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2020/10/28 Special Weapons and Tactics Team (SWAT) Southwest Cities, Menifee Police DepartmentSouthwest Cities Special Weapons and Tactics Team MEMORANDUM OF UNDERSTANDING Memorandum of UnderstandinS...... Section 1: Term Definitions... ..... . Section 2: History and Establishment of Consolidated Team.... Section 3: Name of Consolidated Team... Section 4: Mission Statement... ..... Section 5: Execr-rtive Structure Section 6: lncident Command Structure.... Section 7r SWAT lncident Chain of Command Section 8: Activation Procedures Section 9: Compensation and Coverage.. Section 10: Training and Equipment. ,. ... ... Section 11: Budget.. ... Section 12: Jurisdiction, Policies and Procedures Sectron 13: Liability. .. Section 14: Nondiscrimination Clause. Section 15: Amendments to the Memorandum of Understanding. Section 16: Terms of the Memorandum of UnderstandinS . . . Section 17. l/inimum Statfing Section 18: On Boarding of Menifee PD Section 19: Executive Staff (Chief) Signatures.......... .. Section 20: City Manager Signatures.. . .. . 0 ............Page 1 ......... Page 1 . .........Page 2 .....,,,..,,Paqe 2 ........... Page 3 Page 3 ..,..,.Page 3 .. .Page 5 ...., Page 6 ..... Page 7 .... .Page 8 ...... Page 9 .... .Page 10 ....,. Page 10 ...... Page 10 Page 10 ......Page 10 ....,.Page 10 ......Page 11 . . ... ..Page 1 1 .......Page 12 Southwest Cilies Special Weapons and Tactics Team MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into by the Munieta Police Department, the Hemet Police Department and the Menifee Police Department in order to establish guidelines for the funclional consolidation of the three department special weapons and tactics units. Section 1: Term Definitions 1.1 Venue Aqency: The agency with criminaljurisdiction over the incident requiring SWAT response. 1.2 S$/AT Deolovment: A SWAT deployment occurs when the SWAT Commander or his/her designee initiates a SWAT mission or takes control of an incident, including a pre-planned SWAT related event. 1.3 Command Post: The area desi gnated for command and support 1.4 personnel to work during the incident. Command and Control: This includes planning, organizing, staffing, directing and coordinating the overall SWAT operation. 1.5 &ea-Clrglaty:\gllr-S4y: Authority given by the SWAT Commander to element leaders to react to immediate threats based on specific information that could result in death or great bodily injury to cltizens, hostages or otficers. 1.6 Emerqency Order: An order given by the SWAT Commander to a specific team member (ex. sniper) or the entire team that may appear to not fall vlthin department policy (ex. SWAT CO gives order to take a particular action at the next available opportunity based on very specific and imminent information received by command and control.) All Emergency Orders must meet the standards set forth in the California Penal Code with regard to deadly force applications. 1 ,7 Standard Call Out Dspl6rTmcnt: SWAT is activated , team members arrive at staging location, assemble teams and equipment, receive a mission and deploy. SWAT CO or designee establishes mission and authorizes deployment. 1.8 Pre-Plarrned Mission: A SWAT related non-eme rgency request for high risk search warrant service, dignitary protection, or other tactical operation from detective bureau, outside agency, or command staff. All pre-planned mission requests shall go through the SWAT Commander, 1.9 Ernerqencv Deolovme nt: SWAT personnel arrive and immediately prepare for corrtainment or rescue. Personnel self-deploy to tactical posittons and advise over operational radio channel of their position and provide r-rpdated information to aniving SWAT personnel. The Senior SWAT Operator on scene is designated as the team leader and is responsible for command and conlrol until relieved by a higher ranking team member. Section 2: Histcry and Establishment of the Gonsolidated Team ln 1998, a hostage situation developed in the City of Hemet which taxed the rescurces of the 1O-member Hemet Police Special Operations Unit. Conrmand staff authorized a mutual aid request to the Munieta Police Department for deployment of the Murrieta Police Department SWAT tearn. The Hemet and Murrieta teams worked together during that operation and successfully resolved the incident. The leadership of both departments recognized the need for a more forl,laiiy cornbined team. The two teams began training together twice-a- month and developed a very positive relationship. Since that time, the He'ilet and l,,lurrieta teams have trained together and deployed jointly on over 100 SWAT activations. ln July 2020, The [Vlenifee Police Depa(ment began providing police services to the citizens of Menifee. The command staff of all three agencies agree that the consolidation of their special weapons and tactics units inio one tearn will benefit the citizens of all three communities by sharing resources and equipment and formalizing a joint effort which is already in place. The formal consolidation will allow for agreements to be raade in advance on such issues as training, team structure, incident command, equipment, and liability. The puroose of this MOU is to establish a Special Weapons and Tactics Team comprised of personnel, equipment and resources from the three agencies, and to charge that combined team with the responsibility of providing SWAI services to all three cities. Section 3: Narne of Consolidated Tearn The name of the consolidated team shall be: "Soufhwest Cities Special Weapons and Tactics Team" 1 Section 4:Mission Statement The mission of the Southwest Cities Special Weapons and Tactics Team is to provide a professional, fully equipped and trained tactical team, consisting of members and equipment from three departments, capable of handling crisis situations, extraordinary events and training which are beyond the normal capabilities of other units within the departrnents. The goal of the Southwest Cities Special Weapons and Tactics Team is to minimize the potential loss of life or great bodily injury to officers and the public they serve. To this end, the team will maintain the highest level of operational readiness through the development of sound tactical strategies (best practice) and innovative training programs. Section 5: Executive Structure (Roles and Responsibilities) 5.1 : Executive Staff The executive staff of the Southwest Cities Special Weapons and Tactics Tearn shall be the Chiefs of Police fronr each agency. Any executive staff member or designee can assume the role and responsibility of the SWAT CO at any SWAT action or incident under the following circumstances:o The SWAT CO is unfit to fulfill his/her duties.c The SIVAT CO orders or directions are unlaMul/immoral/unethical.o The SWAT CO orders or directions are not consistent with best p!'actices related to SWAT deployments and tactics. Executive staff from each department will designate a police captain to advise and/or act in their absence. 5.2: Command Staff Tlie comrnand staff of the Southwest Cities Special Weapons and Tactics ream shall consist of a police captain and a police lieutenant from each participating department as selected by executive staff. A SWAT commander shall be designated by the executive staff and serve at their direction. The SWAT Commande/s length of service shall also be determined by lhe executive staff. Section 6: lncident Command Structure (Roles and Responsibilities) 6.1 SWAT Cor.nmande[ The SWAT Commander (CO) is a lieutenant who is directly responsible for all Southwest Cities Special Weapons and Tactiqs Team actions. The designated lieutenant (CO) will ensure the operational readiness of the team. 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OX IVMS aql 'OC aq1 ,{q peuOrsse se ueel aql lo sarlnp a^rleJlsrulurpe peuorsse sr or-l/\^ lueualnall e sl ox JVA S aql (roppal uorssrt^l) ra)llro o^itncoxl 1V^4S Z'9 '1sod puetuuroc aq1 ;e pa{o1dap i(plensn sr OC 1VMSaql 'o3 LvMS orll Jo ,llllqlsuodsa.r aql are suorie[o6au srsr.rc ;o uoucajlp JOpPA'l u.JPal J 6.6 Cn515-_llegs.!-a!o!S_Tcarn_Lea.der The Crisis Negotiations Team Leader is a sergeant or corporal who is responsible for the direction and scope of negotiations during a deployment. The Crisis Negotiations Team Leader will clear the actlvities of the crisis negotiators through the SWAT Commander. 6.7 Venue Aqency !-iaison Oflicer The Venue Agency Liaison Officer is a senior staff member (usually a captain or lieutenant) from the venue agency assigned to the SWAT incident as a liaison for venue agency personnel. The Liaison Officer is assigned lo the command post. Together with the SWAT CO and Mission Leader the Liaison Officer identifies the mission the venue agency wants to accomplish with the incident. The tactical methods and personnel used to accomplish the mission are the responsibility of the SWAT CO. 6.8 Corr:inar-rcl Pr:st Su pLo_(le-ao Leadel The CP Support Team Leader is an officer responsible for providing support services related to the incident. The CP Support Team Leader is generally responsible for the setup and operation of the command post and all related CP equipment. The CP Support Team Leader is assigned to lhe command post and reports to the SWAT Commander. 6.9 Tactit-'al M ic Team The Southwest Cities Special Weapons and Tactics Team has a program estabiished for tactical medicine delivery during SWAT incidents. A Tactical Medic Team Leader will be designated by the SWAT CO to oversee all tactical medics from each participating agency. The Tactical l!'ledic Leader is a Fire Captain or Fire Medic who is responsible for the furictional supervision, as well as training standards, for all of the tactical medics assigned to the Southrvest Cities Special Weapons and Tactics Team. The Tactical tuledic Team Leader reports to the assigned Tactical Element Leader as assigned by the SWAT CO during SWAT missions. 6.10 Venue noencv Watcn The Watch Commander is the ranking officer from the venue agency who is assigned command of patrol operations in the venue jurisdiction not related to the SWAT deployment. Until the Venue Agency Liaison Officer anives on scene, the Watch Commander acts as a liaison to the SWAT Commander in order to coordinate the SWAT deployment in the venue jurisdiction. Section 7: SWAT lncident Chain of Command The lncident Chain of Command applies only to personnel assigned to the deployment. lt is understood that ofiicers from all agencies may fall under the command or supervision of a ranking member of the other agency. 5 L i L t Section 8: Activation Procedures B1 Standard SW AT Activation SWAT tearn activations generally invclve suspect(s) that are reasonably be!ieved to be armed (traditional and non{raditional weapons) and are eligible for arrest (felony). A SWAT team activation can prevent loss of life, as well as in.luries to officers, citizens and suspects. Activation will generally rncrease the probability of ending the incident in a peaceful manner. Southwest Crties Special Weapons and Tactics Team actlvation ciecisions are made by the SWAT CO or designee. (See: Attachment A for Standard SWAT Aclivation Guidelines). lrrrtiat;nq an Em eroencv SVI/AT Dc Diovment When an incident arises in any of the venue agency lurisdictions which meets the criteria for an emergency SWAT deployment, a request will be made through the venue agency dispatch center requesting an emergency SWAT activation. The SWAT Commander will be immediately notified by the venue agency Watch Commander or his/her designee of the circumstances surrounding the incident. The SWAT Commander or designee will initiate an Emergency SWAT Deployment if criteria is met. r---...i --t 'l Participating agencies agree to activate their team at the request of the SWAT Commander unless extenuating circumstances exist. (See: Attachment F tor Emergency SWAT Deployment Guidelines) 8.2 Use of SWAT Threat Assessment F orm The SWAT threat assessment form shall be used by all agencies personnel, regardless of assignment, when engaged in the operational planning of a search and/or anest warrant. This form is to be used as a means to evaluate the need for assistance from the SWAT team and to ensure conformity in the application and use of the special weapons team (See: Attachment B for lhreat Assessment Form)- itlutual Aid R CStS ln the event that any participating agency receives a request from another jurisdiction for a mutual aid SWAT activation, the SWAT Gommander will be notified and has the authority to either accept or deny the request- Section 9: Compensation and Coverage 8.3 9.1 Perv and Compensation Each participating agency will provide for the coverage an d compensation of their agency's personnel assigned to a SWAT deployment in accordance with the agency's respective labor agreements' FLSA regulations and worker's compensation practices- 5.2 Reimbursernent During On Boarding of Menifee PD Hemet Police Department's personnel costs associated with any SWAT related incidents or evenls that fall within their jurisdiction during the "on boarding" period. lt is expected that on boarding will be completed in a reasonable amount of time, not longer than 36 months. Orr Boarcltnq Timeframe The trlenifee Police Department agrees to reimburse the Murrieta and Minim um Commltment Reimbursemerrt requirements will be null and vo id once the Menifee Police Department has committed at least'10 SWAT team members of the rank of sergeant or below to the regional team who are capable of and equippecl to be deployed in a SWAT incident or mission. Costs F-ersonnel costs are direct costs calculated at an hourly or overtime rate of pay. The Hemet and Murrieta Police Departments SWAT callout personnel costs are calculated at the time of the call out. (See: Aftachment E: July 2020 Cail Out Cost Ereakdown) 7 Reiir: br rrsernent and Billinq Considerations Each Menifee PD SWAT Operator added to the team will drop the cost sharing burden by 10%. Hemet PD and Munieta PD will bill based on the actual rates of the operators on scene, at their current pay rate during the incident. SIVAT Conrmand Staff has the authority to substitute a scheduled SV/AT training day lor a callout if deemed appropriate. Executive statf reserves the right to change this model at any time, including the billable hourly rates. Section 10: Training, Equipment and Qualification Standards 10.1 EouipmentOwnershiP Each participating agency will provide the training and equipment required for their personnel to perform the tasks associated with the SWAT mission. Equipment, vehicles and weapons shall remain the property of tt:e purchasing agency unless joint purchasing agreements are made outside the parameters of this MOU. 10.2 Llniforms 10.3 10.4 tVlinimurn Qualifi caticn Standard s ancJ Safetv Violations The Southwest Cities Special Weapons and Tactics Team will wear naly blue tactical BDU uniforms with a black colored undershirt and black boots. Sniper team members will wear mulli-cam colored BDU uniforms with green undershirts and tan colored boots' The specific deparlment shcuiCer patch will be attached to the right shoulder while the regional teanr shoulder patch will be attached to the left shoulder. Rank insignia fo. sergeanis and corporals will be worn on the BDU sleeve- Specific marrufictures or uniform styles will be at the discretion of SWAT Command Staff with final approval by the executive staff. Uniform costs are the respollsibility of each participating agency. Bestiup.d tadlga I--ESqPrnedttl" r"rponiiritity for ensuring a proper accounting and inventory of equipment, as well as overseeing the evaluation of equipment and tactics tails to the SWAT Command Staff group for Southwest Cities Special W.dapons and Tactics Team. Command staff will be advised by their respective team leaders on required equipment, including firearms. Once rnust SWAT personnel are selected by their re continue to meet rninimum standards in p spective agencies, they hysical fitness and firearms qualifications. (See: minimum standards detailed in Aftachment C & D)' The SWAT CO has the authority to temporarily suspend any SWAT personnel from the team in the event the team member fails to meet E minimum fitness and/or firearms standards, ln the event a team member does not meet the minimum standards detailed in attachments C and D, SWAT Command Staff will be advised as soon as practical. Remedial training and re-activation will be at the discretion of SWAT Command Staff. The SWAT CO has the authority to temporarily suspend SWAT personnel from the team in the event of a safety violation. SWAT Command Staff will be advised as soon as practical for all safety violations, on or off duty. Re-activation will be at the discretion of SWAT Command Staff. 10.5 Qqrnrnand Pos-t ln an effort to ensure team efficiency and prevent needless deployment of resources, command post deployment is the responsibility of the venue agency. The SWAT CO or Venue Agency Liaison Officer can request additional Command Posts if needed based on the incident or mission. The SWAT CO shall be notified by each department's command post representative anytime a command post is out of service and when it returns to service. 10.6 Ulilizi-:tiorr o[ Tactical E Ut ti)e nt A,ll tactical equipment available for use by the Southwest Cities Special Weapons and Tactics Team (regardless of ownership by any participating agency) is subject to call out by lhe SWAT CO. 10.7 Traininq The Southwest Cities Special Weapons and Tactics Team follows California POST guidelines and the California Tactical Officer's Association training best practices. Minimum training hours for all personnel must be met. Unexcused missed training days and IOD status of personnel shall be tracked by the SWAT CO or designee, Training needs antl training recommendations are evaluated and vetted by SWAT Command Staff. Every effort lo attend common classes by all agencies should be made. Section 11 Budget Budget is handled by each participating agency and is subject to a yearly review by the SWAT Command Staff group. All equipment purchased by a participating agency is the property ofthat agency. All personnel costs for each participating agency personnel are the responsibility of that agency. The purpose of the yearly budget review is to manage the shared assets of the Southwest Cities Special Weapons and Tactics Team and evaluate costs and budgetary needs on a yearly basis. Budget review should occur at mid-year if possible. Onboarding costs are covered in Section 9. e Section 12: Jurisdiction, Policies and Procedures Personnel assigned to the Southwest Cities Special Weapons and Tactics Team shall be deemed to be continuing under the employment of their respective jurisdiction and shall have the same powers, duties, privileges, responsibilities and immunities as are conferred upon lhem as peace officers operating in their own jurisdiction. Each participating agency member will be bound by the policies and procedures of his/her respective agency. (See: SWAT Emergency Order Exception - Section 1) Section 13: Liability For the purposes of indemnification, each participating agency shall be responsible for the actions of their personnel while assigned to a SWAT deployment and shall incur any liabilities arising as a result of the actions of assigned personnel. Each particioating agency agrees to defend and indemnify their personnel and to hold harmless the other agency in regards to any liability imposed by the acts of their personnel. Section 14: NondiscriminationClause Each participating agency will comply with Title Vl of the Civil Rights Act of 1964 and all requirements of the US Department of Justice (CFR, Part 42, C & D) issued pursuant to Title Vt relating to discrimination of the grounds of race, color, creed, sex, age or national origin. Section 15: Amendments to the Memorandum of Understanding Amendments to this MOU must be approved, in writing, by the Executive Officers of each participating agency. Section 16: Terms of Memorandum of Understanding This MOU shall become effective on the date all three participating Executive Officers have signed and shall remain in effect until discontinued by mutual agreement. Either participating agency may terminate the agreement by written notice to the Executive Officers of the other agencies. lt is understood that such notice will be accepted as termination by all parties. A 1 year notice of termination is required. Section 17: Minimum Staffing Each agency agrees to commit a minimum of 10 SWAT team members having ihe rankof sergeant or below' All 10 members must be capable of and equipped to be deployed in a SWAT incident or mission. t0 Section 18: On Boarding of Menifee PD Menifee PD will be allowed to join the Southwest Cities Special Weapons and Tactics Team in a teared process over a three year period beginning July 1, 2020 and ending June 30, 2023. Cost sharing specifics are determined by SWAT Executive Staff. (See: Section 9.2) Section 19: Executive Staff Signatures The undersigned represent the Hemet, Menifee and Murrieta Police Departments and have the authority to execute this agreement on behalf of their respective agencies. Sean Hadden, Chief of Police MURRIETA POLICE DEPARTMENT Date: c]€, --io 26)h I Eddie Pust, C fo olice HEfuIET POLI E PARTMENT Date 1-c-zc2 Pat Walsh,Chief of Police MENIFEE POLICE OEPARTMENT Date: 7 /6/,,) Section 20: City Manager Signatures The undersigned represent the City Manager authorizations for the Cities of Hemet, Menifee and Murrieta. The City Managers listed below report directly to their elected councils and have the authority to execute this agreement on behalf of their respective cities. Kim S ummers,City Manager City of Murrieta Date: a- [t- Zt Chris Lopez, Gity Manager City of Hemet Date: (olz.lhu Armando G, V City Manager City of Date: Meni n Lg ),n l2