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. 2-1 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 2-2 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 2-3 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. 2-4 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 2-5 Subchapter 2.1 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. 2-6 Subchapter 2.1 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. 2-7