Mou/Moa - 2024 - Law Enforcement Services On The Greenbelt - 5/17/2024MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made and entered into on the date
of the last signature, by and between the ADA COUNTY SHERIFF'S OFFICE, the BOISE
POLICE DEPARTMENT, and the GARDEN CITY POLICE DEPARTMENT ("the
Parties");
WHEREAS, the Boise River Greenbelt System ("Greenbelt") runs through the
jurisdictions of unincorporated Ada County and the cities of Boise, Eagle, Star and Garden City,
and is owned, operated, and/or maintained by the respective jurisdictions; and
WHEREAS, the cities of Boise, Star, Garden City and Eagle are all Idaho municipalities
and Ada County is its own government entity; and
WHEREAS, the Boise Police Department ("Boise Police") and the Garden City Police
Department ("Garden City Police") have statutory authority to enforce the laws of the State of
Idaho and municipal code within the territorial limits of those two cities, regardless of county
boundaries; and
WHEREAS, the Ada County Sheriff's Office, acting in its capacity as the City of Eagle
police ("Eagle Police") and City of Star police ("Star Police") has statutory authority to enforce
the laws of the State of Idaho and municipal code within the territorial limits of those two cities,
regardless of county boundaries; and
WHEREAS, the Ada County Sheriff has statutory authority to enforce the laws of the
State of Idaho within the territorial limits of unincorporated Ada County; and
WHEREAS, it is the desire of the Parties to set forth a uniform set of parameters for use
of the Greenbelt to ensure safety and fair use for all users; and
WHEREAS, the Parties, along with other government agencies, are responsible for the
control, maintenance, and safety of the Greenbelt; and
WHEREAS, the Parties all have the statutory duty to provide law enforcement services
within their respective jurisdictions; and
WHEREAS, there is a need for each member of this MOU to grant authority to every other
member to enter their jurisdiction outside of the boundary to provide Greenbelt oriented law
enforcement services should the need arise; and
WHEREAS, Idaho Code § 67-2337(4) grants political subdivisions the express authority
to enter into mutual assistance compacts for extraterritorial authority of peace officers; and
WHEREAS, the Parties have a need to establish a cooperative working relationship for
the provision of law enforcement services upon the Greenbelt;
NOW, THEREFORE, the Parties agree to the following provisions for providing law
enforcement services to and on the Greenbelt:
MEMORANDUM OF UNDERSTANDING BETWEEN the ADA COUNTY SHERIFF'S
OFFICE, the BOISE POLICE DEPARTMENT, and the GARDEN CITY POLICE
DEPARTMENT — Page 1 of 9
1. PEACE OFFICER AUTHORITY
a) Grant of Authority. The Parties hereby recognize the authority to all other Parties to
enforce the laws within the territorial limits of the Greenbelt, as defined in Attachment A.
To the extent it is necessary, pursuant to Idaho Code § 67-2337(4), the Parties specifically
grant each other Party authority to enter their jurisdiction and provide law enforcement
services on and within the Greenbelt. Pursuant to Idaho Code § 67-2337(4), the Parties
acknowledge that each Parties' officers or deputies shall remain the employees of their
respective agency, and that each agency as the employing agency shall be responsible for
any liability arising from the acts of its employees while on the Greenbelt. The Parties
similarly acknowledge that they do not have an obligation under Idaho Code § 67-2337(5)
regarding notification of enforcement actions.
b) Officer Liability. Pursuant to Idaho Code § 67-2337(4), the original, employing agency
shall be responsible for any liability arising from the acts of its employees participating in
this MOU. As such, any action filed against any agency related to the services provided
pursuant to this MOU shall be defended by the appropriate office.
c) Deputy Complaints. In the event a complaint is received by any agency involving a deputy
or officer employed by another agency, the agency who received the complaint shall
immediately forward such complaint to the deputy's or officer's employing agency in order
to allow that agency to investigate the matter as would be required by the employing
agency's policy and procedures.
2. PROSECUTION AND INVESTIGATION COOPERATION
a) Greenbelt Ordinance or Code. As stated above, the purpose of this MOU is to provide
more unified enforcement of the Greenbelt. To aid in the ease in this enforcement, the
Parties agree to have some version of the ordinance/code found in Attachment A in their
municipal code or county ordinance. Further, prior to each Party's version of the
ordinance/code being amended, that Party shall inform each of the other Parties to ensure
the desired uniformity is met.
b) Prosecution Requests. The Parties agree to cooperate in maintaining open and direct
communication with each other. Prosecution of Greenbelt infractions and misdemeanors
shall be the responsibility of the jurisdiction where the violation occurred. The Parties may
specifically request that another Party handle the violation to avoid conflicts. The Parties
understand that they may receive requests for reports and investigation from the
jurisdiction handling prosecution of the violation and agree to promptly respond to such
requests.
c) NIRRS The Parties shall be responsible for performing their own National Incident Based
Reporting System ("NIBRS") reporting in their respective jurisdiction. In the case of
cross jurisdictional actions, the arresting officer's Party may submit a NIBRS report upon
written communication of such intent to the respective jurisdiction.
MEMORANDUM OF UNDERSTANDING BETWEEN the ADA COUNTY SHERIFF'S
OFFICE, the BOISE POLICE DEPARTMENT, and the GARDEN CITY POLICE
DEPARTMENT — Page 2 of 9
d) Exigent Circumstances. Although relieved of any notification obligations pursuant to
Idaho Code § 67-2337(5) as described above, all Parties will strive to advise dispatch and
other agencies of any law enforcement action that may extend beyond the standard limits
of their jurisdiction.
3. MISCELLANEOUS PROVISIONS
a) Lawful Jurisdiction. Nothing in this MOU shall be construed as either limiting or
extending the lawful jurisdiction of any Party hereto other than as allowed by applicable
law. The Parties may review this MOU and any written procedures on an as -needed basis
to evaluate the sufficiency of the procedures in addressing the needs of the Parties.
b) Covenants. Each Party, its officers/deputies, agents and employees, shall not be deemed to
have assumed any liability for the acts of any other Parties or any officers/deputies, agents
or employees thereof, and all Parties hereby covenant and agree to hold and save each Party
and all of its officers/deputies, agents and employees harmless from all claims whatsoever
that might arise against any Party, its officers/deputies, agents or employees, by reasons of
any acts or failures to act on the part of any Party, its off cers/deputies, agents or employees.
c) Amendment. No amendment, alteration or modification of this MOU shall be effective
unless duly signed by the Parties.
d) Non Agents. No Party shall have the authority to act for or as an agent of the other Party.
e) GoverningLaw. This MOU and its performance shall be construed in accordance with and
governed by the laws of the State of Idaho, with venue for any action brought pursuant to
this MOU to be in the Fourth Judicial District, State of Idaho.
f) Severability. In the event that any provision or section of this MOU conflicts with
applicable law, or is otherwise held to be unenforceable, the remaining provisions shall
nevertheless be enforceable and shall remain in effect.
g) Termination. This MOU will continue in full force and effect unless and until terminated
by the Parties. Any Party may terminate its involvement with this MOU by providing thirty
(30) days prior written notice to the other Parties.
h) Third -Party Relationships. Nothing contained herein shall create any relationship,
contractual or otherwise, with, or any rights in favor of, any third party.
i) Liability. Nothing contained herein shall extend the liability of any Party beyond that
provided by governing law.
j) Effective Date. This MOU is effective on the date indicated above the last party to execute
and deliver this MOU's signature line.
[Signatures on Next page]
MEMORANDUM OF UNDERSTANDING BETWEEN the ADA COUNTY SIiERIFF'S
OFFICE, the BOISE POLICE DEPARTMENT, and the GARDEN CITY POLICE
DEPARTMENT — Page 3 of 9
IN WITNESS WHEREOF, the Parties have set their hands and subscribed their names, the day,
month and year in this MOU as referenced above.
DATED this day of , 202_^ DATED this 17th day of May , 2024 .
latthew Clifford
Sheriff, Ada County Sheriff s Office
Jan BBennetts
Ada County Prosecutor
MEMORANDUM OF UNDERSTANDING BETWEEN the ADA COUNTY SHERIFF'S
OFFICE, the BOISE POLICE DEPARTMENT, and the GARDEN CITY POLICE
DEPARTMENT — Page 4 of 9
IN WITNESS WHEREOF, the Parties have set their hands and subscribed their names, the day,
month and year in this MOU as referenced above.
DATED thisday of .2024 DATED this day of l��1: �, ;'`� , 202`1
1
Travis Ruby
Chief, Eagle Police Department
Victor Ae-gas (/L
Eagle City Attorney
MEMORANDUM OF UNDERSTANDING BETWEEN the ADA COUNTY SHERIFF'S
OFFICE; the BOISE POLICE DEPARTMENT, and the GARDEN CITY POLICE
DEPARTMENT — Pa-e 6 of 9
IN WITNESS WHEREOF, the Parties have set their hands and subscribed their names, the day,
month and year in this MOU as referenced above.
1
DATED this ` day of i , �, i_,r , 202_. DATED this day o �c 202 _.
j
Cory Stan l iugh
Chief, Garden City Police Department
_y
/2-✓i/ ZZ //fJ
Charles I. Wadams
Garden City Attorney
MEMORANDUM OF UNDERSTANDING BETWEEN the ADA COUNTY SHERIFF'S
OFFICE, the BOISE POLICE DEPARTMENT, and the GARDEN CITY POLICE
DEPARTMENT — Page 7 of 9
IN WITNESS WHEREOF, the Parties have set their hands and subscribed their names, the day,
month and year in this MOU as referenced above.
DATED this � day of ' " ram& , 202 y . DATED this 1 St day of March , 2024
h Hessmg Chris Yorgas n
Chief, Star Police Department Star City Attorney
MEMORANDUM OF UNDERSTANDING BETWEEN the ADA COUNTY SHERIFF'S
OFFICE, the BOISE POLICE DEPARTMENT, and the GARDEN CITY POLICE
DEPARTMENT — Page 8 of 9
IN WITNESS WHEREOF, the Parties have set their hands and subscribed their names, the day,
month and year in this MOU as referenced above.
DATED this 29 day of A•1490-, 202f. DATED this day of , 202_.
Ron Winegar Jayme Sullivan
Chief, Boise Police Department Boise City Attorney
MEMORANDUM OF UNDERSTANDING BETWEEN the ADA COUNTY SHERIFF'S
OFFICE, the BOISE POLICE DEPARTMENT, and the GARDEN CITY POLICE
DEPARTMENT — Page 5 of 9
ATTACHMENT A
Control of Speed: No person shall travel upon the Greenbelt at a speed greater than, or in a manner
that is not, reasonable and prudent under the conditions and having regard to the actual and
potential hazards then existing. Violation of this provision is an infraction. However, if such
travel also endangers or is likely to endanger any person or property, then violation is a
misdemeanor.
Greenbelt: Land within seventy feet (70') of the six thousand five hundred (6,500) cfs flow line
of the Boise River which may be owned by the city [or county] or over which the city [or county]
may have a right of possession or use and: (A) which is designated by the city council [or county
commission] to be retained in perpetuity for public use for purposes compatible with aesthetic,
wildlife, education and recreational values of the Boise River; (B) which will provide for
unrestricted, noncommercial access to the river; and (C) which will be developed and used to
minimize water pollution, provide continuity of the public parks system, and create a buffer where
necessary between conflicting land uses.
MEMORANDUM OF UNDERSTANDING BETWEEN the ADA COUNTY SHERIFF'S
OFFICE, the BOISE POLICE DEPARTMENT, and the GARDEN CITY POLICE
DEPARTMENT — Page 9 of 9