21-2259 MOU Authorizing Peace Officer Authority in the Jurisdiction of other Agencies With Boise PD, Meridian PD, Garden City PD Item#19.
CITY OF MERIDIAN RESOLUTION NO. 21-2259
BY THE CITY COUNCIL: BERNT,BORTON,CAVENER,
HOAGLUN,PERRAULT, STRADER
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
GARDEN CITY POLICE DEPARTMENT, THE BOISE POLICE DEPARTMENT, AND THE
MERIDIAN POLICE DEPARTMENT, TO GRANT AUTHORITY TO POLICE OFFICERS FOR
EACH AGENCY TO EXERCISE PEACE OFFICER AUTHORITY IN THE JURISDICTION OF THE
OTHER AGENCIES; AUTHORIZING THE MAYOR AND THE CHIEF OF POLICE TO EXECUTE
SAID MEMORANDUM OF UNDERSTANDING; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN,IDAHO
WHEREAS, the City of Meridian is authorized to enter into joint or cooperative action agreements,
and mutual assistance compacts, with the other public agencies pursuant to Idaho Code §§ 67-2328 and 67-
2337; and,
WHEREAS, the Meridian Police Department, the Boise Police Department, and the Garden City
Police Department agree that it is necessary and beneficial to allow cross-deputization of the police officers of
the individual agencies; and.
WHEREAS, Meridian approved a similar agreement since 1998, which was most recently updated in
2017. The terms and conditions of the new Agreement are largely the same, and the intent with the new
agreement is to capture the signatures of the new Mayors and Chiefs of Police for Boise and Meridian.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN,IDAHO AS FOLLOWS:
SECTION 1. That the Memorandum of Understanding, which is a joint or cooperative action
agreement and/or mutual assistance compact, by and between the Garden City Police Department, the Boise
Police Department, and the Meridian Police Department, a copy of said Memorandum of Understanding marked
Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to
both form and content.
SECTION 2. That the Mayor and Chief of the Meridian Police Department be, and hereby are,
authorized to execute said Memorandum of Understanding on behalf of City of Meridian.
SECTION 3. This Resolution shall be in full force and effect immediately upon its adoption and
approval.
ADOPTED by the City Council of the City of Meridian,Idaho,this 2'day of March,2021.
APPROVED by the Mayor of the City of Meridian,Idaho,this 2'day of March,2021.
APPROVED: ATTEST:
By:
Mayor Robert E. Simison 3-2-2021 City Clerk 3-2-2021
Page 397
Item#19.
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (MOU), made this 2nd day of
March 2021, by and between the Boise Police Department, the Garden City Police
Department, and the Meridian Police Department, is entered into for the purpose of
granting authority to officers in each agency to exercise peace officer authority in the
jurisdiction of the other agencies, commonly referred to as cross-deputization.
RECITALS
WHEREAS, the Boise Police Department, the Garden City Police Department, and
the Meridian Police Department have previously entered into an agreement on August
12, 1998, June 4, 2002, and February 16, 2017, providing for cross-deputization of each
agency's officers for mutual aid; and
WHEREAS, the Boise Police Department, the Garden City Police Department, and
the Meridian Police Department agree that it is necessary and desirable to continue that
agreement; and
WHEREAS, the Boise Police Department, the Garden City Police Department, and
the Meridian Police Department agree that the previous agreement should be updated to
reflect current policies and to ensure that it continues to benefit the citizens of the involved
communities.
NOW THEREFORE, in consideration of the mutual terms and conditions and the
recitals set forth above, the Boise Police Department, the Garden City Police Department,
and the Meridian Police Department understand as follows:
UNDERSTANDING
1.
CONDITIONS OF AUTHORIZATION
It is intended that in situations where police action is necessary or should otherwise be
taken, each agency is authorized to respond and take appropriate police action within the
jurisdiction of the others.
It is agreed that police officers of the Boise Police Department, Garden City Police
Department, and the Meridian Police Department be granted lawful authority to exercise
the powers of police officers within the jurisdictions of the others.
All POST-certified full-time paid employees of the Garden City Police Department and the
Meridian Police Department are hereby appointed and deputized by the Boise Police
Chief as Special Police inside the City of Boise, with full jurisdiction within Boise city limits.
This appointment is pursuant to Boise City Code § 1-10A-3.
MEMORANDUM OF UNDERSTANDING - 1 Page398
Item#19.
All POST-certified full-time paid employees of the Boise Police Department and the
Meridian Police Department are hereby appointed and deputized by the Garden City
Police Chief as Special Police inside the City of Garden City, with full jurisdiction within
the city limits of Garden City. This appointment is pursuant Garden City Code § 1-8-3.C.
All POST-certified full-time paid employees of the Boise Police Department and the
Garden City Police Department are hereby appointed and deputized by the Meridian City
Police Chief as Special Police inside the City of Meridian, with full jurisdiction within the
Meridian city limits. This appointment is pursuant Meridian City Code § 6-1-7.
With the exception of cases involving the Critical Incident Task Force (CITF) the criminal
investigative unit of each agency shall have primary jurisdiction for follow-up investigation
of crimes committed within the corporate limits of that agency's city. Each agency within
this MOU may follow-up on crimes that originated within the corporate limits of their
jurisdiction, even though such follow-up may include investigation within the corporate
limits of any of the jurisdictions. If an investigation discloses any crime committed within
the corporate limits of one of the other agencies, the officer leading the investigation will
immediately notify the other agency's detective unit and cooperate with that other agency.
Thereafter, the follow-up and investigation will be the responsibility of the agency that has
primary jurisdiction.
II.
STANDARD OF CONDUCT
Each police officer shall maintain standards of professional conduct required by the
officer's current departmental policies and procedures.
It shall be the sole duty and responsibility of an officer's employing agency to determine
if there has been a breach of professional standards. Each agency shall have the
responsibility to notify its officers of restrictions of jurisdiction or peace officer status due
to a breach of professional standards, or other action that would limit peace officer
authority for the officer.
Where an officer-involved shooting, a deadly force incident, or critical incident occurs
involving one or more of the agencies involved, CITF shall be automatically activated and
the CITF Agreement shall be subscribed to by all participating agencies.
MEMORANDUM OF UNDERSTANDING - 2 Page 399
Item#19.
Ill.
MEDIA RELEASES
As a general guideline, media information on all cases for which this MOU is controlling
will be a shared task with the primary jurisdiction assuming a lead role. However, this
guideline in not intended to limit any one of the agencies from describing or withholding
information regarding their participation in the situation. Whenever possible, the
participating agencies will consult with one another prior to all media releases on such
cases.
IV.
LIABILITY
Assumption of liability shall be as prescribed by Idaho Code § 67-2337(4), as well as any
other state of federal laws consistent with Idaho Code § 67-2337. The employing agency
shall be responsible for, and assume any liability arising from, the acts of its employees
participating in police actions regardless of which jurisdiction is the point of occurrence.
V.
AMENDMENT, DURATION, AND TERMINATION OF UNDERSTANDING
This MOU may be amended by agreement of all parties. This agreement shall remain in
full force and effect until terminated upon thirty (30) days written notice by any party.
Notice shall be by registered or certified mail, return receipt requested. The effective date
of such notice shall be three (3) days after the date of posting with the United States
Postal Service. Such notice shall be sent to the Chief of Police of each participating
agency.
Entered in this 2nd day of March 2021, by the cities of Boise, Garden
City, and Meridian, Idaho.
CITY OF BOISE BOISE CITY POLICE DEPARTMENT
Lauren McLean Ryan Lee
Mayor Chief of Police
DATE: DATE:
Attest:
MEMORANDUM OF UNDERSTANDING - 3 Page400
Item#19.
CITY OF GARDEN CITY GARDEN CITY POLICE DEPARTMENT
John G. Evans Rick Allen
Mayor Chief of Police
DATE: DATE:
Attest:
CITY OF MERIDIAN MERIDIAN POLICE DEPARTMENT
Robert E. Simison Tracy Basterrechea
Mayor Chief of Police
DATE: 3-2-2021 DATE:
Attest:
Chris Johnson, City Clerk 3-2-2021
MEMORANDUM OF UNDERSTANDING - 4 Page 401