5049-23 Approving an Interlocal Agreement for the Mutual Investigation of Officer-Involved Shootings in St. Joe County

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BILL NO. 23-52 RESOLUTION NO. 5049-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANAAPPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND,INDIANA,THE CITY OF MISHAWAKA,INDIANA AND THE BOARD OF COMMISSIONERS OF ST.JOSEPH COUNTY, INDIANA, FOR THE MUTUAL INVESTIGATION OF OFFICER-INVOLVED SHOOTINGS 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 City of Mishawaka and St. Joseph County in the investigation of officer-involved shootings or deaths in St. Joseph County; and WHEREAS,the City of South Bend, the City of Mishawaka, and St. Joseph County have established practices and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of alleged other action(s) of an officer; and 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, the Indiana Cities of South Bend and Mishawaka, along with the County of St. Joseph share a combined interest in entering into an Interlocal Agreement so that by working cooperatively, they may thoroughly, fairly, and impartially investigate incidents of officer- involved shootings or deaths as a result of alleged other action(s) of an officer in St. Joseph County; and WHEREAS, pursuant to IC 36-1-7, the City will cooperatively assist the City of Mishawaka and St. Joseph County by investigating incidents of officer-involved shootings or deaths as a result of alleged other action(s) of an officer of the Mishawaka Police Department or the St. Joseph County Police Department; and WHEREAS, The City of South Bend, the City of Mishawaka, 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 investigation service. 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 investigation of officer-involved shootings and deaths as a result of alleged other action(s) of an officer in St. Joseph County, Indiana. Section II. The Common Council President, Mayor, and City Clerk are authorized to execute the Interlocal Agreement in form and substance the same as or substantially similar to that of the Agreement attached hereto as Exhibit A. Section III. This Resolution shall be in full force and effect retroactively as of January 1, 2023 from and after its adoption by the Common Council and approval by the Mayor.