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HomeMy WebLinkAbout2A - Lexington Police Department Jurisdiction Policy & Procedure Page 1 of 17 Lexington Police Department Subject: Lexington Police Department Jurisdiction Policy Number: 2A Accreditation Standards: Reference: 2.1.1; 2.1.2; 41.1.1 Effective Date: 5/1/10  New  Revised Revision Dates: 1/24/19 By Order of: Mark J. Corr, Chief of Police GENERAL CONSIDERATIONS AND GUIDELINES The Lexington Police Department is the principal provider of law enforcement and related services in the Town of Lexington. However, within the geographical boundaries of Lexington, there are numerous state and federal agencies, which have concurrent law enforcement jurisdiction with the Lexington Police Department. In order to avoid confusion caused by overlapping or ambiguous jurisdictions, this policy will identify each agency that shares law enforcement responsibilities with our Department. The terms of any interagency agreement shall also be provided in this policy. This policy also identifies how officers who have a question on a specific town line boundary issue can resolve such matters. These boundary locations can now be obtained on the Town of Lexington Website under the Lexington Online GIS Viewer. This service provides aerial photographs, lot locations, measurements and much more. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 2 of 17 PROCEDURES A. JURISDICTION 1. The legal jurisdiction of the Lexington police department is restricted to the boundaries of the town of Lexington (as illustrated in the attachments below) except in cases of: a. Fresh and continued pursuit; b. Arrest warrants; and c. Mutual Aid or Transferred Authority. 2. The following is a list of agencies that have concurrent law enforcement jurisdiction with the Town of Lexington: a. Massachusetts State Police; b. M.B.T.A. Police; c. Department of Environmental Management; and d. Federal law enforcement agencies including the: i. Security Forces Hanscom AFB ii. U.S. Park Rangers; and i. Others as authorized by federal law. 3. Any arrest outside the Town of Lexington shall be made in compliance with Department policies and procedures. Any questions relative to extra territorial arrests or concurrent jurisdiction should be directed to the Commanding Officer. B. JURISDICTION – STATE AGENCIES 1. Department of State Police M.G.L. Chapter 147, section 2 gives State Police Officers all the power and authority of Constables (with no authority to serve civil processes) throughout the Commonwealth. 2. Interagency Agreement: The following standing practice, as reinforced from time-to-time through agreements with State Police commanders responsible for this region, and/or the Secretary of Public Safety and Security provide: a. Town of Lexington including the motorist service area on Routes 95-128 (excluding the physical roadway of Routes 2 and 95 - 128); i. The Lexington Police Department will handle calls for service and investigate crimes, which come to their attention. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 3 of 17 ii. Serious crime investigations initiated by the Lexington Police Department will be coordinated on a case-by-case basis. The Department shall also notify a representative of the District Attorney's Office in any instance involving death by violence or unnatural causes. b. Routes 2 and 95-128: i. Emergencies and Traffic Accidents: The Lexington Police Department will immediately notify the State Police by telephone or by radio (AREAWIDE 3) when these situations arise. The Lexington Police Department will also respond to the scene. If State Police Officers are not immediately available, Lexington officers will secure the scene and give aid to any injured persons. Criminal and accident investigations will be conducted if it is determined that a State Police Officer is unavailable to investigate. ii. Routine Service Calls: The Lexington Police Department will notify the State Police by telephone of any routine service call. If a potentially hazardous situation exists, or when a State Police Officer is unavailable, the Lexington Police will respond and provide assistance. iii. Patrol: It is the policy of the Lexington Police Department to avoid routine or regular patrol of limited access highways by patrol officers. This policy is not meant to prevent officers from checking the highways for disabled motorists, particularly during hazardous weather conditions, or when a threshold inquiry or criminal investigation is justified. 3. Massachusetts Bay Transit Authority a. Chapter 664 of the Acts of 1968 (amended) gives officers appointed by the M.B.T.A. all the powers of a Constable (with no authority to serve civil processes) "within the territorial limits of the authority" (this includes Lexington). b. Concurrent Jurisdiction. The Lexington Police Department will not typically defer jurisdiction on any matter within the Town of Lexington to the M.B.T.A. Police but shall provide appropriate notification when incidents involve M.B.T.A. buses or other M.B.T.A property. c. It is the policy of the MBTA Transit Police Department to investigate crimes that occur on MBTA property. Lexington will cooperate fully with MBTA during an investigation. d. If an accident involves an MBTA bus or vehicle, the MBTA Police shall be notified by phone. If they cannot respond or cannot respond within a timely manner the Lexington Police Department shall handle the accident investigation. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 4 of 17 4. Department of Environmental Management a. M.G.L. Chapter 21, section 6A gives Environmental Police Officers appointed by the Department of Environmental Management the authority to enforce all penal laws pertinent to the affairs of the agency. b. Concurrent Jurisdiction: The Lexington Police Department shall not normally defer jurisdiction on any matter within the Town of Lexington to the Department of Environmental Management; and c. The Department of Environmental Management shall be notified at once by telephone (as required by M.G.L. Chapter 21, section 6) whenever a person is presumed to be lost in any of the woodlands of the Commonwealth. 5. There are other agencies within the Commonwealth of Massachusetts with a wide variety of law enforcement responsibilities. It is unlikely that a concurrent jurisdictional issue will arise with any agency not listed in this policy. Any matter, which cannot be resolved by this policy, should be brought to the attention of the Chief of Police. C. JURISDICTION – FEDERAL AGENCIES 1. Hanscom Air Force Base- Security Forces a. The United States Air Force exercises federal law enforcement authority in Lexington within the boundaries of Hanscom Air Force Base (H.A.F.B). This authority overlaps the jurisdiction of the Lexington Police Department in three areas: i. Gate 4 and Barksdale St. to the intersection of Kirkland St. (Barksdale St. is the H.A.F.B. extension of Hartwell Ave.); ii. Building 1312 and surrounding area (located opposite the Katahdin Woods Apartments); and iii. Buildings 1122, 1124, 1126, 1127, 1128, 1138, 1140, 1141, 1142, 1160 and the surrounding area (Lincoln Lab and MIT area located inside of Gate 3 off Wood St.). iv. See attachments below for mapping. 2. Hanscom -- There are three (3) types of jurisdictional situations; they are: a. Exclusive Federal Jurisdiction. The United States Air Force has exclusive jurisdiction within the boundaries of H.A.F.B. in those areas not named below. b. Concurrent Jurisdiction. The United States Air Force and the Lexington Police Department have concurrent jurisdiction at Gate 4 and Barksdale St. (section 1-a above). c. Exclusive Lexington Jurisdiction with Federal Government having "Proprietary Interest." The Lexington Police Department has exclusive jurisdiction over the MIT and Lincoln Lab facilities listed 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 5 of 17 in section 1-b & 1-c above. The United States Air Force may take measures to prevent problems but have limited enforcement authority. This is particularly true with the civilian personnel working in those areas. d. Interagency Agreement: The Middlesex District Attorney’s Office established a Memorandum of Understanding (MOU) with H.A.F.B. and the Lexington, Concord, Bedford and Lincoln police departments. See the MOU language at the end of this policy. The key issues are: i. Lexington Police, through changes in State and Federal law, has jurisdiction to enforce the laws of the Commonwealth in exclusive Federal jurisdiction areas as long as the Department is invited onto the property by the 66th Security Forces Squadron or Judge Advocate’s office. ii. Lexington will likely be called upon to enforce Operating Under the Influence (OUI) of alcohol violations, domestic violence and juvenile crimes. These types of offenses are difficult to address in Federal courts. In the interest of fairness and justice, HAFB may relinquish their primary investigation role to the local police authority. iii. The following are general guidelines: (a) GATE 4 -- BARKSDALE ST. (HARTWELL AVE) (1) Lexington Police Department will handle calls for service and investigate crimes and MV offenses that occur on Lexington roadways and areas leading to H.A.F.B. (even when the offender may be stopped at Gate 4). (2) The Lexington Police Department will render assistance when requested by the 66th Security Forces Squadron, including the making of arrests or issuance of criminal citations for offenses occurring in Lexington. (b) MIT & LINCOLN LAB (1) The Lexington Police Department shall defer to the 66th SFS the day-to-day responsibility for securing and protecting the MIT and Lincoln Lab facilities. (2) As appropriate, the 66th SFS and other federal agencies shall also investigate crimes and provide other services. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 6 of 17 (3) When requested, the Lexington Police Department will investigate crimes that occur in our jurisdiction, which occur on MIT and Lincoln Lab facilities. (c) Criminal Process & Restraining Orders. The procedures for serving warrants, summonses, restraining orders or other legal orders are outlined in Chapter 73C - Legal Process Handling. 3. National Park Service a. Park Rangers exercise federal law enforcement authority within the boundaries of the Minuteman National Park. The Lexington Police Department has full authority to enforce the General Laws of Massachusetts within the park. b. The Lexington Police Department will not normally defer any law enforcement responsibilities to the Park Rangers. When appropriate, the Park Rangers will be advised of incidents involving the Minuteman National Park. 4. F.B.I., D.E.A., A.T.F., or Other Federal Agencies a. Members of the Lexington Police Department do not have the authority to enforce federal laws and ordinances. b. When appropriate, the Chief of Police or his designee shall notify and/or coordinate any joint investigation between the Lexington Police Department and the respective federal agency. D. SPECIFIC TOWN LINE RESTRICTIONS 1. Determining the exact border of Lexington is not always possible. In these situations, officers should consult with their Commanding Officer, Patrol Supervisor and, if necessary, the neighboring police department or area residents. If these methods are fruitless, exact boundary locations can be obtained through the Lexington Online GIS Viewer. 2. Non-criminal Police Services should be rendered with minimal delay when the Town line cannot be identified. 3. Criminal Investigations, or any situation which may involve criminal activity, requires officers to take greater precautions in determining where the Town line is located. 4. Any officer with specific town line boundaries should contact the Commanding Officer for clarification. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 7 of 17 E. Specific Town Line Concerns 1. There are specific town line boundary locations in town that may need to be identified from time to time. For example:  Friendly's Ice Cream Restaurant, 1060 Waltham Street, Lexington. The Lexington/Waltham line separates the restaurant building from the parking lot. The parking lot is located in Lexington.  Minuteman Regional Vocational Technical School, 758 Marrett Road, Lexington. The Lexington/Lincoln line separates the school building from large parking lot and playing fields west of the building. The school building and all areas north, south and east of the building are located in Lexington. See map on page I-24.  Middlesex Mall, Retail Building, 675 Lowell Street, Lexington. The Lexington/Burlington line places the retail building and immediate parking in Lexington. See map on page I-25. These locations along with all boundary locations in town, which an officer is not clear on a boundary, should be obtained on the Lexington Online GIS Viewer for specifics. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 8 of 17 CURRENT MEMORANDUMS OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN 66TH AIR BASE WING STAFF JUDGE ADVOCATES OFFICE AND 66TH SECURITY FORCES SQUADRON AND POLICE DEPARTMENTS OF BEDFORD, CONCORD, LINCOLN & LEXINGTON AND MIDDLESEX COUNTY DISTRICT ATTORNEY’S OFFICE 1. PURPOSE: To outline the relationship between the 66th Air Base Wing Staff Judge Advocate Office (hereinafter “JA”) and the 66th Security Forces Squadron (hereinafter “SFS”) of Hanscom Air Force Base (AFB) and the police departments of Bedford, Concord, Lexington, & Lincoln, (collectively “PD”) as well as the Middlesex County District Attorney’s Office (hereinafter “DA”) when addressing criminal matters connected to members of the Hanscom AFB community and offenses/offenders on Hanscom AFB regardless of military affiliation. This includes all criminal activity committed by or against active duty military members assigned to Hanscom AFB, members of the United States Air Force Reserves performing military activities at Hanscom AFB, and members of families of military members assigned to Hanscom AFB as well as any civilians present on Hanscom AFB. This MOU establishes procedures concerning the exchange of information, case investigation and prosecution, and the coordination of efforts and assets between the parties. 2. JURISDICTION: (a) Hanscom AFB is located in Middlesex County, Massachusetts. For purposes of criminal jurisdiction the property on the installation is partly the exclusive jurisdiction of the United States government, and partly concurrent jurisdiction between the Federal government and the Commonwealth of Massachusetts. Both Federal and Commonwealth of Massachusetts case law have also extended jurisdiction to state/local authorities over persons located on Hanscom AFB to the extent that the exercise of such jurisdiction does not interfere with the Federal interests. Additionally, the United States Air Force (USAF) maintains jurisdiction over criminal act s wherever committed by its active duty and activated reserve force members and may exercise right of first refusal over such cases as deemed necessary. Once such a case is refused for prosecution by the USAF, state/local authorities may prosecute. (b) This MOU does not create, limit, or modify existing jurisdiction vested in the parties. This MOU is intended exclusively to provide guidance and document an agreement for general support. Nothing contained herein shall be construed to create, abrogate or extend any right, privilege, or benefit to any person or entity, including the parties to this MOU 3. RESPONSIBILITIES: (a) MAP: The respective parties signing this agreement will agree upon a common jurisdiction and venue map of Hanscom AFB. All parties hereto will work from the agreed-upon map which will clearly set forth the venue boundaries of the four co -jurisdictional towns. The 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 9 of 17 Map will also detail the various jurisdictional locations on Hanscom AFB. Hanscom JA will be the official custodian of the Map, but all parties shall maintain a copy of the same Map. All agree to keep Hanscom JA apprised of any changes or potential changes in local venue. (b) POINT OF CONTACT (POC): Each PD, the DA’s office, Hanscom JA and Hanscom SFS will designate POCs and agree to keep all other parties advised when changes occur for purposes of this agreement. The initial POC list is attached hereto and incorporated herein by reference. (c) NOTIFICATION: PD and DA agree to promptly notify Hanscom JA and Hanscom SFS in the event of any arrest or charging of a known military member from Hanscom AFB in any of the towns subject to this agreement; provided, however, that no PD shall be required to notify Hanscom JA and Hanscom SFS in cases that involve motor vehicle violations only where no arrest occurred. Local PDs and Das agree to notify Hanscom JA and Hanscom SFS of any disposition and/or sentencing, including confinement time and location, in any state case involving military members. (d) INITIAL / SECONDARY RESPONDERS (1) 66TH SECURITY FORCES SQUADRON (SFS) (a) Hanscom SFS will be first responders to all calls on Hanscom AFB, unless a PD can respond quicker, in which case it will become the first responder. Hanscom SFS, or other first responder (if applicable), will conduct preliminary investigation to determine status of potential offender (military or civilian) and determine, in conjunction with JA, if civilian authorities should be notified for secondary response. If no civilian response is necessary, SF S is responsible for apprehension or detention, search and seizure, and all aspects of the case and investigation. If civilian authorities are to respond and assume primary responsibility, SFS may detain potential defendants for a time period sufficient to allow transfer to the local cognizant PD authority. (b) Upon determining that local authorities should respond, SFS will immediately notify the PD with proper venue who, in turn, will respond (i.e. secondary response) and continue to process the crime scene and conduct investigation (including apprehension(s) or detention(s), searches and seizures, and all other aspects of the case and investigation) consistent with locally established procedures. (c) Due to the unique and specific rights (breath tests, independent medical exam, etc.) afforded to motorists in the Commonwealth of Massachusetts when they are suspect of operating a motor vehicle under the influence of intoxicating liquor or drugs (including M.G.L. c. 90, §§ 24, 24G, and 24L), any SFS first responder who stops or otherwise encounters a motorist on Hanscom AFB and who obtains facts supporting reasonable suspicion that the motorist is operating under the influence shall promptly contact the appropriate PD. The PD shall promptly dispatch a local police officer to the scene to assist the Hanscom SFS in the investigation. If probable cause to believe the motorist was operating under the influence is developed during the investigation, the responding PD shall effectuate an arrest and assume responsibility for the investigation and prosecution of the case. Notwithstanding any arrest hereunder by a PD, Section 3 (1)(e) below shall apply to any resulting prosecution. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 10 of 17 (d) To the greatest extent possible, SFS will ensure all involved partie s remain at the location of any incident until such time as civilian authorities arrive on scene, or until such time as response by civilian authorities is deemed unnecessary. (2) POLICE DEPARTMENTS OF BEDFORD, CONCORD, LEXINGTON AND LINCOLN (PD) (a) Respond to all calls at appropriate local venue as secondary responders. If call comes to PD first, then PD may be first responder. If PD is first responder, it must comply with first responder duties under paragraph 3 (d) (1) (a) and (b) above. (b) PD agree to promptly notify JA and SFS in the event of any arrest or charging of a military member or military affiliated member from Hanscom AFB in any of the towns subject to this agreement, including any arrest made at Hanscom AFB. PD agree to notify JA and SFS of any disposition and/or sentencing, including confinement time and location, in any state case involving military members. (c) PD agree to share any and all information with JA and SFS concerning all matters related to investigation or prosecution of cases by the PD. PD agree to share any and all information with JA and SFS concerning all relevant matters related to investigation or prosecution of cases by JA, including but not limited to the sharing of all information the local PD has gathered on any subject or witness involved in the case, facilitating the interviewing of witnesses, including co-coordinating with local DA concerning Hanscom requests for immunity for witnesses, if requested. (d) If prosecution proceeds in state court, the PD where the case proceeds will keep JA informed of the status of the case throughout the prosecution (by periodic meetings or telephone communication), including any changes in pre -trial release conditions, the confinement status of military members, and/or the ultimate disposition of the case or sentence, if applicable. (e) PROSECUTION (1) 66TH AIR BASE WING JUDGE ADVOCATE LEGAL OFFICE (JA) (a) JA will provide the PD and DA basic information about installation resources available to members eligible for service under the Air Force Victim and Witness Assistance Program (VWAP), especially domestic violence and sexual assault victims. (b) JA will discuss with the DA whether an alleged military offender will be prosecuted under state law of whether the Air Force will pursue federal action under the Uniform Code of Military Justice (hereinafter “UCMJ”) in accordance with the provisions set out in paragraph 2, Jurisdiction, above. (c) Upon request, JA will forward copies of relevant police incide nt reports and military protective orders to the DA. (d) If prosecution will proceed in state court, JA will cooperate with the investigation and prosecution to the greatest extent possible by sharing information and facilitating the interviewing of witnesses over which the USAF has control. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 11 of 17 (e) If Hanscom JA defers to jurisdiction of PD, and after investigation JA wants to prosecute for military offenses or other military reason, PD and DA will cooperate and notify as otherwise outlined in this agreement. (2) MIDDLESEX COUNT DISTRICT ATTORNEY’S OFFICE (a) DA will promptly notify JA of any known military defendants and/or victims, and provide information regarding the name and addresses of the defendant(s) and/or victim(s), along with an explanation of the offense(s). DA will provide eligible recipients information concerning the state Victim Witness Assistance, if applicable. (b) DA will discuss with JA whether an alleged known military offender will be prosecuted under state law or whether the Air Force will pursue federal action under the UCMJ in accordance with the provisions set out in paragraph 2, Jurisdiction, above. (c) If the alleged offender is to be prosecuted under the UCMJ, the DA will cooperate with the investigation and prosecution to the greatest extent possible by sharing all information and facilitating the interviewing of witnesses. This includes considering and obtaining requests for immunity for witnesses, if requested, and if applicable. (d) If prosecution proceeds in state court, the DA will keep JA informed of the status of the case throughout the prosecution (periodic meetings), including any changes in pre -trial release conditions, the confinement status of military members, and/or the ultimate disposit ion of the case or sentence if applicable. 4. MISCELLANEOUS (a) All parties herein agree to train and educate each other concerning the contents of this agreement; and to train each other in their respective protocols, search and seizure laws and techniques, arrest, identification, Miranda rights, and any other police investigation and/or legal matters important to effectuation of this agreement and the procedures involved in handling common cases. (b) PD agree to require that all firearm applicants on Hanscom AFB applying for firearm identification (FID) card, or a license to carry (LTC) a weapon, obtain a clearance letter from Hanscom AFB affirming that no relevant otherwise disqualifying derogatory information about the applicant exists in Hanscom AFB records that would prevent the issuance of an FID or LTC. (c) The JA and SFS agree to assist PD with service of domestic abuse restraining orders issued by any state court against any military and non -military person(s) residing on Hanscom AFB. The JA and SFS also agree to promptly notify the appropriate PD of any information they receive or obtain regarding any alleged violation of such orders and to provide reasonable assistance, if necessary, to the PD in determining whether any restraining order violation occurred. (d) The parties agree to meet at least semiannually to discuss the implementation and effectiveness of this MOU, the need for any changes or improvements to the procedures set forth 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 12 of 17 herein, and any other issues or matters of mutual c oncern that will foster effective law enforcement on Hanscom AFB and the respective portions of the four co-jurisdictional towns. (e) The parties agree that any information exchanged pursuant to the MOU shall at all times be in accordance with all applicable state and federal laws. 5. EFFECTIVE ADMINISTRATION AND EXECUTION (a) This MOU shall become effective when last executed by the Staff Judge Advocate of the 66th Air Base Wing at Hanscom AFB provided that all other parties have previously signed thi s agreement. It will remain in full force and effect for all parties hereto until specifically abrogated by one party to this agreement with sixty (60) days written notice to all other parties, but it shall remain in full force and effect for the other parties hereto. (b) Any issues or questions regarding this MOU or not specifically covered by this MOU shall be resolved through communication and agreement between the parties. (c) Each party signing this document is empowered by its employer to legally bind the agency/entity for the purposes state in this Memorandum of Understanding. Per Chief Mark J. Corr (11-20-2009) – all parties signed this MOU on or about January 9 thru 18, 2006. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 13 of 17 Massachusetts Interagency Mutual Aid Agreement Section 1.0 Purpose & Authority This Agreement constitutes an agreement by, between, and among the Parties to establish a strategic working partnership to address public safety concerns including but not limited to: providing mutual aid for the member police departments because of terrorist or enemy action ; natural disaster; unusual occurrence, including but not limited to fire, flood, storm, earthquake, landslide, aircraft accident, search or rescue operations; other natural or man-caused incidents requiring exceptional police action; school or workplace violence; riot; mob action; civil disturbance; demonstration; urban insurgency; impaired driving; drug distribution; electronic & cybercrime; combating violent street gangs and associations; as well as any law enforcement operations that require more sophisticated investigation on a regionalized basis or any situation threatening the peace and tranquility in the Parties’ jurisdictions. In order to address these public safety concerns, the Parties hereby agree to have sworn police officers from each department empowered to operate with full police powers, including the power of arrest, in each signatory community, as authorized under M.G.L. c. 40, § 8G. This type of agreement allows sworn police officers from each signatory community to cross into the geographical jurisdiction of any other signatory community to carry out official police business under the authority of M.G.L. c. 37, § 13; M.G.L. c. 40, § 8G; M.G.L. c. 41, §§ 95, 98, 98A, 99; and similar statutes. Such extraterritorial exercise of police powers is authorized under this Agreement in both mutual-aid-request and self-activation situations, as defined herein. Nothing in this Agreement is intended to be construed to limit the lawful au thority of police officers to make arrests or exercise police powers outside of this Agreement. Section 2.0 Definitions For purposes of this Agreement, the following terms shall be defined as set forth below: a. Chief of Police: A Party’s chief law enforcement officer; includes functional equivalent of Chief of Police, whether denominated “Director,” “Commissioner,” “Superintendent,” or similar title. b. Commanding Officer: A Party’s Chief of Police, designee of the Chief of Police, or Police Officer in charge of a shift c. Official Request: A request for police assistance or for the exercise of Police Powers made by one Party of one or more other Parties under the terms of this Agreement d. Party: City, town, or other political subdivision that has executed this Agreement through its Chief of Police and/or other authorized signatory. A Party may be located within, or be contiguous to, the Commonwealth of Massachusetts. The 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 14 of 17 Parties are listed in Attachment A, which may be revised from time to time as Parties join and withdraw from this Agreement.1 e. Police Officer: On-duty sworn municipal police officer regularly employed as such by or in any Party; for purposes of this Agreement, Chiefs of Police shall be the only Police Officers considered on-duty at all times. f. Police Powers: All police powers granted by municipalities to Police Officers regularly employed as such, including but not limited to the power of arrest g. Receiving Party: A Party receiving police assistance or in which one or more Police Officer(s) regularly employed as such by another Party is exercising Police Powers in accordance with this Agreement h. Self-Activation: The exercise of Police Powers within the territorial limits of any Party by any Police Officer regularly employed as such by any other Party under the terms of this Agreement in the absence of an Official Request i. Sending Party: A Party that provides police assistance under the terms of this Agreement or that regularly employs one or more Police Officers who exercise Police Powers within the territorial limits of any other Party under the terms of this Agreement Section 3.0 Term of Agreement It is the intent of the Parties to conduct this partnership on a continuing basis and to hold periodic reviews as the Parties determine and deem necessary to ensure that the agreement is meeting the mutual aid wants and needs of all the Parties hereto. To this end, this Agreement shall be effective as the date of signature by the Parties and shall remain in effect thereafter until terminated. This Agreement will be maintained by the Secretary of the Middlesex Chiefs of Police Association or his or her designee. Section 4.0 Termination of Agreement Any Party may unilaterally withdraw from this Agreement at any time upon thirty (30) days prior written notice to all Parties. Section 5.0 Amendment of Agreement This Agreement may be amended from time to time only by a specific writing duly executed by all the Parties. Section 6.0 Obligations and Responsibilities 1 Absence of a Party from Attachment A will not vitiate its status as a Party as long as this Agreement has been signed on its behalf and it has not withdrawn from this Agreement as provided herein. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 15 of 17 6.01 Authority of Officers. The police powers, rights, privileges and immunities of any Police Officer employed by a Party to this Agreement shall extend within the territorial limits of each other Party to this Agreement while such Police Officer operates within the territorial limits of a Receiving Party in accordance with this Agreement, either pursuant to an Official Request or Self-Activation. Operating within the territorial limits of a Receiving Party in accordance with this Agreement shall not cause a Police Officer to be considered for any purpose to be an employee of the Receiving Party. All employment rights, compensation, and benefits, including but not limited to the provisions of M.G.L. c. 41, § 111F and/or M.G.L. c. 32 § 94, shall remain the responsibility of the Sending Party. Notwithstanding the foregoing, any Party may be reimbursed in accordance with this Agreement and shall be entitled to the liability and indemnification protections as outlined herein. Any citizen or other complaints or investigatory or disciplinary action arising out of the conduct of any Police Officer acting pursuant to this Agreement shall be treated as if the Officer had been operating within the territorial limits of the Sending Party at the time of the incident(s) or conduct at issue, unless otherwise agreed upon by the Sending Party and the Receiving Party. 6.02 Command and Control. When exercising Police Powers pursuant to this Agreement, Police Officers shall report as soon practically possible to the Commanding Officer of the Receiving Party (either in person or by radio or other alternative electronic device), and shall be under the direction and control of said Commanding Officer during the duration of the operation, event or incident in connection with which the Police Officer i s exercising Police Powers. The Commanding Officer of the Sending Party may recall the Police Officers and equipment of the Sending Municipality at the Commanding Officer’s sole discretion. 6.03 Official Request. Any Party or its designee may request assistance from any other Party for any valid law-enforcement purpose, including but not limited to the purposes set forth above in Section 1.0 (Purpose & Authority) and as detailed below in Section 6.04 (Self- Activiation). Any Official Request should include all pertinent information such as the nature, location, and expected duration of the event or situation giving rise to the Official Request; the number of Police Officers requested, including specialty requirements; the type of equipment and logistical support needed; the location to which Police Officers should report; and the name of the supervising officer or Commanding Officer to whom Police Officers should report. This Agreement is not intended to impose any obligation on any Party to respond to any Official Request. 6.04 Self-Activation. A Police Officer who observes or becomes aware of any violation of law within the territorial limits of any Party (including the Sending Party), may exercise Police 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 16 of 17 Powers within the territorial limits of any Party for the purpose of preventing harm to the public; preventing loss or damage to property; engaging and stopping unlawful behavior; investigating possible criminal violations; increasing the capability of all Parties to protect the lives, safety, and property of people in the area; detaining offenders pending arrival of a Police Officer of the Receiving Party; enforcing or investigating any traffic-related incident or violation, whether or not it was originally observed in territorial limits of the Send ing Party; and fresh-and-continued pursuit or exigent circumstances as otherwise authorized by law. 6.05 Notification to Receiving Party of Exercise of Police Powers. Whenever Police Powers are exercised by a Police Officer in a Receiving Party pursuant to this Agreement, the Commanding Officer of the Receiving Party shall be notified promptly, given the circumstances, by the Police Officer exercising the Police Powers so that arrangements can be made for any arrestee to be transported to the appropriate police headquarters to undergo the required administrative booking process in the jurisdiction where the arrest occurred or other appropriate administrative action may be taken. Such notification is intended to ensure that the Police Officer has properly r ecorded all of the facts and circumstances of the arrest or other police action, the appropriate biographical data of any involved persons, and the documentation necessary for the effective prosecution of any criminal defendant in a court of proper jurisdiction. 6.06 Powers of Police Officers. The powers of all the Police Officers operating under this Agreement shall remain in full force and effect for the duration of this Agreement unless any of the following should occur:  Separation of service from the employing agency;  The Chief of Police or designee of the Sending Party imposes a restriction on the Police Officer’s authority to exercise Police Powers in accordance with this Agreement. 6.07 Costs and Expenses. Each Party to this Agreement shall assume and be responsible for paying all of its own personnel costs, including, but not limited to, the salaries, overtime premiums, and disability benefits payable to its own Police Officers, and all of its own equipment costs, including, but not limited to, damage to or loss of its own equipment, and use of fuel, ammunition and other expendable supplies; provided, however, that the Receiving Party, if an Official Request has been made, shall reimburse the Sending Party for such payments to the extent there is insurance coverage available to do so and/or any Federal or State grant funds and/or emergency funds (e.g., in the event of a natural disaster) available to do so. Section 7.0 Liability and Indemnification Each Party to this agreement agrees to assume its own defense and hold each other Party, its agents, servants, and employees harmless from all suits and claims brought by third parties arising out of any act or omission committed by that Party or its Police Officers. 2A –Lexington Police Department’s Jurisdiction Policy & Procedure Page 17 of 17 Section 8.0 Successors and Assigns The provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns and the public body or bodies succeeding to the respective interests of the Parties. Section 9.0 Section Headings The headings of the Sections set forth herein are for convenience of reference only and are not part of this Agreement and shall be disregarded in constituting or interpreting any of th e provisions of this Agreement. Section 10.0 Execution of Counterparts This Agreement may be executed in any number of counterparts. All such counterparts shall be deemed to be originals and together shall constitute but one and the same instrument. Section 11.0 Stability of Agreement This Agreement is to be construed in accordance with the laws of the Commonwealth of Massachusetts and the Ordinances/Bylaws of the Parties. This Agreement, along with any referred to Attachment(s), embodies the entire agreement between the Parties hereto, and each Party acknowledges that there are no inducements, promises, terms, conditions or obligations made or entered into other than those contained herein. Section 12.0 Invalidity If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining terms and provisions shall not be affected and shall remain in full force and effect. Section 13.0 Non-Waiver The failure of any Party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of such provisions or of the right of such party th ereafter to enforce any such provisions. Section 14.0 Legal Advice The Parties acknowledge that each has had the opportunity to fully discuss and review the terms of the Agreement with an attorney. Each Party further acknowledges that it has carefully read the Agreement, understands its meaning and intent, and freely and voluntarily assents to all of the terms and conditions hereof, and signs the Agreement of his or her own free will.