2.1 - Lafourche Parish Sheriff`s Office

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LAFOURCHE PARISH SHERIFF’S OFFICE
SHERIFF CRAIG WEBRE
GENERAL ORDER
NUMBER 2.1
Chapter 2
Effective Date
AGENCY JURISDICTION AND MUTUAL AID
04/03/2000
Subchapter 2.1
Amended Date
AGENCY JURISDICTION AND MUTUAL AID
04/21/2009
Standards 1-4
2.1.1
2.1.2
2.1.3
2.1.4
BY ORDER OF
Geographical Boundaries
Concurrent Jurisdiction
Written Agreements for Mutual Aid
Requesting Assistance: Federal Le/National Guard
2.1.1
CRAIG WEBRE, SHERIFF
GEOGRAPHICAL BOUNDARIES
The jurisdiction of the Lafourche Parish Sheriff's Office is consistent with the
geographical boundaries of the Parish of Lafourche and bounded by the parishes of
St. James, Assumption, St. Charles, St. John, Jefferson, and Terrebonne. The official
geographical map is located in the Communications Center.
2.1.2
CONCURRENT JURISDICTION
Pursuant to Article 5, Section 27, of the Louisiana Constitution:
In each parish a sheriff shall be elected for a term of four years. He shall be the chief
law enforcement officer in the parish, except as otherwise provided by this constitution,
and shall execute court orders and process. He shall be the collector of state and
parish ad valorem taxes and such other taxes and license fees as provided by law.
A.
The Lafourche Parish Sheriff's Office shares concurrent jurisdiction with the
following state and local agencies:
1.
Louisiana State Police Troop C (LSP) – Concurrent jurisdiction for
enforcement of laws. The primary focus of the Louisiana State Police
is on highway safety, traffic, and crash investigations on state and
federal highways to include all public roadways. The Lafourche
Parish Sheriff's Office also performs safety enforcement and
investigates crashes in Lafourche Parish. Investigations of complex
crashes such as train derailments or traffic crashes involving a
fatality shall be deferred to Louisiana State Police Troop C.
2.
Louisiana Department of Public Safety and Corrections – Concurrent
jurisdiction with the Louisiana Department of Public Safety and
Corrections, Probation and Parole section. The Lafourche Parish
Sheriff’s Office shall assist in the execution of warrants and shall
house those persons with probation and parole violations.
3.
Louisiana Department of Wildlife and Fisheries (LDWF) – Concurrent
jurisdiction for enforcement of fishing and game violations. The
Lafourche Parish Sheriff’s Office, in general, shall defer all fishing
and game enforcement to Louisiana Department of Wildlife and
Fisheries. Lafourche Parish Water Patrol deputies are equipped with
Louisiana Department of Wildlife and Fisheries citation books and
are authorized to issue fishing and game violation citations and to
share in the investigations of crashes on the Lafourche Parish
waterways.
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Subchapter 2.1
AGENCY JURISDICTION AND MUTUAL AID
GENERAL ORDER NO. 2.1
4.
Louisiana Alcohol Tabacco Control Board (ATC) – Shall defer to
Alcohol Tobacco Control for regulatory matters under their
jurisdiction on licenses and regulation of alcoholic beverage and
tobacco outlets.
5.
State Fire Marshall – Shall assist in enforcement of criminal
violations and shall support the Fire Marshall on regulatory matters.
Cases of arson shall be deferred to the State Fire Marshall.
6.
Nichols State University Police Department (NSUPD) – Concurrent
jurisdiction for enforcement of criminal laws on campus. The
Lafourche Parish Sheriff’s Office shall defer cases occurring in their
jurisdiction to Nichols State University Police Department, assist
when requested, and conduct complete investigations when
originated outside of the Nichols State University Police Department
jurisdiction.
7.
Greater Lafourche Port Commission (GLPC)/Harbor Police
Department (HPD) – Concurrent jurisdiction in Ward 10 of Lafourche
Parish which comprises all of lower Lafourche Parish south of the
Intracoastal Waterway. The Lafourche Parish Sheriff’s Office is the
primary law enforcement agency handling investigative reports and
follow-ups in the Greater Lafourche Port Commission’s jurisdiction.
The Harbor Police Department assists and/or may handle initial
responses to minor complaints. Lafourche Parish Sheriff’s Office
shall defer enforcement of Greater Lafourche Port Commission
ordinances to the Harbor Police Department. The Lafourche Parish
Sheriff’s Office provides “back-up” dispatching to the Harbor Police
Department.
8.
Thibodaux Police Department (TPD) – Full service law enforcement
agency. Jurisdiction is within the municipality of the City of
Thibodaux. Generally, matters within their jurisdiction shall be
deferred to Thibodaux Police Department. The Lafourche Parish
Sheriff’s Office shall provide backup as needed. Lafourche Parish
Sheriff's Office shall maintain authority in matters originating
outside of Thibodaux Police Department jurisdiction that proceed
into Thibodaux Police Department jurisdiction.
a.
The Lafourche Parish Sheriff’s Office will work in a
cooperative fashion to make available added mounted law
enforcement services in the city of Thibodaux.
9.
Lockport Police Department (LPD) – Lafourche Parish Sheriff's Office
provides primary call taker and dispatching service for Lockport
Police Department. The Lockport Police Department shall maintain
all investigative reports and follow-ups occurring within their
jurisdiction. Routine criminal matters originating within Lockport
Police Department jurisdiction shall be deferred to Lockport Police
Department. The Lafourche Parish Sheriff’s Office shall provide
investigative and law enforcement back-up support.
10.
Golden Meadow Police Department (GMPD) – The Lafourche Parish
Sheriff's Office provides primary call taker and dispatching service
for Golden Meadow Police Department. The Golden Meadow Police
Department shall maintain all investigative reports and follow-ups
occurring within their jurisdiction. Routine criminal matters
originating within the Golden Meadow Police Department’s
jurisdiction shall be deferred to the Golden Meadow Police
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Subchapter 2.1
AGENCY JURISDICTION AND MUTUAL AID
GENERAL ORDER NO. 2.1
Department. The Lafourche Parish Sheriff’s Office shall provide
investigative and law enforcement back-up support.
a.
11.
Constables – Each of the elected constables shall assist the Justice
of the Peace within their respective district. The Lafourche Parish
Sheriff’s Office shall be the primary law enforcement agency and
shall supply each of them with necessary support, backup, and
investigative services.
Note:
B.
The Golden Meadow Police Department utilizes the
Lafourche Parish Sheriff’s Office item numbers for all calls
for service within their jurisdiction. Therefore, Golden
Meadow Police Department Officers shall adhere to the
Lafourche Parish Sheriff’s Office radio procedures for
requesting documentation of activity within the municipality
and also during the hours Lafourche Parish Sheriff’s Office
Communications Equipment Operators dispatch for them.
The Lafourche Parish Sheriff's Office requests photo copies of
each meeting agenda of all units of government that have the
ability to enact ordinances and publish meeting agendas be
forwarded to the Accreditation Manager. The Accreditation
Manager shall copy each meeting agenda and distribute to
the Command Staff. The Accreditation Manager and the
Command Staff shall review each meeting agenda to
determine if any items affect the Lafourche Parish Sheriff's
Office. Any such items shall be directed to the Chief Deputy
or the Criminal Department Head for evaluation and
recommendations to be forwarded to the Sheriff for
coordination and response.
The Lafourche Parish Sheriff’s Office shall house all prisoners for the
preceding agencies as none of these listed agencies maintains its own jail
facility.
2.1.3 WRITTEN AGREEMENTS FOR MUTUAL AID
A.
All mutual aid requests are to be handled consistent with Louisiana R.S.
33:2337, which states:
La. R.S. 33:2337 Mutual aid; local police departments
A.(1)
In the event of an emergency or a special event and upon the request
of another police department or sheriff’s office, by the chief of police,
the sheriff, or their designees of that department on duty at the time of
the emergency or special event, a political subdivision may furnish
police manpower and equipment if the chief of police, the sheriff, or
their designees on duty, of the police department or sheriff’s office
receiving the request for aid is of the opinion that such police
manpower and equipment are available.
(2)
If the responding agency agrees to provide mutual aid, the personnel
of the responding agency shall report to and shall work under the
direction and supervision of the senior officer of the requesting agency
on duty at the time that the request for aid is made. During the
emergency or special event the personnel of the responding agency
shall have the same law enforcement authority as the personnel of the
requesting agency. Police manpower and equipment may be recalled
at the sole discretion of the highest-ranking officer on duty of the police
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Subchapter 2.1
AGENCY JURISDICTION AND MUTUAL AID
GENERAL ORDER NO. 2.1
department furnishing police manpower and equipment. During the
emergency, the responding agency shall be considered the agent of the
requesting agency.
B.
(3)(a)
“Emergency” means an actual or potential condition that poses an
immediate threat to life or property and exceeds the capability of the
requesting agency to counteract successfully.
(b)
“Special event” means an actual or potential situation that poses or
may pose a threat to life or property because of the number of people
involved and exceeds the capability of the requesting agency to
counteract successfully.
B.
In situations where mutual aid is utilized, radio communications shall
be established, if possible, through the radio systems patch, or one of
the officers shall maintain personal eye to eye contact with an officer
of the other agency and pass information between agencies.
C.
The provision of mutual aid shall not give rise to liability or
responsibility for failure to respond to a request for assistance.
D.
Nothing contained in this Section shall be construed to limit the
responding agency’s authority to apply for, administer, and expend
any grants, gifts, or payments in aid of homeland security, disaster
prevention, preparedness, response, or recovery.
Deputies shall not make requests for mutual aid with little or no basis, and
responding deputies shall be relieved of all obligations as soon as it can be
done safely. In deciding to grant requests for mutual aid, supervisors shall
not jeopardize the safety of the citizens of Lafourche Parish.
1.
In every case where mutual aid is requested by or from the Lafourche
Parish Sheriff's Office, the Sheriff shall be notified as soon as
possible. A written report detailing the specifics of the request shall
be prepared and forwarded to the Criminal Department Head for
review.
C.
During business hours, the Sheriff, Major, or member of the Command Staff
shall be consulted to make or honor a request for mutual aid, if practical,
prior to submitting mutual aid. In cases of an emergency, the Patrol Shift
Supervisor on duty shall be designated to make or honor this request (e.g., a
riot where assistance is requested).
D.
Supervisors making requests for assistance for agencies to respond to
Lafourche Parish shall make it clear to responding agencies that they are
under the supervision of the Lafourche Parish Sheriffs Office while honoring
the request. Failure to abide by this chain of command shall result in the
termination of assistance. Similarly, when responding to another agency’s
request for assistance, it shall be made clear to deputies responding from the
Lafourche Parish Sheriff's Office that they are under the supervision of the
requesting agency, however, members of the Lafourche Parish Sheriff’s Office
shall not violate Lafourche Parish Sheriff’s Office policy and procedures and
state or local statues in fulfilling a request for mutual aid. If unclear, seek
supervisory clarification.
E.
Lafourche Parish Sheriff’s Office radios shall be provided to responding
agencies if at all possible. If not, Lafourche Parish Sheriff’s Office personnel
shall pair off with personnel from other agencies. Provisions for radio
communications should be made in advance whenever possible.
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Subchapter 2.1
AGENCY JURISDICTION AND MUTUAL AID
2.1.4
GENERAL ORDER NO. 2.1
F.
All efforts shall be made to respond to all requests for assistance. No charge
shall be made unless agreed upon prior to responding.
G.
Review and revisions to procedures used during a mutual aid response shall
be performed as circumstances dictate.
REQUESTING ASSISTANCE:
NATIONAL GUARD
FEDERAL
LAW
ENFORCEMENT
OR
Only the Sheriff, or his designee, shall make requests during emergency situations.
Additional support required shall be summoned through the appropriate channels for
each particular agency. Any request for National Guard or Federal assistance shall
be made pursuant to:
La. R.S. 29:722 Purpose
A.
Because of the existing possibility of the occurrence of emergencies and
disasters of unprecedented size and destructiveness resulting from terrorist
events, enemy attack, sabotage, or other hostile action, or from fire, flood,
earthquake, or other natural man-made causes, and in order to ensure that
preparations of this state will be adequate to deal with such emergencies or
disasters, and in order to detect, prevent, prepare for, investigate, respond to,
or recover from these events, and generally to preserve the lives and property
of the people of the state of Louisiana, it is hereby found and declared to be
necessary:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
B.
To create and provide for designation of the governor’s Office of
Homeland Security and Emergency Preparedness as the state
homeland security and emergency preparedness agency and to
authorize the creation of local organizations for emergency
preparedness in the political subdivisions of the state.
To confer upon the governor and upon the parish presidents the
emergency powers provided in this Chapter.
That statewide and local plans for homeland security and emergency
preparedness be prepared and approved without further delay and be
maintained current to the maximum extent possible.
To reduce vulnerability of people and communities of this state to
damage, injury, and loss of life and property resulting from natural or
man-made catastrophes, riots, acts of terrorism, or hostile military or
paramilitary action.
To prepare for prompt and efficient evacuation, rescue, care,
and treatment of persons victimized or threatened by disasters
or emergency.
To provide a setting conducive to the rapid and orderly start of
restoration and rehabilitation of persons and property affected
by emergencies or disasters.
To authorize and provide for cooperation in emergency or
disaster prevention, mitigation, preparedness, response, and
recovery.
To authorize and provide for management systems embodied
by coordination of activities relating to emergency or disaster
prevention, mitigation, preparedness, response, and recovery
by agencies and officers of this state, and similar state-local,
interstate, and foreign activities in which the state and its
political subdivisions may participate.
It is further declared to be the purpose of this Chapter and the policy of the
state of Louisiana that all homeland security and emergency preparedness
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AGENCY JURISDICTION AND MUTUAL AID
GENERAL ORDER NO. 2.1
functions of the state be coordinated to the maximum extent possible with the
comparable functions of the federal government, other states and localities,
and private agencies of every type, to the end that the most effective
preparation and use may be made of the resources and facilities available for
dealing with any emergency or disaster that may occur.
C.
It is further declared to be the purpose of this Chapter and the policy of the
state of Louisiana that all homeland security and emergency preparedness
functions of the state shall follow the principles outlined in the National
Incident Management System (NIMS) or its successor
La. R.S. 29:7 Calling militia for active service by governor; homeland security and
emergency preparedness; public emergency
(1)
The governor may, with or without a declaration of emergency, order into the
active service of the state any part of the National Guard, Louisiana State
Guard, or militia:
(a) To provide for homeland security or emergency preparedness or otherwise
assist civil authorities.
(b) In the event of insurrection, invasion, or riot, or imminent danger thereof.
(c) In the event of public disaster or danger from flood, fire, storm, earthquake,
civil disturbances, or terrorist events.
(d) In order to detect, prevent, prepare for, investigate, respond to, or recover
from any of the foregoing.
(e) To assist the civil authorities in guarding prisoners.
(f)
In response to a national or state emergency or a congressional
authorization or presidential declaration pursuant to the War Powers
Resolution (50 U.S.C. 1541 et seq.).
(g) To provide support to other states under an Emergency Management
Compact (EMAC).
(2)
For any of the reasons provided for in this Section, the governor may order the
active National Guard into the active service of the state in either a state active
duty status or to active duty pursuant to Title 32 of the United States Code, if
Title 32 duty is approved by national command authorities.
(3)
The adjutant general may order into the active service of the state any member
or unit of the National Guard or Louisiana State Guard for nonemergency
purposes which are necessary and attendant to the mission of the state
Military Department.
B.
When called to state service by the governor as provided in Subsection A,
whether on state active duty or active duty pursuant to Title 32, United States
Code, members of the Louisiana National Guard and Louisiana Military Police
shall, unless otherwise restricted by the executive orders, proclamations, or
regulations or the orders of their commander, have all of the powers and
authority of peace officers, including but not limited to the powers to make
arrests, to perform searches and seizures, to execute criminal warrants, and to
exercise such other powers and duties of a peace officer as are reasonably
necessary to preserve the lives, property, and security of persons in the subject
civil jurisdiction, all in accordance with the laws and constitutions of Louisiana
the United States of America.
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AGENCY JURISDICTION AND MUTUAL AID
GENERAL ORDER NO. 2.1
C.
When the active national guard, or a part thereof, is called to duty under the
constitution and laws of the United States of America, the governor shall order
into service the remaining units of the active national guard, if any, or any part
thereof that is necessary.
D.
If the number of persons available from the active national guard is not
sufficient, he shall order out whatever part of the unorganized militia
necessary. During the absence of active national guard organizations in the
service of the United States of America, their state designations shall not be
given to new organizations.
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