any officer or the integrity of an investigation will be withheld when necessary. Such information
will only be released to the Chief or his designee.
Article IV. Unit-Specific Provisions
Section 4.01. CMHU-Specific Provisions. The provisions set forth in this Section 4.01
pertain to the CMHU alone. In the event of any conflict between the terms of this Section 4.01
and any other Section or provision of this Agreement, the terms of Section 4.01 will prevail.
(a) The Prosecutor will provide a commander to serve as the head of the CMHU.
The commander will report on a monthly basis to the Chief or his/her designee concerning the
status of the investigations and case assignments.
(b) The SBPD agrees to make available to its assigned CMHU Investigators any
equipment, including encrypted 800 MHz radios and batteries, ordinarily assigned for use in the
course of CMHU investigations,provided,however,that such equipment is exclusively designated
for use by SBPD officers. Any equipment donated or loaned by SBPD to CMHU is the
responsibility of the Prosecutor for maintenance, repairs, service agreements, and any injuries or
damages arising out of the CMHU's use of such equipment unless otherwise agreed to by the
parties at that time. It will be the responsibility of the CMHU to provide any other
equipment, including, but not limited to, cellular communication devices and office supplies,to
all assigned Investigators.
(c) The SBPD will assign police,preferably unmarked, vehicles to be used solely
by SBPD officers for use in the course of investigations. A limited number of spare police
vehicles are maintained at the SBPD for use when SBPD officers are having maintenance done to
Page 6
their assigned vehicles. These vehicles shall be checked out/in through the SBPD
Support/Investigative Division.
(d) SBPD will continue to cooperate with the Prosecutor to share in the costs of the
training for its officers assigned to the CMHU. Pursuant to SBPD policy, SBPD officers will be
required to submit all training requests for approval by the SBPD. Approval for such requests is at
the discretion of the Chief.
(e) Officers shall follow the time off scheduling and requesting procedures as
outlined in the Collective Bargaining Agreement with the Fraternal Order of Police and the South
Bend Police Department Duty Manual.
Section 4.02. SVU-Specific Provisions. The provisions set forth in this Section 4.02
pertain to the SVU alone. In the event of any conflict between the terms of this Section 4.02 and
any other Section or provision of this Agreement,the terms of Section 4.02 will prevail.
(a) The Prosecutor will provide the command structure for the SVU consisting of
a commander and an assistant commander. The commander or the assistant commander will
report on a monthly basis to the Chief or his/her designee concerning the status of the
investigations and case assignments. The assignment of investigations related to domestic
violence, child abuse, and sex crimes occurring in the City shall follow the general policies and
procedures set forth in the protocol attached hereto as Appendix 1.
(b) The Prosecutor agrees to provide the physical building, office supplies, and
investigative equipment necessary for the SVU's existence, subject to any cost-sharing
arrangement entered into by and between the Prosecutor and the SBPD under the terms of a
separate written agreement. The SVU shall be located in a neutral location, and it shall not be
housed in any building otherwise occupied by another law enforcement agency participating in
the SVU.
(c) The salaries and benefits of the commander, assistant commander, and all
support staff will be the responsibility of the Prosecutor. The Prosecutor will also provide the
appropriate number of deputy prosecuting attorneys and support staff within for the SVU. The
deputy prosecutors and support staff provided shall be dedicated to the prosecution of crimes.
(d) The salaries and benefits of any SBPD officer assigned to the SVU shall be
the responsibility of the SBPD.
(e) Officers assigned to the SVU shall function in a rotational "on-call" capacity,
according to their specialty of investigation, for after-hours emergency response. The overtime
cost of the "on-call"hours worked by each assigned officer shall be paid by the SBPD, regardless
of the jurisdiction in which the"call out''originated. The call out protocol is established and
included in the SVU protocol. On-call supervisors will be the first contact for on-call response
and the decision, in consultation with on-duty supervision of a jurisdiction, is their responsibility
as it relates to protocol and the incident being dealt with at the time. Officers shall follow the time
off scheduling and requesting procedures as outlined in the Collective Bargaining Agreement
with the Fraternal Order of Police and the South Bend Police Department Duty Manual.
Page 7
(g) The SVU will provide to the officers specialty equipment used in the
investigative function of their job responsibilities. This equipment shall include digital cameras,
photo supplies, recorders, computer work stations, cellular telephones, pagers, and all appropriate
office supplies necessary to conduct their investigations. The SBPD agrees to provide a vehicle,
police radio, and the basic departmental issued equipment for its personnel.
(h) Specialty training will be provided to SBPD officers assigned to the SVU to
enhance their job skills and further develop their specialty expertise. The costs of this training for
each officer shall be shared between the SBPD and the Prosecutor. Training opportunities for
individual officers within the SVU will be subject to approval by both the commander of the SVU
and the training bureau of the SBPD.
Section 4.03. DIU-Specific Provisions. The provisions set forth in this Section 4.03
pertain to the DIU alone. In the event of any conflict between the terms of this Section 4.03 and
any other Section or provision of this Agreement, the terms of Section 4.03 will prevail.
(a) The Prosecutor will provide a commander to serve as the head of the DIU for
fulfilling the obligations of the DIU under this Agreement. The commander report on a monthly
basis to the Chief or his/her designee concerning the status of the investigations and case
assignments.
(b) The SBPD will cooperate with the Prosecutor to share in the costs of
appropriate training for all SBPD officers assigned to the DIU.
(c) Officers shall follow the time off scheduling and requesting procedures as
outlined in the Collective Bargaining Agreement with the Fraternal Order of Police and the South
Bend Police Department Duty Manual.
Article V. Personnel Support
Section 5.01. Current City Participation. The Parties mutually acknowledge and agree
that, as of the Effective Date of this Agreement, a total of sixteen (16) employees of the City are
assigned to serve in the Metro Units on a full-time basis and zero (0) employees of the City are
assigned to serve in the Metro Units on a less-than-full-time basis.
Section 5.02. Temporary Reduction of City Participation. Within ninety (90) days after
the Effective Date of this Agreement,the City, acting through the Chief of the City's Police
Department,will remove from service in the Metro Units three(3) City employees,who shall be
selected by the Prosecutor. Upon the later of(a)the end of the Term of this Agreement or (b)two
(2) years after the last new employee is hired by the Prosecutor's Office under the terms of
Section 4 below, the Parties will negotiate in good faith concerning the return of three (3) City
employees to service in the Metro Units, in light of the Personnel needs of the Metro Units and,
as the City may determine in its reasonable discretion, the availability of City employees to serve
in the Metro Units at that time. For each City employee returned to a Metro Unit, one (1)person
Page 8
hired under Section 5.03 shall be released from service.
Section 5.03. Hiring by the Prosecutor's Office; Limitations. During the Term of
this Agreement,the Prosecutor's Office agrees to hire the number of full-time employees
necessary to offset the City's removal of City employees from service in the Metro Units under
Section 5.02 as mentioned above, which number will not exceed three (3). Unless specifically
approved by the Chief and City Legal,the Prosecutor's Office agrees that it will not hire:
(a) any current City employee;
(b) any former City employee who is involved, as a party or witness adverse to the City
(or the City's officers or employees), in any pending litigation, dispute, or controversy
concerning any subject matter; or
(c) any former City employee,unless his or her employment by the City terminated at
least two (2) years prior to the proposed date of hiring by the Prosecutor's Office and he
or she has waived in writing any and all past and future claims against the City(and the
City's officers and employees).
Any person hired by the Prosecutor's Office in accordance with this Agreement will be an
employee of the Prosecutor's Office and not an employee of the City. Notwithstanding the
payments contemplated in Section 5.04 below,the County (through the Prosecutor's Office)will
directly bear all costs and expenses of hiring and employing its new employees.
Section 5.04. City Payments; Maximum Liability Upon the decision to hire a new
investigator by the Prosecutor's Office under Section 4 above, the Prosecutor's Office will notify
the City of the name, salary, length of the service contract and provisions for paid time off for
vacation, sick and personal days of the prospective employee in writing. After receiving such
notice from the Prosecutor's Office,the City will have up to twenty-one (2 1) days in which to
ensure that the new employee qualifies under Section 5.03. In the event the City determines that
the Prosecutor's Office has complied with Section 5.03,then within thirty (30) days after such
determination the City will submit to the Prosecutor's Office a check payable to the St. Joseph
County Treasurer in the amount as shown in Appendix II which is equal to the expected
annual salary expense for the prospective employee, and transfer to the Prosecutor's Office
ownership of one (1) unmarked vehicle for the use by that investigator.
In light of the salary limitations stated in Appendix II, the City's payments for each investigator
hired under this Agreement will not exceed the total annual salaries of the investigators as stated at
Appendix II. The Parties mutually agree and acknowledge that any payment by the City under
Article 5 will be applied for the sole purpose of offsetting the costs and expenses of new employees
hired in accordance with Section 4 above,which costs and expenses will at all times remain the
responsibility of the County through the Prosecutor's Office. The parties also agree that except for
compliance with Section 3 the decision to employ or not employ any applicant is within the sole
discretion of the Prosecuting Attorney.
Each year on the anniversary date of the hire of each investigator the County shall prepare and
Page 9
provide to the Chief or his/her designee a statement detailing the expenses expended under this
agreement for that investigators. Notwithstanding any provision to the contrary, in the event the
employment of a new investigator hired by the Prosecutor's Office ceases for any reason,then the
Prosecutor's Office will prepare the statement for the period since the last anniversary date and pay
back to the City the unpaid portion of the expected annual salary, including any overtime
compensation.
If the Prosecutor decides to continue the employment of an investigator for a new term then it shall
notify the Chief or his/her designee of this intent.
Section 5.05. Additional Personnel Option. During the duration of this
Agreement,the parties, by agreement,may remove from service one (1) additional officer from
the Metro Units for return to the SBPD. If this option is utilized,the Prosecutor is authorized to
hire one (1) additional officer utilizing the hiring process established in Section 3. Upon the
decision to hire a new investigator by the Prosecutor's Office and providing notice to the City,the
City will have up to twenty-one (2 1) days in which to ensure that the new employee qualifies
under Section 5.03. In the event the City determines that the Prosecutor's Office has complied
with Section 5.03,then within thirty(30) days after such determination the City will submit to the
Prosecutor's Office a check payable to the St. Joseph County Treasurer in the amount of$92,000
and transfer to the Prosecutor's Office ownership of one (1)unmarked vehicle for the use by that
investigator. The other stipulations and requirements listed in Article V apply to the hiring of an
additional Metro Unit officer under this section.
Section 5.06. Equipment Reimbursement. Upon the hiring of an officer under Article 5,
the Prosecutor may secure the purchase of a police handgun, a protective vest, and a computer
device for each officer hired as outlined in Appendix II. After that purchase,the Prosecutor will
have thirty (30) days to submit to the City a request for reimbursement of the costs associated with
the equipment purchase, complete with an itemized receipt(s). Upon receiving a request for
reimbursement, the City will have thirty (30) days to submit to the Prosecutor's Office a check
payable to the St. Joseph County Treasure in the amount shown on the itemized receipt(s) up to
$2,750.00 per officer hired.
Section 5.07. Subject to Appropriations. Notwithstanding any provision to the
contrary,the City's payments required under this Agreement are subject to the appropriation of
sufficient funds in accordance with I.C. 6-1.1-18.
Section 5.08. No Third-Party Beneficiaries. The Parties expressly disclaim the
existence of any third-party beneficiaries of this Agreement. Nothing in this Agreement, express
or implied, is intended or will be construed to confer upon any person or entity, other than the
Parties hereto and their respective successors or assigns, any remedy or claim under or by reason
of this Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or
otherwise, and all of the terms,covenants, and conditions hereof will be for the sole and exclusive
benefit of the Parties.
Section 5.09. Relationship. Nothing in this Agreement will be construed to create an
agency or joint-venture relationship between the City and the Prosecutor's Office, and no
Page 10
employee of the Prosecutor's Office,including any new employee solicited or hired in accordance
with Section 4 above,will be deemed an employee of the City.
Section 5.10. Indemnification. The Prosecutor's Office agrees to defend,indemnify,and
hold harmless the City(and the City's officers and employees)from and against any and all claims
of any nature which arise from the performance by the Prosecutor's Office under this Agreement
and from all costs and attorney fees in connection therewith, except for claims arising out of the
negligence of the City(or the City's officers or employees). The obligations of the Prosecutor's
Office under this Section 10 will survive the expiration or termination of this Agreement.
Article VI. Storage Transportation and Destruction of Evidence
Section 6.01. Storage. The SBPD agrees to store all drugs, firearms, currency, and other
evidence taken through a Metro Unit investigation originating within its jurisdictional area in
accordance with SBPD's guidelines for the handling of evidence and property.
Section 6.02. NIBIN. All firearm evidence taken in connection with a Metro Unit
investigation within the corporate boundaries of the City shall be submitted to the SBPD Crime
Laboratory for National Integrated Ballistics Information Network(NIBIN) examination.
Section 6.03. Transportation. Metro Unit officers or investigators will be responsible for
transporting to court proceedings all evidence collected in connection with a Metro Unit
investigation, as requested by the deputy prosecuting attorney assigned to an associated
prosecution. The same Metro Unit officers or investigators will also be responsible for collecting
such evidence at the conclusion of the court proceeding, as directed by the court or the deputy
prosecuting attorney.
Section 6.04. Destruction. The SBPD will be responsible for the authorized and timely
destruction of any evidence(including drug evidence and firearm evidence) once authorized by
the Prosecutor or a court order collected in connection with a Metro Unit investigation or
prosecution that was seized within the jurisdictional area of the SBPD, according to State and
federal law and the SBPD's own policies and procedures.
Article VII. Media
Section 7.01. Media Relations. All media relations with respect to a Metro Unit
investigation or prosecution will be handled by the Metro Unit's commander or a designee of the
commander. Information for press releases will be reviewed and disseminated by the Prosecutor.
No SBPD officer will give a statement to the media concerning any ongoing investigation or
prosecution without the concurrence of the Metro Unit's commander,the Prosecutor, and the
Chief.
Article VIII. Unit Conflict Resolution
Section 8.01. Conflict Resolution. In the event any matter not addressed by the terms of
this Agreement or any dispute between the parties concerning the scope or meaning of the terms
of this Agreement arises,the commander of the Metro Unit in question will cooperate in good
faith to confer with the Chief(or the Chief's designee(s))to mutually determine (a)the proper
manner in which to handle the matter or dispute that has arisen and (b) whether an amendment
Page 11
modifying the terms of this Agreement is appropriate to memorialize the mutual determination,to
avoid future disputes, or otherwise to clarify the parties' practices and expectations.
Article IX. General Provisions
Section 9.01. Amendments. This Agreement may be amended, modified, or
supplemented at any time by a written instrument signed by an authorized representative of each
party. The failure of any party to enforce at any time any provision of this Agreement shall not be
construed as a waiver of such provision,nor in any way to affect the validity of this Agreement or
any part hereof or the right of such party thereafter to enforce each and every such provision.No
waiver of any breach of this Agreement shall be held to constitute a waiver of any other or
subsequent breach.
Section 9.02. Assignment. No Party may assign this Agreement or any of its rights,
interests, obligations, or duties hereunder, whether by operation of law or otherwise,without the
express written consent of the other Party.
Section 9.02. Severability. Should any part of this Agreement be determined by a court
of competent jurisdiction to be invalid, illegal, or against public policy, said offending section
shall be void and of no effect, and shall not render any other section herein, nor this Agreement as
a whole, invalid. Those rights, interests, obligations, and duties hereunder, which by their nature
should survive, shall remain in effect after termination, suspension, or expiration hereof.
Section 9.03. Non-Discrimination. Pursuant to Ind. Code § 22-9-1-10,neither the City,
the County, nor any of their contractors or subcontractors shall discriminate against any employee
or applicant for employment,to be employed in the performance of any work under this
Agreement with respect to hire,tenure,terms, conditions, or privileges of employment, or any
matter directly or indirectly related to employment,because of race, color,religion, sex,
disability,national origin, or ancestry. Breach of this covenant may be regarded as a material
breach of this Agreement.
Section 9.04. Counterparts. This Agreement may be executed in counterparts, each of
which when executed shall be deemed to be an original, and such counterparts,together, shall
constitute but one and the same Agreement.
Section 9.05. Governing Law and Jurisdiction. This Agreement shall be governed by the
laws of the State of Indiana, and any dispute relating to the subject of or arising out of this
Agreement shall be subject to the sole and exclusive jurisdiction of the Circuit and Superior
Courts of St. Joseph County, Indiana.
Section 9.06. Further Assurances. The Parties agree that they will each undertake in
good faith, as permitted by law, any action and execute and deliver any document reasonably
required to carry out the intents and purposes of this Agreement.
Section 9.07. Exhibits. All exhibits described herein and attached hereto are
Page 12
incorporated into the Agreement by reference.
Section 9.08. Entire Agreement. This Agreement, as it may be amended from time to
time, encompasses the entire agreement of the Parties concerning its subject matter, and no
Page 13
i
understanding, discussion, negotiation, or agreement will be binding on the Parties unless it
is set forth herein. This Agreement supersedes and replaces all previous agreements,
memorandums of understanding, contracts, or other documents concerning the Metro Units.
All previous agreements, memorandums of understanding, contracts, or other documents
concerning the Metro Units are here forth terminated.
[Signature page follows.]
Page 14
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the date first above written.
ST. JOSEPH COUNTY,INDIANA CITY OF SOUTH BEND,INDIANA
Andrew T. Kostielney, President of the Pete Buttigieg,
Board of Commissioners
ATTEST:
AVILA
Deborah Fleming, D.M.D., Wee President of
th oar of Commissioners
CoL ;Ka emah Fowl , Ci Clerk
Dave Thomas, Member of the
Board of Commissioners
ATTEST:
i Hamann, St. Joseph Coun
Auditor
APPROVED pursuant to St. Joseph County APPROVED pursuant to South Bend
Council Resolution No. Cl. mon ou solution No.
Raf el rton, P sident of e Tim Scott, President of the South Bend
St. Jos h County Counci Common Council
Filed in Clerk's Office
MAR 21 2018
WREEMi�HRi°0WLER
CITY CLERK,SOUTH BEND,IN
Page 15
APPENDIX 1
This investigative report shall include all investigative facts of the case and current case
disposition/closure. Case evidence shall be preserved and stored within the law enforcement
agency's property room where the incident occurred. No evidence will be permanently stored or
housed in the building of the Special Victim's Unit.
Domestic violence criminal offenses handled by the Special Victims Unit should be those
incidents that involve a violent act or behavior, physical assault and/or injury between intimate
relationship partners as defined above, with the primary focus being "violence against women."
1. FAMILY OR HOUSEHOLD MEMBER DEFINED
For purposes of investigation, the SVU shall investigate certain crimes involving "family or
household member" as defined by IC 31-9-2-44 .5, when the following relationships occur:
a. When the perpetrator is a current or former spouse of the other person;
b. When the perpetrator is dating or has dated the other person within the past year;
C. When the perpetrator is engaged or was engaged in a sexual relationship with the other
person within the past year; or
d. When the perpetrator has a child in common with the other person.
2. CASE RESPONSIBILITIES OF THE ST. JOSEPH COUNTY SPECIAL VICTIMS UNIT:
a. The St. Joseph County Special Victim Unit shall accept and investigate all incidents involving:
1) Domestic Violence under IC 35-42-2-1.3,
2) Rape under IC 35-42-4-1,
3) Child Molesting under IC 35-42-4-3,
4) Vicarious Sexual Gratification under IC 35-42-4-5,
5) Child Seduction under IC 35-42-4-7,
6) Sexual Battery under IC 35-42-4-8,
7) Sexual Misconduct with a Minor under IC 35-42-4-13,
8) Inappropriate Communication with a Child under IC 35-42-4-13,
9) Incest under IC 35-46-1-3,
10) Neglect of a Dependent under IC 35-46-1-4, and
11) Battery to a Child by a Parent, Step-Parent, Guardian, or Caretaker under IC 35-4
b. The Special Victims Unit will investigate "crime[s] involving domestic or family violence" (as
defined herein)when the incident fits into at least one of the following:
1) A battery offense under IC 35-42 2,
2) Kidnapping or confinement under IC 35-42-3,
3) A sex offense under IC 3 5-42-4,
4) Intimidation under IC 35-45-2,
5) Stalking under IC 35-45-10, and/or
Page A-16
6) An offense against the family under
a) 35-46-1-2...........................................................................................................Bigamy
b) 35-46-1-3..............................................................................................................Incest
c) 35-46-1-4...................................................................................Neglect, Child Selling
d) 35-46-1-4.1..................................................................................Reckless Supervision
e) 35-46-1-5..................................................................................Non-Support of a Child
f) 35-46-1-6..............................................................................Non-Support of a Spouse
g) 35-46-1-7...............................................................................Non-Support of a Parent
h) 35-46-1-8.........................................................Contributing to Delinquency of Minor
i) 35-46-1-12.......................................Exploitation of Dependent or Endangered Adult
j) 35-46-1-15.1...................................................................................Invasion of Privacy
c. The SVU will not accept for investigations the following cases:
1) Harassing or anonymous telephone calls,text messages, or social media postings,unless
there exists an active,ongoing investigation of a domestic violence case(s), an open,
charged case waiting adjudication with the same individuals involved, or a recent
(one year) documented incident of domestic violence),will not be investigated by the
Unit
2) Property crime cases that do not involve domestic violence (e.g. burglary, theft, criminal
mischief, etc.);
3) Intimidation or verbal threat cases that do not involve domestic violence,;
4) Ungovernable or incorrigible juvenile cases;
5) Battery or property damage cases between a present or former intimate partner and a third
ply;
6) Fighting between siblings;
7) APS cases that do not involve domestic violence;
8) Public indecency under IC 35-45-4; or
9) Child exploitation and child pornography cases.
As a more specific explanation of assignment,domestic violence criminal offenses handled by the
Special Victims Unit does not include the investigation of property crimes of burglary,theft, auto
theft, unauthorized control of a vehicle,vandalism, criminal mischief, or fraud,unless there exists
an active,ongoing investigation of domestic violence case(s)with the same individual(s)involved
or a recent(one year) documented incident of domestic violence. Cases of harassing/threatening
telephone calls (unless there exists an active, ongoing investigation of domestic violence case(s),
an open, charged case waiting adjudication with the same individuals involved, or a recent (one
year) documented incident of domestic violence),will not be investigated by the Unit.
The SVU is responsible for the investigation of criminal cases occurring within St. Joseph County
involving domestic violence, child abuse and sex offenses. This responsibility has been
established through the partnership established by this Protocol. This Protocol is created to clarify
case investigation responsibilities. It will help to define and limit the referrals of cases to SVU
which are better served within the partner agencies. The assignment of investigations related to
domestic violence, child abuse and sex crimes occurring in St. Joseph County shall follow the
Page A-17
general policies and procedures set forth in this Protocol.
Please also refer to the following protocols regarding responding to incidents of domestic
violence, sexual offenses and child abuse:
Law Enforcement Protocol in Response to Sexual Assault
Law Enforcement Protocol in Response to Domestic Violence; and
Call Out Protocol for SVU
Page A-18
Page A-19
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1200 COUNTY-CITY BUILDING UTIRI PHONE 574/235-9241
227 W.JEFFERSON BOULEVARD o '1d FAX 574/235-7670
SOUTH BEND,INDIANA 46601-1830 574/235-5567
U C
tW PEACE
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE ALADEAN M.DEROSE
CORPORATION COUNSEL CITY ATTORNEY
March 21,2018 Filed in Clerk's Office
Mr. Tim Scott,President
MAR 2 2 2018
South Bend Common Council KAREEPVIAH FOWLER
227 West Jefferson Blvd., 4`' Floor CITY CLERK;SOUTH BEND,IN
South Bend, IN 46601
Re: Resolution Approving Interlocal Agreement
For Law Enforcement Special Units
Dear Council President Scott:
Attached for filing with the South Bend Common Council is a Resolution to approve an
Interlocal Agreement between the City of South Bend and the St. Joseph County Prosecutor
concerning the mutual operation of special law enforcement units known as Metro Units (the
Agreement).This Resolution grows out of a history of City Police Department cooperation with the
St.Joseph County Prosecutor for crimes of particular high impact on the safety and welfare of City
citizens.
The Metro Units covered by the Interlocal Agreement are the St. Joseph County Metro
Homicide Unit("CMHU"),the St.Joseph County Special Victims Unit("SVU"),and the St.Joseph
County Drug Investigation Unit ("DIU").
By this Agreement the City will cooperatively assist the Metro Units'operation by providing
South Bend Police Department officers to serve as investigators,and additionally by providing funds
for the cost and expenses of three additional investigators at approximately $103,000 annually per
officer,or about$308,500 in total. Sufficient funds exist within the City's 2018 Budget to cover this
service program.
ELLIOT A.ANDERSON ASHLEY MILLS COLBORN CLARA MCDANIELS
THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS
Mr.Tim Scott,President
March 21, 2018
Page 2
Placement of this Resolution on the Council's agenda for its meeting on March 26, 2018 is
requested. At this time we believe the presenter of this Resolution will be a member of the City
Legal Department.
Thank you for your consideration.
Sincerely,
Aladean DeRose
City Attorney