In the closing days of the 2016 session, the governor signed
legislation regarding mutual aid agreements. Rep. Tommy Pope of York introduced
H3653 at the request of the SC Sheriffs’ Association to clarify sheriffs’
authority to enter into mutual aid agreements without the need for county council
approval.
The Municipal Association closely tracked the legislation
and became involved as it moved through the General Assembly. We wanted to make
sure that, in clarifying sheriffs’ authority, the Legislature didn’t cause
confusion for municipalities, since police chiefs are still required to seek
city council approval before they can enter into this type of agreement.
The legislation that ultimately passed achieved the goal of
clarifying sheriffs’ authority while maintaining municipal council authority to
authorize agreements between municipal police departments and other law
enforcement agencies.
While the bill’s language bars municipalities from using
these agreements solely for the purpose of speed enforcement, it intentionally
does not restrict municipalities from entering into this type of agreement for
the broader purpose of traffic enforcement.
Importantly, the legislation also simplifies and streamlines
the process of entering into mutual aid agreements by eliminating 23-1-210, 23-1-215 and 23-20-50. Municipalities
operating under existing agreements that were executed based on those
now-eliminated code sections should revisit them and any related ordinances or
resolutions.
The Sheriffs’ Association has created a mutual aid agreement
template to be used as a starting point for this type of agreement between
sheriff’s departments and other law enforcement agencies. We anticipate that
municipalities may be approached with these agreements in the near future, if
they have not already been.
As always, the Association encourages anyone
reviewing or helping craft this type of agreement to pay special attention to
potential liability issues that may need to be addressed.
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