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ORDINANCE II 83

AN ORDINANCE OF JACKSON TOWNSHIP, CAMBRIA COUNTY, PENNSYLVANIA IMPLEMENTING AN AGREEMENT BETWEEN THE TOWNSHIP OF JACKSON AND THE COMMONWEALTH OF PENNSYLVANIA OFFICE OF THE ATTORNEY GENERAL AND THE COUNTY OF CAMBRIA, OFFICE OF THE DISTRICT ATTORNEY, PROVIDING FOR INTERGOVERNMENTAL CORPORATION BY ESTABLISHING THE ADMINISTRATIVE FRAMEWORK FOR CARRYING OUT COORDINATED NACOTICS INVESTIGATION, ENFORCEMENT AND PROSECUTION ACTIVITIES IN JACKSON TOWNSHIP AND CAMBRIA COUNTY.

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 Drug Task Force Agreement," 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 4:

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 of this ordinance and the Municipal Police Cooperative Agreement.

a. The Agreement adopted and ratified in Section 1 of this ordinance (Municipal Drug Task Force Agreement), with its attachments, and the Municipal Cooperative Police Agreement with its attachments (as enacted in Ordinance No.~' 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 _______________ _

TOWNSHIP SEAL

COMMONWEALTH OF PENNSYLVANIA

OFFICE OF ATTORNEY GENERAL

MUNICIPAL DRUG TASK FORCE AGREEMENT

THIS AGREEMENT, made this ___ day of ___________ , 1992, by and among the Commonwealth of Pennsylvania,

Attorney General ( hereinafter referred to as OAG),

Office of

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:

WlIEREAS, 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 3nd 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

l

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 S3

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 Commonweal th of Pennsylvania except as

provided in Act 100 of 1989.

3. Term.

The term of this Agreement shall begin on

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

3

have all rights and liability 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

Hunicipali ties 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 terminate the operation

of the Task force if the OAG determines that it is in the

interests of the Commonwealth to do so.

4

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 1n 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.

s

b A District Attorney's Office will include the OAG as

an elTglble rec1p1enf~ln~·any ~request by~~J;Yettti\)n ·to~~cour~~~~ ·~·

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.

(i

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

Pennsylvania Law.

be construed in accordance with

18. Nondiscrimination Clause.

See Attachment 1, which is hereby incorporated into and made

part of this contract. This is the standard nondiscrimination

provision required for Commonweal th contracts. Reference in the

provision to contractor shall mean any party to this Agreement.

•' I_

l'' ,l,i

, I

7

·1N WITHESS WHEREOFi the parties have executed thj s Agreement

as of the date first above written.

' y: .,

Approyed by Solicitor

Approved by Solicitor

I I

l: ·.1,1

.I:/ ;!U

! \!;• ·,

OFFICE OF ATTORNEY

DISTRICT ATTORNEY

/

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0 , •

I.

OJrlnq tht t.aua of thla ccntract, O:l'\tuictor ~ u f~ •

1. ~ ah,.ll not ~t4 ~ &ll';f ~,

of rnce, rolor, ml !qicus cnMd, a.ncwtcy,. natim&l orl9in, ~, or ""·

Ceo tractor ahall take &! f S Dffl tiw ACticn to a\lUI"e that lfPUC4l'lta a.re

ar.pl.oyiid, Ard that~ or agent. ana trao.td durl~ ~, without

rogaxd to th9.1.r race, oo1or ~ ~, ancGirtry, Mt1ooal origin, ~

or 8«J<. Such aff I nrntive act.1cn lhall inclu:Se, rut is rlO't limited to, t.})8

foll~, ~, .~, darotia'l, or transfu-1 rocntltment or

recruitnalt ~ 1 l.a-j'oft or wnni.natiooJ ra~ o! pay or other f<mn8

of ~ticnJ 8::d 8elecUcn !or t.raini.n1. ecntractor shall r=ct in

~ pu..~, avai J able to a:rployees, ~, ~ far

~ an:1 other ~, a notice to oo prcvida:i by the ~

~gercy ~ forth the ~lens of this ~ claU5e.

2. Ccnt::I:?iCtor wll in ~ or ~ far arpl.oymEnt

placed by it or en its tehal! 5ta ts all Cf'¥'\ J i !ioo ~ will rec.ah--e

ccnsideratial for ~ with::1.lt ~ to l'.aC8, colcc, rellgio..ls creed,,

~, naticntl origin, ~ or oo:x. •

3. O:oo::?ctor shall ocrrl each laror unim or 't,OD.8.0I'

reprooentativea vi.th \1lu.ch it MJS a collective ~ agreEID30t or other

ccntract or ~, a notice advis1rq Mid lal::cr unial or ~'

reprooentative of it. o:mni tmant to thl..s nc:n:ll.5crlmin tim clall5$. Simi Jar

(

. . . .. .. . 1 b-J~ •

4. It aha1l ht N.:> daf ~ to a ~ ot a ~l !anoa Yi.th

Ca"\~~ ~ilinil ~ by the Pennaylva.n.14 Umtn 1'tlatiooa

0:xocofuia\ or W.. ~ti.ca clau.M that <X:nt.nictor bad m.leqwd

IO.l.t'OII of NCXU!tmtot wu.ch ~ it !rem ~ it.a obl19'ltimt,

~, U the w-ioeoo1 irtltetit-.. tllAt the O:ntxactca:-~ not en n:u.oe of

. the third party d.iocr1minaticn or ~ a g:xx1 !Ai th e!!ort to co.o:-.ct it,

such factor ehall h) o:r.alasnd in mUgaUcn in ootG.nnl.nlng ~~

~. 5.

80.ll:CQ of recrultlroot will re&llt in the excl~icn of mi.oority gro.ip

~, eo · that Ccntractor will be unablo to IIl0Qt it. chllgatJ.cna urrlar tha

o:ntract. carp1i.ance ~ t.icna wruoo by e:,e Pa-meylvania a.mm F.alaticns

Ccmnl6$1cn or this ~ti.on CU.l..lM, Ccntractor Mall;then arp1oy

arrl fill vacancies ~ other ~ to:cy arpl.Ojl!Sit ~.

6 • Cmtr.actor ahall o::x:ply "'1i th tha 0:otrt,.ct Carpl.iMiCO

REqula tirn8 of the ~l VM.ia BJ'Il'\1l Ra.la ticn8 Carmiulal, 16 PA O:da

~ 49 an::i with all ~ prchihi tID1 cfucriminatim in ht xi rq or •

~ ~ti.all, In the ~ ct ~, 8 ~Ji~ wi.th

the ocn-dis.cri.tninaticn cl~ o! t.hi.11 o:ntn.ct or with arr:/ sud\ ~, this

ccotract 1tt'lY, after ~rlrg ard ~joo icat.ial, :te tenninata:i or ~ in

~la or in i;:e..rt, an::i ~ ury ba ~ ta,p,r arl ly inel !g:lblo far

furthar ~th a::nt:I:?.cts I ar,d 8\X:h othar ~ my b9 ~ ard

rare:llea invoked a. prcm.da:i ty the 0:otractor O:n¢ianoe Ragulat.icnl.

I

...... .··

I.

, • ():;()t 7t.or- iihal.l tux::nuh ill ~$,J , eo.vlo·i~rt ~t:Ja 11.td

recoro, to, Ard }?@nnit ~- to it.a tcokl, ~ a.rd ~ta by, ~

~ ~ ud the~ l\el.at.i.cm ():mvdu!on, t~ ~ of

~tioo to ~ ~ \tith the ~ of the Ccntuct.

~ticnl, ~ to I 4935 of th.ti title (rolAtlnq to 1nfomat1cn

~ ~ b:{ CQ'\tn.ctonl), If 0;:ot:r:act:or doed not l'X>BIM8

~ or roc:ordt reflectirq the ~ lnfcmatiM ~, it

ah.tl-1 furnish 8UCh !nfonMt.icn en ~ fODnll ~ by the

m1t.ractlng a~ ar the Cannt nioo.

a. Coo tractor shall acti voly recro.i t mnorlty irulxx:nt.ractors or

~ with ruba-tant.Ltl minorl ty ~ticn am:og th9ir

~-9. C.cotractor tma.11 inc.llrle the pr:o,i.tlcna of thu

hcn.:iLscrlmJ.n tioo CUlll.&Q in every aul::c:nt::ract f iO tM t such J;IrO'lliicna wiJ..l

oo bird~ up::n eoch trul:x:cnt::a£tor.

10. 'Iha te:nns uaed in th.is ~tlcn c1au.se aha.ll MW tha . sarra ~ as in tha Ccnttact ~ ~ i.s-Sue:i by th&

~1 van14 a.ncn Relat.icns Cann.1.uicn, 16 EA C:de ~ 49.

u. o:ntractor col iga ticns uroar thl.l cJ.au.s.a ara limi te:i to the.

Cmtracto.r' 1 faci l i ti.all within PErin.5yl van.L!, or, w-,erQ tha cx:ntract u !or

~ of gxda xmnufacturoo cut.si.OQ of ~lvania, the facllltiac at

wu.ch said gxd.l are &:tU4lly ~.

f

.... ..

MEMORANDUM OF UNDERSTANDING

. WHEREAS, the Commonwealth Attorneys Act dgsignatea the

District Attorney of each county as the chief:· law enforcamgnt ..

officer of that county, and

WHEREAS, tho Commonwealth Attorneys Act dePignates the

Attorney General as the chlef

Commonwealth, llnd

law enforcement off iaer · of the

WHE~EAS, the Gen~ral Assembly of the Commonwealth has

appropriated certain monies to the Office of Attorney General for

the eetablishment and operatior\ of municipal drug task force

programs, and

WHEREAS, cooperation and coordination among all

investigative and prosacutorinl agencies within the Commonwealth

is essential to maximi.ze the ef fectiva11ess of drug law

enforcP!ment efforts at the loca 1, ccunty, state and national

levels, and

WriEREAS, it is th;;: desire cf the Attorney Ganaral and the

various Distr.i.ct Attorneys, through the .agency of the

P~nneylvani.a District Attorneys Aiaociation, to resolve

certain dispute~ while not. af f acting those municipal narcotics

task force programs which currently operate to the sutisfaction

of the Attorney Gen~ral and the ~eap~ctive D1Btrict Attorney~,

\

OW THEREFOR£, the Attorney General and thg Pennsylvanilt

a Aaaociation

Understanding as to the parameters in whic

drug task force program shall operatet

.. t

Memorandum of

al

·-1. The municipal drug task force pro~rams shall be subject to

the control and· auperviaion Of the Diatrict Attorney

of the county in which the ta~k force operates, unles11 th~

District Attorney requests that :such control and supervision

functiona b~ aB~umad by the Office ot Attorney General. Attorney

G8neJ:~l and Bureau of Narcotics Investigation and Prug control

p0~$onnel ahall not engage in control or eupervisio~ of municipal

drug task force activitiss, unless such control or supervision is

Bpecifically request~ by the District Attornsy. A division of

sp~citlc control and supervision functions between the Office o!

Attornljy GQneral anct the District Attorney may be agreed to by

the Office of Attorney General and the District Attorney.

2. For t?urpo.i;ea of this agrQement, "control and suparvieion"

shall include1 {a) ths organization of municipal and county law

enforc~rnent personnel into municipal drug taak forces; (b) the

d~signation of personnel responsible for do.y-to-day operational

control of task !orcg activities; {c} the determination of

investigations and oth~r activities to ba undertaken by tha task

force; (d} the determination of the re::sources to be devoted to

e~ch taBk force activity; (e) the determination of electronic or

other aurveill~nce meaaurae to be employed in any particular task

..,

• (f) determlna • e of informants and

r agreements to bQ made with informants; g ch

:rants, arrest wa~rants, and other legal documents o~ process; ..

) an itemized accounting on a quarterly basis for . all task .. ree expendi turei,, which a hall be submitted to the Office of

;torney G~n8ral and made available for the Appropriation

ommitteea of the GQn~ral Assembly,

1. If a Di:11trict. Attormiy assumaa reeponaibility for control

5 nd supervision of a municipal d~ug task force program, decisions

concerning such control and supervision shall be made by the

District Attorney in con~ultation with the local police, the

Bureau of Narcotics Investigation and Drug Control atld State

police, in accordance with the custom and practice of the

particular county.

4. In counties in whic::h the District AttornQy has chosen to

control and supervise the operation of municipal drug task

forcest all Attorney General or Bureau of Narcotics Investigation

and Drug control per5onnel or agents working on m~ttera involving

munlcipnl drug task force programs shQll coordinatG their

municipal drug task force activities at the municipal and county

levels through, and work at the general direction of, the

District Attorney or his designee. The O!fice ot Atto~ney

General shall not muk9 ind~pendent expenditures for municipal

drug task force operation:; unless authorized by the District

AttornQy GQneral region~l attorneys shall provide

I

.. .

supervision and counsel to municipal drug task forces only to the

extent agreed to by a District Attorney.

5. In counties in which the District Attorney has chosen to

control and supervise the operations of municipal drug task

forcee, the District Attorney shall conault directly with the

appropriate r0gional offic~ of the Offica of Attor~ay Ganaral to·

R0C\lr9 functinc;i fox:. thQ opgrntiong of. tha municipal drug task

force.

6. Law ~nforcement personnel participating in municipal drug

taak force operations shall remain employges of, and ba subject

to t.h9 dir~ct euperviaion of, tne agency or department by whorn

they are regularly employed,

7. A District Attorney and the Attorney General may establish

by mutual agreement responsibility for the initiation and

litigation of forfeiture actiorns re!ulting from municipal drug

task force operations, In counties where tha District Attorney

has chosen to control and supervise the operation of municipal

drug· task fo:t;cea, unless a District Attorney otherwise requests,

all !orfei ture matters resulting from munieipal drug task forc11

operations shall be 11 tigated by the District Attorney and all

seized property shall remain in the county in which th$ property

was svized for cuetodial purposes. A. District Attorney shall

promptly notify the off lee of Attorn1ay Gen"ral of any and all

pending !orfeitu:re litigation rB5ulting from the operation of

... -

munieipel drug task forces. All forfeitures shall be distributed

according to the laws of the Commonwealth of Pennsylvania.

8. In counties in which thlil Pi strict Attorney ha.a chosen to

control and supor~iae the operation of municipar drug task

forces, tha Attorney General ehall consider the funding of a

full-tima municipal_drug task fo~c8 coordinator, ~mployQd by and

answerable to a District Attorney, in thoae countiaa where.such a

need exi~t$, at the ~eq~est of a District Attorney.

9- Thig Memorandum of Und~retanding eh~ll not void or in any

way invalidate nny existing municipal drug taek force agreement.

t-towQvgr, at the requeet of a District Attornily, the Attorney

General and the District Attorn9y shall, after due notice to all

aignators, pro~ptly modify any exigting municipal drug task fo~e~

agraQmQnt in accordance with th-i terms of this Memorandum of

Under5tanding, a~ rGquested by a Dl~trict Attorney.

l~ZJvu. Erm•• t D, Pre ate, Jr. 1 Attorney General Commonwealth of Pennsylvania July 2S, 1991

Alan M, Rubenstein President PA District Attorneys Aaen. ,1uly 25 I 1991

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 poJice 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 det·2rmined 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 contajns 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

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 board 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

5

SECTION C

called by the CHAIRMAN, or more than a majority of the

participating members by request in writing. The call 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

SECTIOND

SECTION A

SECTION A

The advisory board shall maintain an accurate 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.

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

SECTION D

SECTION A

That while in ariy 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.

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 aqreement, all property will be retained by the

Cambria County District Attorney.

SECTION A

SECTION B

,SE_~TION D

ARTICLE VII

DEPUTIZING, HH·1UNITY AND CLAIMS

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

-liahili ty covering police vehicles while on duty in the

terrjtorial limits of any of the participating munici­

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.

~ 0

SECTION A

SECTION B

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 ----,,---T7-r------' CAMBRIA _Pegu_lar_/=~-ia-1~-- Miiie1pality

COUNTY, COMMONWEALTH OF PENNSYLVANIA, AND WAS MOVED BY

----~~~--------' SECONDED BY ---=-c-=-,rr-r=-.-,c-------Nare & Title Naire & I 1tle

AND SUPPORTED AS FOLLOWS:

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

CAMBRIA COUNTY DRUG TASK FORCE

GUIDELINES

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 HANPOWER

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

4. HISCELLANEOUS PROVIS I O~lS

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

STATEMENT OF POLICY AND PROCEDURES

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 Off ice, 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 boundari~s via a system oi shared resources including personnel, information, finances~

equipment and technical assistance.

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

involvement from street level dealers to the heirachy of

sophisticated drug organizations, for the purpose of arrest and

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.

OPERATIONAL PROCEDURES

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 sha1iJ.

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.

OPERATIONAL PROCEDURES

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 shall 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 iJig 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.

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 Commonwealth.

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

regulations of the parent agency are inconsistent with those of the

Task Force, f the 1kmber involved in such conflict shall be

responsible for contacting the appropriate persons to resolve said

conflict.

Officers are always expected to conduct themselves in a

professional manner.

MISCELLANEOUS PROVISIONS

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 Office 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

Cambr;i.a 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.