3
CONTRACTUAL AGREEMENTS FOR LAW
ENFORCEMENT SERVICES
The provision of law enforcement services for which a fee is paid should be based on a precise contractual agreement. Necessary elements of the agreement include a description of the services to be provided, the cost of the services, how payments are to be made, the issuance of reports and keeping of records, as well as procedures for amendment, renewal, and cancellation. Provisions for any lawsuits or payments of damages that arise from the provided services should be included in the contract as should provisions for hiring and disciplining provider personnel for assigning specific duties to provider personnel and for establishing equipment and property ownership and use. Standards in this chapter pertain to the agency providing a law enforcement service.
Law enforcement service includes the following traditional public safety activities, which are performed over a specified time period: patrol services; investigative services; the housing of prisoners; communications performed for another law enforcement agency (note: this does not include dispatching services for fire or emergency medical service); automated or manual fingerprint identification; record keeping for law enforcement files; and property management.
This chapter does not pertain to those services that may be furnished by a commercial vendor, i.e., photo development, laboratory services, towing services, etc. Additionally, this chapter does not address extra-duty assignments, e.g., security at high school or university functions, sporting events, etc. (see 22.3.4).
3.1 Contractual Agreements
A written agreement exists governing law enforcement services provided by the agency and includes:a. a statement of the specific services to be provided;
b. specific language dealing with financial agreements between the parties;
c. specification of the records to be maintained concerning the performance of services by the provider agency;
d. language dealing with the duration, modification, and termination of the contract;
e. specific language dealing with legal contingencies;
f. stipulation that the provider agency maintains control over its personnel;
g. specific arrangements for the use of equipment and facilities; and
h. a procedure for review and revision, if needed, of the agreement.
Commentary:
The elements of contract law enforcement services should be identified in a written agreement. At a minimum, the subjects listed in the bullets of this standard should be addressed. Additional clauses may clarify other identified needs or agreements.(M M M M)
3.1.2 A written directive stipulates that employment rights of personnel assigned under a contract for law enforcement services are not abridged by the provider agency.
Commentary:
Participation in a contracted law enforcement service arrangement should not penalize participating employees nor should it in any way threaten their employment rights, promotional opportunities, training opportunities, or fringe benefits.(M M M M)