HomeMy WebLinkAbout10-25-21 Joint TC BOT Agenda Packet TOWN OF WESTLAKE TOWN COUNCIL EXECUTIVE SESSION
MEETING AGENDA
1500 SOLANA BLVD, BUILDING 7, SUITE 7100,COUNCIL CHAMBER
WESTLAKE,TX 76262
T x r r o w n o F October 25, 2021 4:00 P.M.
WESTLAKE
Vision Statement
An oasis oFnaturalbeauty that maintains our openspaces in balance with distinctiue deve%pment,trails,and
qualityoflifeamenities amidstan ever expanding urban landscape.
Executive Session
1. CALL TO ORDER
2. EXECUTIVE SESSION
The Town Council will conduct a closed session pursuant to Texas Government Code, annotated,
Chapter 551, Subchapter D for the following:
a. Section 551.071(2) — Consultation with Attorney —to seek advice of counsel on matters in
which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas
Government Code - FM 1938 access for proposed Southlake development.
b. Section 551.071(2) — Consultation with Town Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with this chapter: Resolution No. 00-
19, a Contract with Hillwood Development Corporation Concerning the Design Engineering
and Construction of the West Side Pump Station and the Dove Road Waterline.
c. Section 551.071(2) - Consultation with Attorney — to seek advice of counsel on matters
of bankruptcy proceedings by the Texas Student Housing Authority.
3. TAKE ANYACTION,IF NEEDED, FROM EXECUTIVE SESSION ITEMS.
4. AD)OURNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd.,
Building 7, Suite 7100, Westlake,TX 76262, October 22, 2021, by 4:00 p.m. under the Open Meetings
Act, Chapter 551 of the Texas Government Code.
Todd Wood,Town Secretary
TC Executive SessionAgenda-10/25/21
Pageiofi
TOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE
ACADEMY BOARD OF TRUSTEES JOINT MEETING AGENDA
1500 SOLANA BLVD, BUILDING 7, SUITE 7100,COUNCIL CHAMBER
WESTLAKE,TX 76262
T H r r o w n v r
W ESTLAKE OCTOBER 25,2021 5:00 P.M. MEETING
In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19,2020,
the Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy will
conduct this joint meeting at 5:00 p.m. on Monday, October 22, 2021. In order to advance the
public health goal of promoting "social distancing" to slow the spread of the Coronavirus(COVID-
19), there will be limited public access to the physical location described above. A limit of thirty
(30) seats will be available to the public on a first-come, first-serve basis. A recording of this
meeting will be made and will be available to the public in accordance with the Open Meetings Act.
Vision Statement
An oasis ofnatura/beauty that maintains our openspaces in balance with distinctive deve%pment,trai/s,and
qualityoflifeamenities amidstan ever expanding urban landscape.
Reaular Session
1. CALLTOORDER
2. PLEDGE OFALLEGIANCE
3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Town Council or
Board of Trustees on any matter,whether or not it is posted on the agenda.
Individual citizen comments are normally limited to three (3) minutes; however, time limits
can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their
comment on an agenda item if the item is posted as a Public Hearing. The Town Council and
Board of Trustees cannot by law take action nor have any discussion or deliberations on any
presentation made at this time concerning an item not listed on the agenda.The Town Council
and Board of Trustees will receive the information,ask staff to review the matter, or an item
may be noticed on a future agenda for deliberation or action.
4. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Communiry
Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report
on the following items: (1) expression of thanks, congratulations, or condolences; (2)
information about holiday schedules; (3) recognition of individuals; (4) reminders about
upcoming Town Council events; (5) information about community events; and (6)
announcements involving imminent threat to public health and safety.
5. PRESENTATION AND CONSIDERATION OF RESOLUTION 21-34, APPROVING
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH THE MARRIOTT
DALLAS/FORT WORTH WESTLAKE.
6. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and/or Board of Trustees and will be enacted with one motion. There will be no separate
discussion of items unless a Council/Board Member or citizen so requests, in which event the
TC/BOT Agenda- 10/25/2021
Page 1 of 3
item will be removed from the general order of business and considered in its normal
sequence.
a. Consider approval of the Town Council minutes from the Joint meeting on June 21,
2021.
b. Consider approval of Resolution WA 21-22, amending personnel policies and
adopting the 2021-2022 Westlake Academy Personnel Manual.
c. Consider approval of Resolution WA 21-23,approving the addition of a 457 deferred
compensation plan to the employee benefit package, establishing the Academy's 457
deferred compensation plan program coordinator,and authorizing the Superintendent
to enter into an agreement with MissionSquare retirement.
d. Consider approval of Resolution 21-35, approving a development and economic
development agreement between Pearson 35 Opportunities, LLC. and the Town of
Westlake.
7. CONDUCT A PUBLIC HEARING AND CONSIDERAPPROVAL OF ORDINANCE 942,
APPROVING PROPOSED AMENDMENTS TO ORDINANCE 202, APPROVING THE
PD1 ZONING DISTRICT BY APPROVING A SITE PLAN AMENDMENT TO
CONSTRUCTA NEWSPORTSCLUB ON LOT 1R,BLOCK3,WESTLAKE/SOUTHLAKE
PARK ADDITION NUMBER ONE, LOCATED AT THE SOUTHWEST CORNER OF
SOLANA BLVD.AND SAM SCHOOL ROAD.
8. CONSIDER APPROVAL OF RESOLUTION 21-36, APPROVING A DEVELOPMENT
AGREEMENT WITH LTF REAL ESTATE COMPANY, INC., FOR iR, BLOCK 3,
WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE.
9. CONSIDER APPROVAL OF RESOLUTION 21-37, RESOLUTION 21-38, AND
RESOLUTION 21-39, APPROVING POLICING POLICIES FOR THE TOWN OF
WESTLAKE MARSHAL'S OFFICE AND ESTABLISHING INTERLOCAL
AGREEMENTS.
10. PRESENTATION AND DISCUSSION OF THE APPROVED FY 2021-2022 CAPITAL
IM PROVEM ENT PROJECTS UNDER CONSIDERATION.
11. TOWN MANAGER/SUPERINTENDENT UPDATE.
12. EXECUTIVE SESSION:
The Town Council will conduct a closed session pursuant to Texas Government Code,
annotated,Chapter 551,Subchapter D for the following:
a. 551.071(2) Consultation with Attorney— to seek advice of counsel on matters in
which the duty of the Town Attorney under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of
the Texas Government Code - FM 1938 access for proposed Southlake
development.
b. Section 551.071(2)—Consultationwith Town Attorneyon a matterin which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter: Resolution No. 00-19,a Contract with Hillwood Development Corporatbn
TC/BOT Agenda— 10/25/2021
Page2of3
Concerning the Design Engineering and Construction of the West Side Pump Station
and the Dove Road Waterline.
c. Section 551.071(2) - Consultation with Attorney— to seek advice of counsel on
matters of bankruptcy proceedings by the Texas Student Housing Authority.
13. RECONVENE MEETING
14. TAKE ANYACTION,IF NEEDED,FROM EXECUTIVE SESSION ITEMS.
15. COUNCIL RECAP/STAFF DIRECTION
16. FUTURE AGENDA ITEMS: Any Town Council/Board of Trustees Member may request at
a workshop and or Town Council/Board of Trustees meeting, under"Future Agenda Item
Requests",an agenda item for a future Town Council/Board of Trustees meeting. The Town
Council/Board of Trustees Member making the request will contact the Town
Manager/Superintendent with the requested item and the Town Manager/Superintendent
will list it on the agenda. At the meeting, the requesting Town Council/Board of Trustees
Member will explain the item, the need for Town Council/Board of Trustees discussion of
the item, the item's relationship to the Town Council/Board of Trustees strategic priorities,
and the amount of estimated staff time necessary to prepare for Town Council/Board of
Trustees discussion. If the requesting Town Council/Board of Trustees Member receives a
second, the Town Manager/Superintendent will place the item on the Town Council/Board
of Trustees agenda calendar allowing for adequate time for stafF preparation on the agenda
item.
a. Approved by Council for Discussion
i. Historical Designations for various properties in Westlake (5/24)
ii. Quarterly HOA Board Meeting Discussions (8/23)
b. Submitted for Review &Archive
i. Live stream Council Meetings
ii. Meet the Candidate forums during the Election cycle
17. AD70URNMENT
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION
AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS
551.07187 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana
Blvd., Building 7, Suite 7100,Westlake,TX 76262,October 22, 2021, by 5:00 p.m. under the Open
Meetings Act, Chapter 551 of the Texas Government Code.
----- -------
Todd Wood,Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise ti�e
Town Secretary's Office 48 hours in advanceat817-490-5711 and reasonableaccommodationswill be made
to assist you.
TC/BOT Agenda— 10/25/2021
Page3of3
Town
Council/ Board
of Trustees
Item # 2 — Pledge of
Allegiance
United States Pled_qe
'I pledge allegiance to the flag of the United States of
America, and to the republic for which it stands, one
nation under God, indi�isible, with liberty and justice for
a//. „
Texas Pled�
"Honor the Texas flag; I pledge allegiance to the, Texas,
one state under God, one and indi�isible. "
Town
Council/ Board
of Trustees
Item #3 — Citizen Comments
CITIZEN COMMENTS: This is an opportunity for citizens to address theTown Council or
Board of Trustees on any matter,whether or not it is posted on the agenda.
Individual citizen comments are normally limited to three (3) minutes; however, time limits
can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold
their comment on an agenda item if the item is posted as a Public Hearing. The Town
Council or Board of Trustees cannot by law take action nor have any discussion or
deliberations on any presentation made at this time concerning an item not listed on the
agenda. The Town Council or Board of Trustees will receive the information, ask staff to
review the matter,or an item may be noticed on a future agenda for deliberation or action.
ITEMSOFCOMMUNITYINTEREST: TownCouncil/Boardof Town
Trustees Reports on Items of Community Interest, pursuant to
Texas Government Code Section 551.0415,theTown Council/ .
Board of Trustees may report on the following items: (1) Co u nci I/ Boa rd
expression of thanks, congratulations or condolences; (2)
information about holiday schedules; (3) recognition of of Trustees
individuals; (4) reminders about upcoming Town Council
events; (5) information about community events; and (6)
announcements involving imminent threat to public health and
safety.
Item # 4 — Items of
Community Interest
Ca/endar oF Meetings/Events:
Town Council Work Session/Meeting/Public Hearing
Monday,October 25, 2021; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 (In-person, limited seating for social
distancing)
Community Blood Drive
Saturday,October 30, 2021; 8 am-4 pm
2000 Dove Road: Westlake Fire-EMS Station
Coffee &Conversation
Monday, November 1, 2021; 5:00 pm
Sip Stir CofFee 1301 Solana Blvd, Westlake
Board of Trustees Meeting
Monday, November 1, 2021; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 (In-person, limited seating for social
distancing)
Planning &Zoning Meeting
Monday, November 8, 2021; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 (In-person, limited seating for social
distancing)
New Residents Meeting
Tuesday, November 9, 2021; 6:00 pm
Laura and Doug Wheat's Home
Town Council Work Session/Meeting
Monday, November 15, 2021; 5:00 pm*
Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 (In-person, limited seating for social
distancing)
Westlake Academy Closed for the Thanksgiving holiday
November 22-26, 2021
Town Hall and Municipal Court Closed for the Thanksgiving holiday
November 25-26, 2021
Tree Lighting
Tuesday, November 30, 2021; 6 pm-9 pm
1500 Solana Blvd, Westlake
*Reminder:Agendasforallmunicipal/academicmeetings areposted a minim um of72 hours before the meeting
begins and can be found on our Town's website under the tab "Government/Aqendas&Minutes."
**For meetinq aAendas and details on WA ca/endar e vents or Municipa/calendar e vents,please visit the Westlake
Academ�website or the Town of Westlake website for further assistance.
Town
Council/ Board
of Trustees
Item # 5 — Presentation and
Consideration for an Economic
Development Agreement with
the Marriott DFW Westlake.
PRESENTATION AND CONSIDERATION OF RESOLUTION 21-33, APPROVING AN
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH THE MARRIOTT
DALLAS/FORT WORTH WESTLAKE.
T x e i o w H o r
WESTLAKE
OISfINCiIVE HY III:SIGN
TOWN COUNCIL AGENDA ITEM
Regular Meeting - Action Item
Monday, October 25, 2021
TOPIC: Consideration of a Resolution Approving an Economic Development Program
Agreementbetween the Town of Westlake andthe Marriott Dallas/Fort Worth
Westlake Hotel.
STAFF: Ginger Awtry,Finance Director
STRATEGIC ALIGNMENT
� � � . � . . , : ' • � i � i
Exemplary Service&Governance
-We setthe standardbydelivering Increase Revenue
FiscalResponsibility FiscalStewardship unparalleledmunicipaland Streams
educational services atthe lowest
co st.
SUMMARY
This proposed twelve (12) month economic development grant agreement includes both the
"Shuttle Bus Transportation Cost"as well as the "Incentive Program". If approved, this wouldbe
the twelfth consecutive year the Town has partnered with the Marriott Dallas/Fort Worth Westlake
Hotel("Marriott")regarding the"Incentive Program". Prior to this,the Town participated in only
the Hotel's shuttle bus system costs.
Below is a description of both portions of this proposed economic development grant that would
disburse hotel/motel occupancy tax funds from the Town to the Marriott.
• ShuttleBusTransportationCostParticipation. Anamountof$80,OOOhasbeenadopted
in FY21-22 budget for the Town's participation toward the Marriott's operating cost of
providing shuttle bus service to its guests. This is the same amount adopted and expensed
in the previous year, FY21.The FY20 budget was reduced with only $40Kused due to the
closure of the hotel and decreased transportation needs. Marriott management has shared
with Council in previous meetings the importance this shuttle bus service has to this
property maintaining its competitive position in the local market,particularly competing
with the Hilton at Southlake Town Center, the new Marriott Delta hotel and the Westin,
the Marriott near the Texas Motor Speedway, and other smaller hotels along SH 114. Now
this assistance is even more important with the addition of more hotels in our area and in
Page 1 of 4
the economic recovery from Covid. The shuttle bus service is essential for this property to
succeed;both in terms of keeping its existing business bookings and in terms of recovery
and growing its income stream by marketing to new businesses. In addition to providing
shuttle services to and from DFW airport for Marriott guests,this bus service also provides
hotel guests with transportation to area shopping/entertainment venues (Southlake Town
Center)and corporate training centers.
• GrouU Business Incentive Program. The adopted FY 21-22 budget includes $25,000 for
this portion. The incentive is based on an actualized total room nights related to the sliding
scale noted below. FY20 expenditures for this program totaled$7,400 with $0 in FY21,
again due to the hotel's closure for Covid.
Prior to FY20,the Town was still paying a maximum of$7,500 for each group;but it was
based on a percentage - 10% of the room night revenue up to a maximum of$5,000 and
10°/o of the food and beverage revenue up to a maximum of$2,500.
Below are the details of the new group and local catering incentive program totaling a
maximum of$25,000:
• Dollar amount back per room rather than percentage of overall program,based on
a sliding scale to assist in closingbusiness
0 50-99 actualized total room nights- $8 back per room night
0 100-200 actualized total room nights- $10 back per room night
0 201-349 actualized total room nights- $12 back per room night
0 350+actualized total room nights-$14 back per room night
o Friday/Saturday peak with 50 actualized total rooms night - $10 back per
room
o Groups cannothave hosted an event in last 18-months and the Marriottmust
be competing against another city and/or home city
o Funds to cap at$5,000 per group
• Dollar amount back per person rather than percentage back of overall program,
based on a sliding scale to assist in closing business
o $4,000 Food and Beverage Minimum Contracted- $6 back per person
o $6,000 Food and Beverage Minimum Contracted- $8 back per person
o $8,000+Food and Beverage Minimum Contracted- $10 back per person
o Groups cannot have hosted an event in the last 18-months and the Marriott
must be competing against another city and/or home city
o Funds to cap at$2,500 per local group
This proposed grant agreement is a reinvestment in the tourist sector of the Town's economic
development efforts(an allowed use under State law for these hotel occupancy tax funds)which
allows the Marriott to more effectively compete in a recovering,but still very competitive,hotel
market. This proposed agreement continues the requirement for performance measures to be
included in required quarterly reports submitted by the Marriott to the Town. These reports will
be important for evaluating the success and impact of this economic development grant in (1)
maintaining this important Town revenue stream; and, (2) growing this revenue stream in a
challenging and highly competitive economic environment.
Page2of4
In is important to recognize that, under State law, this is a grant of public dollars for economic
developmentpurposes. As such,this agreement also includes"claw back"provisions that,should
the Town determine that the Marriott has not spent these grant funds for their intended purpose,
the Town can require thatthose fundsbe repaid with interest. Additionally,ifitis determinedthat
the group business program is not achieving its objective,the Staff will notify both the hotel's
management and the Council to take steps to address its performance or recommend the program
not be renewed upon expiration of the grant agreement, although this has not been the case to date.
As a reminder,the Town receives 7% of the total 13%hoteUmotel occupancy tax allowedby State
law.
The FY20 budget was reduced from $816,700 to $349,810 due to the closure of the hotel and
Deloitte facilities in April because of the COVID-19 pandemic. FY21 contained estimated total
receipts of $228K of which $200K would typically be from the Marriott. This represents
approximately 88% of the Visitors Association Fund and is derived primarily from the Town's
only hotel, the Marriott Westlake. To date, only $184,168 has been collected with one month
remaining. The remaining hotel/motel tax dollars would typically be received from Deloitte
University. However we have received$0 to date, due to the reduced occupancy from Deloitte's
closure during Covid. While Deloitte's hotel tax typically makes up the remaining 10-12%of our
total hotel tax received each year, only 50% is retained by the Town due to an economic
development agreement,expiring in 2023.
In the past,the Town has utilized hoteUmotel occupancy tax funds for many important prograins
including funding costs related to special events such as Classic Car Show, Public Safety Fair,
Community Tree Lighting, as well as the MasterWorks outdoor concert series. Additionally,
because Westlake has broader statutory authority under State law than most cities to spend
hoteUmotel occupancy tax funds for any municipal purpose,the Town has used these funds to
cover costs of various municipal operational costs relating to marketing and communication.
The Town Council adopted an updated economic development policy in 2016(Resolution 16-30).
This proposed Marriott agreement comports to that policy. Further,this economic development
program agreement fits with the Town's Adopted Strategic Plan Vision Points.
COUNCIL ACTION/OPTIONS
The Marriott Dallas/Fort Worth Westlake hotel's general manager will be present at this meeting
to demonstrate and discuss the hotel's current economic performance prior to approval of the
economic development program agreement. Feedback for both the Marriott's management and
Town staff is appreciated and Council my choose to approve or deny the agreement and related
resolution after any necessary discussion.
STAFF RECOMMENDATION
Staff recommends approval of the resolution and its attached economic development program
agreement.
FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: $105,000 max Funding Source: Visitor's Association
Fund(Hotel Tax)
Page3 of4
Contract: Yes Forms: Forms 1295 &2270
Service Levels: N/A
DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY
Westlake Academy:N/A
Comprehensive Plan: N/A
Cost Recovery Analysis: N/A
Traffic Impact:N/A
ATTACHMENTS
Resolution
Referenced agreement(Exhibits A&B)
Forms 2270 and 1295
Page4of4
TOWN OF WESTLAKE
RESOLUTION 21-34
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING AN ECONOMIC DEVELOPMENT PROGRAM AGREEMENT WITH THE
MARRIOTT DALLAS/FORT WORTH WESTLAKE.
WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified
"Fiscal Responsibility" as a Vision Point as well as "Financial Stewardship" as a Perspective that
must be addressed to move the Town towards this Vision Point; and,
WHEREAS,the Town of Westlake sales and use taxes are an important revenue source to
support its general operations; and,
WHEREAS,the Town Council desires to have new and existingbusinesses that maintain
and grow their sales and use tax streams,which in turn, enhances the Town's financialposition and
sustainability per its Strategic Plan;and
WHEREAS,the Town Council acknowledges that the Town's Visitors Association Fund is
a key component of its financial structure and that an economic development grant to the Marriott
Dallas/Fort Worth Westlake Hotel will help solidify and maintain that structure; and,
WHEREAS,Town has an updated economic developmentpolicy adopted by Resolution
16-30 and that this proposed economic development program agreement with the Marriott
Dallas/Fort Worth Westlake meets those policy guidelines andmeets the requirements of State law
for municipalities to grant 380 economic development grants to businesses located in their
boundaries; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE,TEXAS:
SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: THAT, the Town Council of the Town of Westlake, Texas,hereby approves
the Economic Development Program Agreement with the Marriott Dallas/Fort Worth Westlake
attached hereto as Exhibit"A"and Hotel Support Program as Exhibit "B"and further authorize s the
Town Manager to execute said agreement on behalf of the Town of Westlake.
Resolution 21-34
Page 1 of 2
SECTION 3: If any portion of this Resolution shall,for any reason,be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereo f
and the Council hereby determines that it would have adopted this Resolution without the inv alid
provision.
SECTION 4: That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED ON THIS 25th DAY OF OCTOBER 2021.
ATTEST: Laura Wheat,Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 21-34
Page 2of2
Exhibit "A"
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ("AgreemenY') is
entered into by and between the TOWN OF WESTLAKE, TEXAS (the "Town"), a Type-A
general law municipal corporation organized under the laws of the State of Texas, and
MARRIOTT HOTEL SERVICES, INC. DB/A MARRIOTT DALLAS/FORT WORTH
WESTLAKE, ("Marriott"), a Hotel. The Town and Marriott are collectively referred to as the
"Parties".
�' CITALS
The Town and Marriott hereby agree that the following statements are true and correct and
constitute the basis upon which the Town and Marriott have entered into this Agreement:
A. Marriott operates a 294 (288 plus 6 suites) room, full-service hotel located at 1301
Solana Blvd. Building #3, Westlake, Texas, (the "Hotel") The Hotel provides a valuable catalyst
for visitors, tourism, and economic development to the Town.
B. To increase visitors and tourism, and to maximize the economic benefits that the
Hotel can bring to the Town, the Town and Marriott desire to enter into this Agreement.
C. In accordance with Resolution No. 16-30, adopted by the Town Council on August
22, 2016, the Town has established an economic development incentive policy and program
pursuant to which the Town will, on a case-by-case basis, offer economic incentive packages
authorized by Chapter 380 of the Texas Local Government Code, Article III, Section 52-a of the
Texas Constitution, and other applicable laws, that include monetary loans and grants of public
money, as well as the provision of personnel and services of the Town, to businesses and entities
that the Town Council determines will promote State or local economic development and stimulate
business and commercial activity in the Town in retum for verifiable commitments from such
businesses or entities to cause specific infrastructure, employment and other public benefits to be
made or invested in the Town (the "380 Program").
D. The Town Council has determined that by entering into this Agreement, the potential
increase of visitors and tourism and economic benefits that will accrue to the Town under the terms
and conditions of this Agreement are consistent with the Town's economic development objectives
and the 380 Program and will further the goals for positive economic growth, visitors, and tourism
in the Town. This Agreeinent is authorized by Chapter 380 of the Texas Local Government Code
and the 380 Program.
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
Resolu[ion 2134
Page 3 of 14
AGREEMENT
1. INCORPORATION OF RECITALS.
The Town Council has found at a duly called and legally noticed public meeting through the
adoption of Town Resolution attached hereto as Exhibit "A" and hereby made a part of this
Agreement for all purposes, and the Town and Marriott hereby agree, that the recitals set forth
above are incorporated herein and true and correct and form the basis upon which the Parties have
entered into this Agreement.
2. DEFINITIONS.
In addition to terms defined in the body of this Agreement, the following terms shall have
the definitions ascribed to them as follows:
380 Program has the meaning ascribed to it in Recital C.
Affiliate means all entities, incorporated or otherwise, under common control with,
controlled by or controlling Marriott. For purposes of this definition, "control" means fifty
percent (50%) or more of the ownership determined by either value ar vote.
Pro¢ram Grants means the annual allowable economic development grants paid (whether
in one or multiple installments) by the Town to Marriott in accardance with this Agreement
aud as part of the 380 Program.
Proeram Source Funds means an amount of Town funds legally available for inclusion in
a Program Grant that is payable to Marriott in a given Program Year, which shall be derived
from hotel occupancy taxes generated by the Hotel and received by the Town pursuant to
Chapter 351 of the Texas Tax Code, ar other legally available funds of the Town.
Proeram Year means the Town's fiscal year (i.e., October 1 through September 30�') in
which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant,
beginning with the first fiscal year following the execution of this Agreement.
Quarterly Report has the meaning ascribed to it in Section 4.2.
Records have the meaning ascribed to it in Section 43.
Term has the meaning ascribed to it in Section 3.
Town of Westlake Hotel Support Prosram has the meaning ascribed to it in Section 4.1.
3. TERM.
This Agreement shall be effective as of the date of execution by the Parties (the "Effective
Date") and, unless terminated earlier in accordance with this Agreement, shall expire one
(1) year from the Execution Date.
Resolution 21-34
Page 4 oF 14
4. TOWN AND MARRIOTT'S OBLIGATIONS AND COMMITMENTS.
4.1. Town of Westlake Hotel Suaport Proeram
The total amount to be granted by the Town to Marriott under the terms of this
Agreement for the Town of Westlake Hotel Support Program shall not exceed
$105,000 with said Town of Westlake Hotel Support Program, consisting of the
following:
a. Group Booking Incentives, the requirements for which are attached hereto as
E�chibit "C" and hereby made a part of this Agreement for all purposes (the
"Hotel Support Agreement") and details the obligations of Marriott to
receive, and the Town to grant, the Program Grants from the Program Source
Funds during the Program Year related to group bookings at the Hotel. The
purpose of this component of the Town's Hotel Support Program shall be to
increase new group bookings for the Hotel and to not incur a decrease in
overall group meeting business (i.e., all group bookings at the Hotel both of
new group business and repeat group business), thus increasing economic
development through tourism and business development activity in the
Town. The Group Booking Incentives provided by the Town under this
Agreement to the Hotel shall not exceed $25,000 during the term of this
Agreement.
b. Transportation Costs, for which a total sum of$80,000 shall be provided by
the Town under this Agreement to cover a portion of the operating costs
during the Program Year for bus transportation services provided by the
Marriott for guests of the Hotel. Funds disbursed by the Torvn under this
component of the Town's Hotel Support Program shall be made at the end of
each Town fiscal year quarter following subinission by Marriott, and
acceptance by the Town, of the Quarterly Report for the preceding quarter.
The purpose of this component of the Town's Hotel Support Program is to
enhance the Marriott's ability to increase room nights and retain existing
room nights at the Hotel (as reported in Section 4.2 below), thus increasing
economic development through tourism and business development activiry in
the Town. At all times during the term, the name "Westlake, Texas" shall be
visibly reflected and marked on both sides of any shuttle buses or vehicles
used by the Hotel.
4.2. Renorts and Filings. On a quarterly basis during the Term, Marriott shall submit a
written report to the Town specifically delineating its compliance with this
Agreement (the "Quarterly Report"). The Town Manager shall receive the Quarterly
Report no later than thirty (30) days from the end of each quarter. Said Quarterly
Report will contain, as a minimum, the following performance measure information
Resolution 21-34
Page 5 of 14
for the reporting period for the Town to measure the effectiveness of its investment
in this grant of public funds to Marriott for this Hotel:
• Total funds paid to date aggregate under this Agreement during the contract
term to Marriott regarding group incentives of the Town's Hotel Support
Program described in Section 4.1 of this Agreement
• Total funds spent to date by Marriott far the activities and purposes set out in
Section 4.1 of this Agreement
• Increases in average daily occupancy at the Hotel
• Decreases in average daily occupancy at the Hotel
• Number of room nights generated by new group bookings at the Hotel
• Number of room nights generated by repeat group business, bookings at the
Hotel, number of bus transportation trips daily to DFW Airport for guests at
the Hotel
• The number of new group bookings made for the Hotel during the reporting
period and the number of repeat group business bookings made for the Hotel
during the reporting period.
• A brief description of marketing/sales efforts made during the reporting
period for the Hotel including:
o the number and type of new group sales prospects identified, targeted,
and group sales closed by Marriott sales staff during the reporting
period
o the number and type of new group sales made by contacts from
outside the Hotel Marriott
• Average number of bus transportation trips daily to off-premises meeting
locations for guests at the Hotel
• Average number of bus transportation trips daily to other off-premises
locations (entertainment, shopping, etc.) for guests at the Hotel
• Operating costs incurred by the Hotel during the quarter for shuttle bus
transportation services
4.3. Audits. Per the requirements of State law and the Town ordinance establishing the
Town's hotel-motel occupancy tax, the Town will have the right throughout the Term
to audit any and all financial and business records of Marriott that relate to the
performance of this Agreement and any other documents necessary to evaluate
Marriott's compliance with this Agreement or with the goals set forth in this
Agreement, including, but not limited to construction documents and invoices
(collectively "Records"). Marriott shall make all Records available to the Town at
the Hotel or at another location in the Town acceptable to both parties following
reasonable advance notice by the Town and shall otherwise cooperate fully with the
Town during any audit.
5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET VARIOUS
DEADLINES AND COMMITMENTS.
Resolutio�21-34
. Page 6 of 14
5.1. Continuous Oneration. Following the Completion Date, if Marriott fails to
continuously operate a full-service hotel at 1301 Solana Blvd. Building #3,
Westlake, Texas, 76262, the Town shall have the right to terminate this Agreement
by providing written notice to Marriott without further obligation to Marriott
hereunder.
5.2. Failure to Pav Town Taxes or Fees. An event of default shall occur under this
Agreement if any legally imposed Town taxes or fees owed on, or generated by, the
hotel become delinquent and Marriott ar the Affiliate does not either pay such taxes
or follow the legal procedures for protest and/or contest of any such taxes. In this
event, the Town shall notify Marriott in writing and Marriott shall have sixty (60)
calendar days to cure such default. If the default has not been fully cured by such
time, the Town shall have the right to terminate this Agreement immediately by
providing written notice to Marriott and shall have all other rights and remedies that
may be available to it under the law or in equity.
5.3 Violations of Tow� Code, State or Federal Law. An event of default shall occur
under this Agreement if any written citation is issued to Marriott or an Affiliate due
to the occunence of a violation of a material provision of the Town Code at the
Hotel (including, without limitation, any violation of the Town's Building or Fire
Codes and any other Town Code violations related to the environmental condition of
the Hotel; or to matters concerning the public health, safety or welfare) and such
citation is not paid or the recipient of such citation does not properly follow the legal
procedures for protest and/or contest of any such citation. An event of default shall
occur under ttus Agreement if the Town is notified by a governmental agency or unit
with appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest
thereto, any third party with access to the Hotel pursuant to the express or implied
permission of Marriott or an Affiliate, or any a successor in interest thereto, is in
violation of any material state or federal law, rule or regulation on account of the
Hotel, improvements on the Hotel or any operations thereon (including, without
limitation, any violations related to the envuonmental condition of the Hotel; the
environmental condition other land or waters which is attributable to operations on
the Hotel; or to matters concerning the public health, safety or welfare). Upon the
occurrence of such default, the Town shall notify Marriott in writing and Marriott
shall have (i) thiriy (30) calendar days to cure such default or (ii) if Marriott has
diligently pursued cure of the default but such default is not reasonably curable
within thiriy (30) calendar days, then such amount of time that the Town reasonably
agrees is necessary to cure such default. If the default has not been fully cured by
such time, the Town shall have the right to terminate this Agreement immediately by
providing written notice to Marriott and shall have all other rights and remedies that
may be available to under the law or in equity.
5.4. Unauthorized Use of Funds and Requirement for Repayment to Town. If, during
an audit by the Town under the provisions of this Agreement, the Town determines
that the proceeds of this grant have not been utilized by Marriott for the purposes
outlined in this Agreement, Marriott will be given thirty (30) calendar days to cure
(following written notice from the Town) and, if Marriott fails to cure per the written
Resolu[ion 21-34
Page 7 oP 14
notice from the Town, Marriott shall immediately remit to the Town the entire
amount under this Agreement paid by the Town to Marriott during the reporting
period during which the Town has identified that Marriott was not in compliance
with the terms of this Agreement. If said amount is not remitted to the Town within
30 calendar days from the end of the cure period, that amount demanded for
repayment to the Town plus six (6) percent simple interest on the repayment amount
shall be due, in full, to the Town. For the purposes of this Section, Simple InteresY'
is defined as a rate of interest applied to the aggregate amount of the Program Grants
paid by the Town to Marriott during the reporting period in which Marriott was in
violation of this Agreement.
5.5. Failure to Submit Reports. Without limiting the application of Section 5.6, if
Marriott fails to submit any report required by and in accordance with Section 4.2,
the Town's obligation to pay any Program Grants at the time, if any, shall be
suspended until Marriott has provided and is current on all reports.
5.6. General Breach. Unless stated elsewhere in this Agreement, Marriott shall be in
default under this Agreement if Marriott breaches any term or condition of this
Agreement In the event that such breach remains uncured after thirty (30) calendar
days following receipt of written notice from the Town referencing this Agreement
(or, if Marriott has diligently and continuously attempted to cure following receipt of
such written notice but reasonably requires more than thirty (30) calendar days to
cure, then such additional amount of time as is reasonably necessary to effect cure,
as determined by both parties mutually and in good faith), the Town shall have the
right to terminate this Agreement immediately by providing written notice to
Marriott.
6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP.
It is expressly understood and agreed that Marriott sha11 not operate as an independent
contractor or as an agent, representative or employee of the Town. Maniott shall have the
exclusive right to control all details and day-to-day operations relative to the Hotel Support
Program aud shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors, subcontractors, licensees, and invitees. Marriott
acknowledges that the doctrine of res�ondent suyerior will not apply as between the Town
and Marriott, its officers, agents, servants, employees, contractors, subcontractors, licensees,
and invitees. Marriott further agrees that nothing in this Agreement will be construed as the
creation of a partnership ar joint enterprise between the Town and Marriott.
7. INDENINIFICATION.
MARRIOTT, AT NO COST OR LIABILITY TO THE TON'N, AGREES TO DEFEND,
INDEMNIFY AND HOLD THE TON'N, ITS OFFICERS, AGENTS, ATTORNEYS,
SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY f1ND ALL CLAIMS,
LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCL UDING, BUT
NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO MARRIOTT' BUSINESS AND ANY RESULTING
Resolution 21-34
Page 8 of 14
LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY
RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) MARRIOTT' BREACH
OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY
ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS
OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
TIIf1N THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES,
CONTIZACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR
RELATED TO OR ARISING FROM OPERATIONAND CONDUCT OF THE HOTEL
SUPPORT PROGRAM OR OTHERWISE TO THE PERFORMANCE OR
OBLIGATIONS OF THIS AGREEMENT.
8. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either parry designates in writing, by certified
mail, postage prepaid, or by hand delivery:
Town• Marriott-
Town of Westlake Marriott Dallas/Fort Worth Westlake
Attn: Town Manager Attn: General Manager
1500 Solana Blvd,Bldg. 7, Suite 7200 1301 Solana Blvd, Bldg. #3
Westlake, Texas 76262 Westlake, Texas 76262
With Copies to (which shall not
constitute nofice):
Boyle& Lowry, L.L.P.
Attn: L. Stanton Lowry
4201 Wingren Dr, Suite 108
Iiving, Texas 75062
9. ASSIGNMENT AND SUCCESSORS.
Marriott may at any time assign, transfer or otherwise convey any of its rights or obligations
under this Agreement to an Affiliate without the approval of the Town so long as Maniott,
the Affiliate aud the Town first execute an agreement approved by the Town Council of the
Town of Wesflake under which the Affiliate agrees to assume and be bound by all
covenants and obligations of Marriott under this Agreement. Otherwise, Marriott may not
assign, transfer or otherwise convey any of its rights or obligations under this Agreement to
any other person or entity without the prior consent of the Town Council, conditioned on (i)
the prior approval of the assignee or successor and a finding by the Town Council that the
proposed assignee or successor is fmancially capable of ineeting the terms and conditions of
this Agreement and (ii) prior execution by the proposed assignee or successor of a written
agreement with the Town under which the proposed assib ee or successor agrees to assume
and be bound by all covenants and obligations of Marriott under this Agreement. Any
attempted assignment without the Town Council's prior consent shall constitute a breach and
Resolution 21-34
Page 9 oF 1 A
be b ounds for termination of this Agreement and following receipt of written notice from the
Town to Marriott. Any lawful assignee or successor in interest of Marriott of all rights under
this Agreement shall be deemed"Marriott" for a11 purposes under this Agreement.
10. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS.
This Agreement will be subject to all applicable Federal, State and local laws, ordinances,
rules and regulations, including, but not limited to, all provisions of the Town's codes and
ordinances, as amended.
11. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement, the Town does not waive or surrender
any of its governmental powers or immunities that are outside of the terms, obligations, and
conditions of this Agreement.
12. NO WAIVER.
The failwe of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that
party's right to insist upon appropriate performance or to assert any such right on any future
occasion.
13. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises based on any provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court far the Northern District of Texas — Fort Worth
Division. This Agreement shall be constnzed in accordance with the laws of the State of
Texas.
14. NO THIRD-PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the Town and
Marriott, and any lawful assign or successor of Marriott, and are not intended to create any
rights, contractual or otherwise, to any other person or entiry.
15. FORCE MAJEURE.
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war, civil commotion,
acts of God, inclement weather, ar other circumstances which are reasonably beyond the
control or knowledge of the party obligated or permitted under the terms of this Agreement
to do or perfonn the same, regardless of whether any such circumstance is similar to any of
those enumerated or not, the pariy so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the time period applicable to such
requirement shall be extended for a period of time equal to the period such party was
Resolution 2I34
Page 10 of 14
delayed. Notwithstanding anything to the contrary herein, it is specifically understood and
agreed that Marriott' failure to obtain adequate financing to complete the Required
Improvements by the Completion Deadline shall not be deemed to be an event of force
majeure and that this Section 15 shall not operate to extend the Completion Deadline in such
an event.
16. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more
strongly for nor against any party, regardless of the actual drafter of this Agreement.
17. SEVERABILITY CLAUSE.
It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and
phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or
section of this Agreement shall be declared unconstitutional or illegal by the valid judgment
or decree of any wurt oF competent jurisdiction, such unconstitutionality or illegality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
Agreement since the same would have been executed by the Parties without the
incorporation in this Agreement of any such unconstitutional phrase, clause, sentence,
paragaph or section. It is the intent of the Parties to provide the economic incentives
contained in this Agreernent by all lawful means.
18. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and shall not
be deemed a part of this Agreement.
19. ENTIRETY OF AGREEMENT.
This Agreement, including any e�ibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the Town and
Marriott, and any lawful assign and successor of Marriott, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declazed null and
void to the extent in conflict with any provision of this Agreement. Notwithstanding
anything to the contrary herein, this Agreement shall not be amended unless executed in
writing by both parties and approved by the Town Council of the Town in an open meeting
held in accordance with Chapter 551 of the Texas Government Code.
Resolution 21-34
Page 11 of 14
20. COUNT�RPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered au original, but all of which shall constitute one instrument.
EXECUTED as of the last date indicated below:
Town of Westlake: Marriott Dallas/Fort Worth Westlake
s ��� � 1��� 1 �'�-
y� B�-.� �, �s���
Amanda DeGan, Town Manager Regg�e— Woolr ge, G�r��l Manager
Date: Date: ��b ��� � � '
APPROVED AS TO FORM AND LEGALITY:
By:
L. Stanton Lowry, Town Attorney
Resolution 21-3F3f.��
Page 12 of 14
Exhibit "B"
TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM
Descrintion•
A cooperative marketing program designed to assist the Marriott in securing group and convention
business. The groups can be new business or groups that have previously met at the hotel but are
considering other hotels.
Guidelines•
Requests for funds shall be submitted at the bid time, not after the group has made their decision
to book at the host hotel.
Applications may be submitted for groups/conventions that take place in the cunent fiscal year
(October 1 - September 30) or future years.
• Dollar amount back per room based on a sliding scale to assist in closing business
0 50-99 actualized total room nights - $8 back per room night
0 100-200 actualized total room nights - $10 back per room night
0 201-349 actualized total room nights - $12 back per room night
0 350+ actualized total room nights - $14 back per room night
o Friday/Saturday peak with 50 actualized total rooms night- $10 back per room
o Groups cannot have hosted event in last 18-months and the Marriott must be
competing against another city and/or home city
o Funds to be capped at $5,000 per group
• Dollar aznount back per person based on a sliding scale to assist in closing business
o $4,000 Food and Beverage Minimum Contracted - $6 back per person
o $6,000 Food and Beverage Minimum Contracted - $8 back per person
o $8,000+Food and Beverage Minimum Contracted - $10 back per person
o Groups cannot have hosted an event in the last 18-months and the Marriott must be
competing against another city and/or home city
o Funds to remain capped at $2,500 per local group
• The Town of Westlake shall receive sponsor recognition in all correspondence and at the
meeting/convention in an appropriate manner.
• Upon completion of the event or meeting, a completed Post Meeting Sununary is required
prior to the release of full financial assistance. The report will be used to evaluate the
effectiveness of the Town of Westlake Funds participation, as well as review future
participation.
• Annually, the Marriott will generate a Town of Westlake Funds report to the Town
Manager, or his designee, showing the dollars expended and the direct room nights
generated via this important resource.
Resolution 21-34
Page 13 of 14
Procedures:
The Application shall include the following information before it will be reviewed:
• Hotel Information: Date of Application, Name of Host Hotel Sales Manager and
Phone Number.
• Groun Information: Group Name,Contact Name, Address,Phone Number, Program
Dates, Estunated Room Nights, Estimated Room Night Revenue, Estimated Catering
Revenue, Estimated Outlet Revenue.
• Miscellaneous Information: Additional information pertinent to the group.
• Sianatures: The Application shall be signed by the host hotel Sales Manager and
Director of Sales prior to it being submitted for approval. The Application shall be
approved by the Town of Westlake within ten days providing that all of the
requested information is received.
Once the Application has been approved, the signed application will be sent back to the requesting
Sales Manager at the host hotel.
The host hotel shall provide the Town of Westlake with a copy of the contract at the time it is
signed by the group. Funds shall not be available if this information is not received at least ten days
prior to the group/convention. The Town of Westlake may choose to send a welcome letter to
the group and offer to provide community brochures or other information to the
group/convention attendees.
Since funds are reserved for every Application that is approved, the host hotel shall inform the
Town of Westlake with written authorization to release the fiuids should a group choose another
desrinarion.
Submit Application and Conespondence to:
The Town of Westlake
Attn: Director of Finance
1500 Solana Blvd., Bldg. 7, Suite 7200
Westlake, TX 76262
817.490.5712 Phone
817.430.1812 PaY
Disbursement of Funds:
At the time of invoice,the host hotel shall submit the following information:
1. A computerized report documenting the actual room nights booked by the group and
verification of the actual room night revenue. The disbursement of funds may be reduced based
on the program guidelines if the group generated less room night revenue than was originally
stated on the Application.
2. Samples of the Town of Westlake's sponsor recognition.
Resolution 21-34
Page ]4 of 14
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
complete nlos.1-a and s if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entiTy filing form,and the city,s[ate and coun[ry of the business entiry's place Certifica[e Number;
af business. 2021-807879 �
Marrioit Dailas Fort Worth Westlake
WESTLAKE,TX United States Da[e Filed:
r
2 Name of governmental enti[y or s[a[e agency that is a party to[he contract for wfiich the form is 09/30/2021
being filed.
ToWn of Westiake Date Acknowledged:
g Provide the itlentification num6er used 6y the governmental entity or state agency ro tmck or identify the contract,and provide a
description of[he services,goods,or other property to be provided under the con[ract.
2021-543560
FY 21-22; Economic Development Agreement
4 Nature of interest
Name of Interested Party Ciry,S[ate,Coun[ry(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑ �
X
6 UNSWORN DECLARATION
Mynameis fi�T. '�lvy-'• �-LJ p/ ',Jr����-'�j� , andmydateof6irthis G-3o-l9�1
My address is ��� �� Q � `i `K- '��',�' �K.,"1 `�. `l� �b Z2 r� �"'N�� .
(street) (dry) (state) (zip code) (counlry)
I declare under penalry of pery'ury thai the foregoing is true and correct.
�q��D ^ �
Ezecuted in �/Sq'�{I�T Counry, State of /� ,on the 1 2 tlay of �v 20 2 r -
� (month) (year)
/� ,���-
� S'qnature of au[horized a a of contracting 6usiness entiry �
(� ant)
Forms provided 6y Texas Ethics Commission www.ethics tate.M.us Version V1.1.191b5cdc
Form TGC 2270
VERIFICATION REOUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270
Contract identifier: �t7��M 6 C W 2-S'��'��
Department: ��-
By signing below, Company herby verifies the following:
1. Company does not boycott Israel; and
2. Company will not b yFoYt Israel during the term of the contract.
SIGNED BY: �S�I�}��1�'✓
Print Name of Person: Reginald Woolridge—�neral Manager
Title and Company: Marriott Hotel Services Inc. DBA Marriott Dallas/ Fort Worth Westlake
Date signed: �" ' � Z - Z I
STATE OF TIXAS §
COUNTY OF Tarrant §
BEFORE ME,the undersigned Notary Public on this day personally appeared Reqinald Woolridoe (Name), on behalf of Marriott
Hotel Services Inc. (Company)who being duly sworn,stated under oath that he/she has read the foregoing verification required by Texas
Government Code Section 2270.002 and said statements contained therein are true and correct..
SWORN AND SUBSCRIBED TO before me, this + � day of VC� , zp Z�
`�1 �(,, �
NOTA Y OF PUBLIC, `�O`""'' p�y���S at�a of Texas
,,�s�.U�,,,
FORTH STATEOFTEXAS ��;• ;�,.Notary �rest2-79•2022
My Commission 6cpires: ?y:, re Comm.Exp
I^ � �a �`�:�'`oi�'�;:� Notary ID 124286307
I� � I_I i, a �a/n1uP �
Government Code§ 2270.002. Provision Required in Contract
Effective: September 1, 2017
A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written
verification from the company that it:
(1)does not boycott Israel; and
(2)will not boycott Israel during the term of the contract.
The foilowing de£nitions apply:
(1)"Boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is
intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing
business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.
(2)"Company"means a for-profit sole proprietorship, organization,association, corporation, partnership,joint venture,
limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned
subsidiary, parent company, or affiliate of those entities or business associations that exists to make a proft.
(3)"Governmental entity'means a state agency or political subdivision of this state.
State law requires verification from a Company far cantracts involving goods or services(regardless of the amount)
before the City can enter into the contrad.
T H E r o w H o �
WESTLAKE
MINUTES OF THE)OINTTOWN OF WESTLAKE TOWN COUNCIL AND WESTLAKE
ACADEMY BOARD OF TRUSTEES MEETING
JUNE 21, 2021
In accordance with Order of the Office of the Governor issued March 16, 2020, and March 19,
2020, the Town Council of the Town of Westlake and the Board of Trustees of Westlake Academy
conducted this joint virtual meeting at 4:30 p.m. on Monday, June 21, 2021. In order to advance
the public health goal of promoting "social distancing" to slow the spread of the Coronavirus
(COVID-19), there was limited public access to the physical location described above to thirty (30)
seats for the public on a first-come, first-serve basis. A recording of this meeting was made and
will be available to the public in accordance with the Open Meetings Act.
PRESENT: Mayor/President Laura Wheat and Council/Board of Trustee
Members Carol Langdon, Alesa Belvedere, Rajiv Trivedi, Chandrika
Dasgupta,and Anna White.
ABSENT: None.
OTHERS PRESENT: Assistant Town Manager Jarrod Greenwood,Town Secretary Todd
Wood, Finance Director Ginger Awtry, Director of Planning &
Development Ron Ruthven, Director of Community Engagement
Jon Sasser, Network Administrator Duston McCready, Fire Chief
Richard Whitten, Deputy Fire Chief John Ard, Development
Coordinator Nick Ford, and Nick Goulash with Hilltop Securities.
Reaular Session
1. CALL TO ORDER
Mayor/President Wheat called the Joint Town Council and Board of Trustees meeting to
order at 4:47 p.m.
2. PLEDGE OF ALLEGIANCE
TC/BOT Minutes—06/21/21
Page 1 of 7
3. CITIZEN COM M ENTS:
This is an opportunity for citizens to address the Town Council/Board of Trustees on any
matter, whether or not it is posted on the agenda. Individual citizen comments are
normally limited to three (3) minutes; however, time limits can be adjusted by the
presiding officer. The presiding officer may ask the citizen to hold their comment on an
agenda item if the item is posted as a Public Hearing. The Town Council/Board of
Trustees cannot by law take action nor have any discussion or deliberations on any
presentation made at this time concerning an item not listed on the agenda. The Town
Council/Board of Trustees will receive the information, ask staff to review the matter, or
an item may be noticed on a future agenda for deliberation or action.
Mr. Himanshu Patel, representative for the Glynwyck Farms HOA committee addressed the
Council, requesting technical expertise, as well as possible financial assistance to update
the internet infrastructure that is needed by the neighborhood.
4. ITEMS OF COMMUNITYINTEREST
Director of Finance Ginger Awtry provided an update on the following items:
• Town Council Meeting
Monday,June 21, 2021; 5:00 p.m.
Westlake Town Hall, Solana Terrace - BIdg.7, Suite 7100 (In-person, limited seating
for social distancing)
• Fire Department Proposed Consolidation Meeting (Meeting #1)
Wednesday,June 30,2021; 6 p.m.
2000 Dove Road,Westlake, TX 76262
This is the first meeting is to gain feedback from residents about the proposed merger
of the Westlake-Keller Fire Departments.This will be held in Westlake.
• Town of Westlake Holiday
Monday,July 5, 2021
Town Hall and the Municipal Court will be closed to observe the Independence Day
holiday
• Fire Department Proposed Consolidation Meeting (Meeting #2)
Monday,July 12,2021; 6 p.m.
Keller Town Hall, 1100 Bear Creek Pkwy, Keller, TX 76248
This is the second meeting is to gain feedback from residents about the proposed
merger of the Westlake-Keller Fire Departments.This will be held in Keller.
• Terra Bella/Glenwyck/Dove Road Residents Neighborhood Meeting
Tuesday, August 24, 2021
1760 Terra Bella Drive, Westlake, TX 76262
5. CONSENT AGENDA: All items listed below are considered routine by the Town Council
and Board of Trustees and will be enacted with one motion. There will be no separate
discussion of items unless a Council Member or citizen so requests, in which event the
item will be removed from the general order of business and considered in its normal
seq uence.
TC/BOT Minutes—06/21/21
Page2of7
a. Consider approval Consider approval of the minutes from Joint Town Council/Board
of Trustees meeting on February 8, 2021.
b. Consider approval of Resolution 21-20, awarding the bid and approval of the firm
Weaver & Tidwell, LLP to perform the Town of Westlake's independent auditing
services for a three (3) year period, with the option of two (2) additional years, and
authorizing the Finance Director to execute the FY 2021 and subsequent years'
engagement letters on behalf of the Town of Westlake.
c. Consideration and approval of Resolution 21-21, approving membership with the
North Central Texas Council of Governments(NCTCOG).
d. Consider approval of WA Resolution 21-06,authorizing a waiver from the State of
Texas CPR instruction requirement for the Graduating Class of 2021.
e. Consider approval of Resolution 21-22, accepting a generous donation from
Deloitte to be used exclusively for Public Art, Public Safety, and Westlake Academy.
Mayor Wheat asked Ms. Awtry if there was a was that possible that Deloitte could be
recognized for their contribution to the public art project. Ms. Awtry stated that the
amount donated was contained in the agenda packet; with the balance of approximately
$112,000 being appropriated to a ladder truck for the Fire Department. Mayor Wheat
commented that Deloitte has been incredibly generous.
MOTION: Council Member White made a motion to approve
the consent agenda. Council Member Belvedere seconded the
motion. The motion carried by a vote of 5-0.
6. CONSIDERAPPROVAL RESOLUTION 21-23,AUTHORIZING PUBLICATION OF
NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION; AUTHORIZING THE PREPARATION OF A
PRELIMINARY OFFICIAL STATEMENT AND NOTICE OF SALE;AND PROVIDING
FOR OTHER MATTERS INCIDENTAL THERETO.
MOTION: Council MemberTrivedi made a motion to adjourn the meeting.
Council Member Langdon seconded the motion. The motion
carried by a vote of 5-0.
Assistant Town Manager Jarrod Greenwood presented this item. He began by stating
that items #6 and #7 on the agenda were companion documents, and approval of one
item would require approval of the other. Mr. Greenwood then asked Finance Director
Ms. Ginger Awtry to provide a brief presentation.
Ms. Awtry began by stating that her brief presentation would summarize the financial
advantages of this opportunity to issue certificates of obligation. Mr. Goulash with
Hilltop Securities added that if the Town were to pursue issuing Certificates of
Obligation, this would be a great time to make the issuance. This would save money on
document fees, staff time, and secure a lower interest rate. The bonds would also be
openly bid in a competitive open market and would be based on the Town's AAA bond
rating, which would be highly desirable to buyers. Mr. Goulash then stated the state law
requirements for providing adequate notice to the public.
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Ms. Awtry then added that roadway, trail, and cemetery improvements were also
included in this bond issuance. Additionally, she noted that this was only a notice of the
right to issue these bonds, which would be brought before the Town Council at the
August 23rd meeting for approval prior to issuance.
Assistant Town Manager Jarrod Greenwood then stated that if the Town Council chose
to approve this item, it would need to be voted on independently from Item #7.
Mayor Wheat then asked for a motion to approve Item #6.
MOTION: Council Member Trivedi made a motion to approve Resolution 21-
23. Council Member Langdon seconded the motion. The motion
carried by a vote of 5-0.
7. CONSIDER APPROVAL OF RESOLUTION 21-24, EXPRESSING INTENT TO
REIMBURSE EXPENDITURES FROM PROCEEDS OF FUTURE OBLIGATIONS.
Mayor Wheat then asked for a motion to approve Item #7.
MOTION: Council Member Belvedere made a motion to approve Resolution
21-24. Council Member Langdon seconded the motion. The
motion carried by a vote of 5-0.
8. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF RESOLUTION
21-25, APPROVING PROPOSED AMENDMENTS TO THE PRELIMINARY SITE
EVALUATION FOR SPENCER RANCH (NOW CALLED WESTLAKE RANCH),
LOCATED IN THE PD7 ZONING DISTRICT AT THE SOUTHEAST CORNER OF
PEARSON LANE AND ASPEN LANE.
Director of Planning & Development Ron Ruthven presented this item. He explained that
this item was an amended preliminary site evaluation for Spencer Ranch (now called
Westlake Ranch) approved by the Town Council as Resolution 19-31 on September 30,
2019. The amendment is requested in order to bring the PSE into compliance with
Ordinance 928, approved by the Town Council on May 24, 2021 and which approved
amendments to PD7, and to change the name of the development to Westlake Ranch.
Mr. Ruthven then stated that he was available to answer any questions, and Mr. Brian
Elliott was also present to answer any questions for the Town Council.
With no questions for the Town Council, Mayor Wheat then asked for a motion to
approve Item #8.
MOTION: Council Member Dasgupta made a motion to approve Resolution
21-25. Council Member Langdon seconded the motion. The
motion carried by a vote of 5-0.
9. REVIEW AND DISCUSSION OF WESTLAKE ACADEMY PROOF OF RESIDENCY
POLICY.
Assistant Town Manager Jarrod Greenwood presented this item. He indicated that
several issues had arisen over the last few months regarding proof of residency for
Westlake Academy. He indicated that it has been difficult for future residents who are
TC/BOT Minutes—06/21/21
Page4of7
building homes to provide appropriate documentation or construction timelines due to
the issues that are afFecting the construction industry. Mr. Greenwood then asked if the
preference of the Board was to adhere to the specific language of the current policy, or if
any flexibility was possible for future residents, as the construction process in Westlake is
18-24 months. This disruption in the normal construction cycle has made it difficult for
potential students to meets the residency requirements under the current policy.
Westlake Academy Registrar Darcy McFarlane added that under the current policy,
several families have had issues having foundations poured or sufficient lumber available
to build their homes. This has resulted in some families enrolling their children into a
secondary boundary school, which is disruptive to the educational process of their
children.
Mayor Wheat supported obtaining an affidavit from the builder in order to obtain an
exemption from the policy and this was an opportunity to educate future residents who
has received incorrect information from their builders regarding enrollment at Westlake
Academy.
Council Member Trivedi stated that in the future, he felt that criteria and parameters
should be developed when considering regarding exceptions. The Board agreed that the
Superintendent should have discretion in the exercise of this policy with any changes.
This would only take place afiter staff has had an opportunity to determine '�residency"
under state law as it pertains to primary and secondary boundary students when
construction is involved. Staff will also review the policy for other criteria relating to
residency and any proposed local policy amendments.
10. RECAP OF THE 7UNE 17, 2021 BUDGET RETREAT.
Assistant Town Manager Jarrod Greenwood presented this item as a follow-up from the
budget retreat from the previous week. He stated that this item was placed on the
agenda to provide an opportunity for the Council/Board to consider the information that
had been presented, answer any questions, or receive clarity. Mayor Wheat commented
that she felt that it was good that any questions be asked in an open forum, as it would
lend understanding to everyone, and that staff efForts are a result of the Town Council's
direction as a whole.
Mr. Greenwood then explained the strategy map for the organization as a whole, and
how each department could also have their own strategy maps that tie into the overall
strategy map of the organization. Councilmember White inquired about teacher pay, and
Mr. Greenwood explained the pay and benefit structure that is currently in place is
modeled from surrounding Independent School Districts in order to remain competitive.
Several options for facility expansion were also discussed. Director of Public Works and
Facilities Troy Meyer answered several questions from the Board regarding future
expansion and the impact that the current facilities may have on education.
The Board asked several questions regarding strategies for employee growth and
retention related to salary and benefits. Mayor Wheat stated that she would love to see
Key Performance Indicators that would measure the success of every student, and also
how that success would be celebrated.
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Page5of7
11. PRESENTATION AND DISCUSSION REGARDING THE COVID-19 PANDEMIC,
INCLUDING UPDATES AND RECOMMENDATIONS ON MUNICIPAL AND
ACADEMIC OPERATIONS.
Assistant Town Manager Jarrod Greenwood stated that there were no updates on this
item; it has been maintained on the agenda to receive Council direction or in the event
something needed to be reported to the Council by staff.
12. EXECUTIVE SESSION:
The Town Council/Board of Trustees did not convene into Executive Session.
The Town Council/Board of Trustees will conduct a closed session pursuant to Texas
Government Code, annotated,Chapter 551,Subchapter D for the following:
a. Section 551.087 - Deliberation Regarding Economic Development
Negotiations (1) to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business
prospect that the governmental body seeks to have locate, stay, or expand i n
or near the territory of the governmental body and with which the
governmental body is conducting economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business
prospect described by Subdivision (1) for the following:
- Front 44
- Entrada
b. Section 551.071(2)551.071(2)Consultation with Attorney—to seek advice of
counsel on matters in which the duty of the Town Attorney under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551 of the Texas Government Code - FM 1938 access
for proposed Southlake development.
c. Section 551.071 - Discussion with the Town Attorney regarding pending,
threatened,or contemplated litigation regarding BRS.
d. Section 551.071(2)—Consultation with Town Attorney on a matter in wh ich
the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with this chapter: Resolution No. 00-19, a Contract with Hillwood
Development Corporation Concerning the Design Engineering and
Construction of the West Side Pump Station and the Dove Road Waterline.
e. Section 551.071 - Consultation with Town Attorney regarding pending,
threatened,or contemplated litigation regarding Vaquero drainage matters.
13. RECONVENE MEETING
The Town Council/Board of Trustees did not convene into Executive Session.
14. TAKE ANYACTION,IF NEEDED,FROM EXECUTIVE SESSION ITEMS.
None.
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Page6of7
15. COUNCIL RECAP/STAFF DIRECTION
• Review the admissions policy and bring any recommended changes to the Board.
• Provide a salary comparison and turnover report at a future meeting
16. FUTURE AGENDA ITEMS: Any Town Council or Board of Trustees member may
request at a meeting, under ��Future Agenda Item Requests" for an agenda item for a
future Town Council/Board of Trustees meeting. The Council Member making the
request will contact the Town Manager/Superintendent with the requested item and the
Town Manager will list it on the agenda. At the meeting, the requesting Council Member
will explain the item, the need for Council discussion of the item, the item's relationship
to the Council and/or Board's strategic priorities, and the amount of estimated stafF time
necessary to prepare for Council or Board discussion. If the requesting Council/Board
Member receives a second, the Town Manager/Superintendent will place the item on the
Town Council/Board of Trustees agenda calendar allowing for adequate time for stafF
preparation on the agenda item.
a. by Council for Discussion
i. Historical Designations for various properties in Westlake (5/24)
b. Proposed Items
c. Pending items
i. Westlake Academy Data Request
17. AD70URNMENT
There being no further business before the Town Council or Board of Trustees, Mayor
Wheat asked for a motion to adjourn the meeting.
MOTION: Council Member Langdon made a motion to adjourn the meeting.
Council Member Belvedere seconded the motion. The motion
carried by a vote of 5-0.
Mayor Wheat adjourned the meeting at 7:02 p.m.
ANYITEM ON THIS POSTEDAGENDA COULD BE DISCUSSEDIN EXECUTNE SESSION
AS LONGAS IT IS WITHIN ONE OFTHE PERMITTED CATEGORIES UNDERSECTIONS
551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT
CODE.
APPROVED BYTHE TOWN COUNCIL ON OCTOBER 25,2021.
ATTEST:
Laura Wheat, Mayor
Todd Wood,Town Secretary
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Page7of7
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BOARD OF TRUSTEES AGENDA ITEM
Regular Meeting - Consent Item
Monday, September 13, 2021
TOPIC: Consider a resolution amending the Westlake Academy Personnel Manual
for the 2021-2022 school year.
STAFF: Sandy Garza,Human Resource Director
STRA'�'Fr'Tr' AT T�:''vMENT
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People, Attract,Recruit
Personal Facilities & PYP / MYP/DP & Retain the
Responsibility Technology Highest Quality
Worlcforce
SUMMARY
The Westlake Academy Personnel Manual is a written compilation of the Academy's
employee policies,procedures, and benefits. It is a comprehensive document which must
be updated annually in response to changing laws, employment trends, as well as internal
changes to policies and procedures.
BOARD ACTION/OPTIONS
The Board of Trustees may move to approve or reject the proposed changes to the 2021-2022
Personnel Manual.
STAFF RECOMMENDATION
Staff recommends approval of the proposed policy amendments(contained in exhibit"A"), and
their inclusion in the 2021-2022 Westlake Academy Personnel Manual.
Page 1 of 2
FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: N/A Funding Source:N/A
Contract: No Forms: N/A
Service Levels:N/A
DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY
Westlake Academy:N/A
Comprehensive Plan: N/A
Cost Recovery Analysis: N/A
Traffic Impact: N/A
ATTACHMENTS
Resolution
EXhibit"A" -proposed policy additions,deletions, and changes.
Page2of2
WESTLAKE ACADEMY
RESOLUTION NO.21-22
A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES
AMENDING PERSONNEL POLICIES AND ADOPTING THE 2021-2022 WESTLAKE
ACADEMY PERSONNEL MANUAL.
WHEREAS, Westlake Academy recognizes that ongoing updates to the Academy's
personnel manual are necessary to ensure best practices;and,
WHEREAS, the leaders of Westlake Academy desire to promote professionalism,
safety, security, and high standards of performance in the workplace;and,
WHEREAS, Westlake Academy desires is to provide employees with a personnel
manual that reflects the goals and vision of the Academy's leaders; and,
WHEREAS,the Board of Trustees finds that the passage of this Resolution is in the best
interest of the citizens of Westlake as well as the students,theirparents, and faculty of Westlake
Academy.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1: that, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Westlake Academy Board of Trustees does hereby amends the
current manual with the propo sed personnel policy additions and changes, atta che d a s Exh ib it
"A", and adopts the 2021-2022 Westlake Academy Personnel Manual with the aforementioned
additions and/or amendments.
SECTION 3: If any portion of this Resolution shall, for any reason,be declared invalid
by any court of competent jurisdiction,such invalidity shall not affect the remainingprovisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution WA 21-22
Page 1 of 4
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 13TH DAY OF SEPTEMBER 2021.
ATTEST: Laura Wheat, President
Todd Wood, Town Secretary Amanda DeGan, Superintendent
APPROVED AS TO FORM:
Janet S. Bubert or L. Stanton Lowry,
School Attorney
Resolution WA 21-22
Page 2 of4
Exhibit"A"
Westlake Academy Personnel Manual
2021-2022 Proposed Updates(deletions in red, additions in blue)
Equal employment opportunity
Westlake Academy does not discriminate against any employee or applicant for employment because of
race, color,religion,�, gender,national origin,age, disability,military status, genetic information,or on
any other basis prohibited by law. Employment decisions will be made on the basis of each applicant's
job qualifications, experience, and abilities. Additionally,Westlake Academy does not discriminate
against an employee or applicant who acts to oppose such discrimination or participates in the
investigation of a complaint related to a discriminatary employment practice.
Employees with questions or concerns about discrimination on the basis of race, color,religion, sex,
national origin, age, disability, genetic information,or military status should contact the Superintendent or
the Human Resources Office.
Job vacancy announcements
Announcements of j ob vacancies by will be made by one or more of the following methods: in the Town
of Westlake's newspaper of record,posted internally in common faculty areas, and/or on the Academy's
website. Job vacancies may be advertised on additional third-party websites, at the discretion of the
Superintendent or designee.
Employment after retirement
Individuals receiving retirement benefits from the Teacher Retirement System(TRS)may be employed�
';�;*��' �;��„�°,*�����under certain circumstances on a full- or part-time basis without affecting their
benefits, according to TRS rules and state law. Detailed information about employment after retirement
is available in the TRS publication Employment After Retirement. Employees can contact TRS for
additional information by calling 800-223-8778 or 512-542-6400. Information is also available on the
TRS Web Site(www.trs.texas.�ov). Notwithstanding the above, TRS rules and state law will govern.
Notification to Parents Regarding Qualifications
, � d
��) ln schools receiving Title 1 funds, the Every Student Succeeds Act(ESSA)requires schools
to notify parents at the beginning of each school year that they may request information regarding the
professional qualifications of their child's teacher. �B ESSA also requires that parents be notified if
their child has been assigned or taught for four or more consecutive weeks by a teacher who i�
�does not meet applicable state certification or licensure requirements.
Texas law also requires that parents be notified if their child is assigned for more than 30 consecutive
instructional days to a teacher who does not hold an appropriate teaching certificate. This notice is not
required if parental notification under NCLB is sent. Inappropriately certified or uncertified teachers
include individuals on an emergency permit(including individuals waiting to take a certification exam) or
Resolution WA 21-22
Page 3 of4
individuals who do not hold any certificate or permit. Information relating to teacher certification will be
made available to the public upon request.
Reporting Suspected Child Abuse
All��employees��� ��P�;��n��� ^,-�Pr*;f;��h��*�P�are required by state law to report
any suspected child abuse or neglect to a law enforcement agency, Child Protective Services, or
appropriate state agency(e.g., state agency operating, licensing, certifying, orregistering a facility)within
48 hours of the event that led to the suspicion. �`r^^ ';^�����' ^ �r*;�;�a � �'^����� �'�^„'a ^'�^
If the suspected abuser is the child's parent or legal guardian,reports must be submitted to Child
Protective Services. (no changes to the remainder of this policy)
Reports to the Texas Education Agency
The dismissal of a certified employee must be reported to the Division of Investigations at TEA whenever
the termination is based on evidence that the employee was involved in any of the following:
. A reported criminal history
. Any form of sexual/physical abuse of a minor or any other illegal�et contact with a student
or a minor
• Soliciting or engaging in sexual conduct or a romantic relationship with a student or minor
• The possession, transfer, sale, or distribution of a controlled substance
• The illegal transfer, appropriation,or expenditure of school property or funds
. An attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit for the
purpose of promotion or additional compensation
• Committing a criminal offense or any part of a criminal offense on school property or at a school-
sponsored event
• Violating assessment instrument security procedures
The superintendent is also required to notify TEA when a certified employee resigns and there is evidence
�t the educator engaged in the conduct listed above.
The reporting requirements above are in addition to the superintendent's ongoing duty to notify T'EA
when a certified employee has a reported criminal history. "Reported criminal history"means any formal
criminal justice system charges and dispositions including arrests, detentions, indictments, criminal
information, convictions, deferred adjudications, and probations in any state or federal jurisdiction that is
obtained by a means other than the Fingerprint-based Applicant Clearinghouse of Texas(FACT).
Resolution WA 21-22
Page 4 of4
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BOARD OF TRUSTEES AGENDA ITEM
Regular Meeting - Consent Item
Monday, October 25, 2021
TOPIC: Provide a 457 Retirement Plan for Westlake Academy staff through
MissionSquare Retirement.
STAFF: Dr.Mechelle Bryson,Executive Director
STRA'�'Fr'Tr' AT T�:''vMENT
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Academic Increase the
Academic Excellence PYP / MYP/DP Capacity of
Operations Teachers& Staff
SUMMARY
To incresase the number of Westlake Academy staff preparing for their future by providing a pre-
tax retirement option through MissionSquare,formerly ICMA RC. MissionSqaure Retirement is
a non-profit independent financial services corporation providing retirement plans and related
services for more than a million public sector participant accounts. The 457 plan is a type of
nonqualified, tax advantaged deferred-compensation retirement plan that is available for
governmental and certain nongovernmental employers. The employer provides the plan and the
employee defers compensation into it on a pretax or after-tax basis.
The municipal organization currently uses this plan as a supplemental retirement benefit for staff.
There is no cost to the Academy for the implementation of this plan. With approval, staff will
work with MissionSqaure Retirement to define the plan options with the goal of providing
information and education to Academy staff before the end of the calendar year for staff that
voluntary elect to participate in the program. This offering is in addition to their TRS retirement
plan.
Page 1 of 2
COUNCIL ACTION/OPTIONS
To approve the offering of the 457 plan to Academy staff from MissionSqaure Retirement and
authorize staff to implement this additional benefit offering.
STAFF RECOMMENDATION
Staff recommends approval
FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: None Funding Source:N/A
Contract: No Forms: N/A
Service Levels:N/A
DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY
Westlake Academy:N/A
Comprehensive Plan: N/A
Cost Recovery Analysis: N/A
Traffic Impact: N/A
ATTACHMENTS
Resolution
Page2of2
WESTLAKE ACADEMY
RESOLUTION WA 21-23
A RESOLUTION APPROVING THE ADDITION OF A 457 DEFERRED
COMPENSATION PLAN TO THE EMPLOYEE BENEFIT PACKAGE,
ESTABLISHING THE ACADEMY'S 457 DEFERRED COMPENSATION PLAN
PROGRAM COORDINATOR, AND AUTHORIZING THE SUPERINTENDENT TO
ENTER INTO AN AGREEMENT WITH MISSIONSQUARE RETIREMENT.
WHEREAS, Westlake Academy has employees rendering valuable services; and
WHEREAS, the establishment of a deferred compensation plan for such employees
serves the interests of Westlake Academy by enabling it to provide reasonable retirement
security for its employees, by providing increased flexibility in its personnel management
system, and by assisting in the attraction and retention of competent personnel;and
WHEREAS, Westlake Academy has determined that the establishment of a deferred
compensationplan to be administeredby MissionSquare Retirement serves the above objectives;
and
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That,the Board of Trustees of Westlake Academy, hereby approves the
decision to offer a 457 deferred compensation plan and that the HR Director shall be the
coordinatorforthis program; shallreceive necessary reports,notices, etc. from MissionSquare
Retirement and is authorized to execute all necessary agreements incidental to the administration
of this plan.
SECTION 3: If any portion of this resolution shall,for anyreason,be declared invalid
by any court of competent jurisdiction,such invalidity shall not affect the remainingprovisions
hereof andthe BoardofTrustees hereby determines thatitwouldhave adoptedthis Resolution
without the invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
Resolution WA 21-23
Page 1 of 2
PASSED AND APPROVED ON THIS 25t''DAY OF OCTOBER 2021.
Laura Wheat, President
ATTEST:
Todd Wood,Board Secretary Amanda DeGan, Superintendent
APPROVED AS TO FORM:
Janet S. Bubert or L. Stanton Lowry,
School Attorney
Resolution WA 21-23
Page 2 of2
T x e i o w H o r
WESTLAKE
OISfINCiIVE HY III:SIGN
TOWN COUNCIL AGENDA ITEM
Regular Meeting - Consent
Monday, October 25, 2021
TOPIC: Consider approval of resolution approving a development and economic
development agreement between Pearson 35 Opportunities,LLC and The
Town of Westlake
STAFF: Ron Ruthven, Planning and Development Director
STRATEGIC ALIGNMENT
i i � . � . ., ; � • � � � �
High Quality Planning Design&
Development-We are a desirable
Planned/Responsible Citizen,Student& Well planned,high-quality preserve Desirability
Development Stakeholder communitythat is distinguishedby &Quality of Life
exemplary design standards.
SUMMARY
This item involves approval of a development and economic development agreement between
Pearson 35 Opportunities, LLC and the Town of Westlake. Pearson 35 Opportunities, LLC is the
developer of Westlake Ranch,which is a 32-lot single family detached residential development
located at the southeast of corner Pearson Lane andAspen Lane. The development was approved
by the Town Council on May 24, 2021 by Ordinance 928.
COUNCIL ACTION/OPTIONS
• Approve the proposed Resolution;
• Deny the proposed Resolution;
• Table the item.
STAFF RECOMMENDATION
Approval.
FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: N/A Funding Source:N/A
Contract: Yes Forms: Forms 1295 &2270
Page 1 of 2
DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY
Westlake Academy: The proposed economic development agreement will result in payment by
the developer of$160,000.00 to Westlake Academy.
Comprehensive Plan: There no impacts to the comprehensive plan as a result of the proposed
agreement.
Traffic Impact: There no impacts to traffic as a result of the proposed agreement.
ATTACHMENTS
1. Proposed Resolution including development and economic development agreement
Page2of2
TOWN OF WESTLAKE
RESOLUTION NO.21-35
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS,
APPROVING A DEVELOPMENT AGREEMENT FOR SUBDIVISION
IMPROVEMENTS AND AN ECONOMIC DEVELOPMENT AGREEMENT WITH
PEARSON 35 OPPORTUNITIES, LLC, FOR A PORTION OF PLANNED
DEVELOPMENT DISTRICT 7,KNOWN AS WESTLAKE RANCH.
WHEREAS, the Westlake Ranch residential development was approved by the Town
Council by Ordinance 928 on May 24, 2021; and,
WHEREAS, the Town is a duly created and validly existing Type A General Law
Municipality, created under the laws of the State of Texas, including particularly,but not by way
of limitation, Chapter 51, Texas Local Government Code ("LGC");and
WHEREAS,the Town of Westlake is experiencingplanned growth through the attraction
of economic development projects such as Fidelity Investments,Deloitte University, and Charles
Schwab, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, Granada,
Entrada and the Knolls at Solana which are consistent with the Town's Comprehensive Plan, as
well as enrollment growth at Westlake Academy, all of which contribute to demand far
improvements to Westlake's infrastructure and public buildings: and,
WHEREAS, the Town of Westlake (Town) and Pearson 35 Opportunities, LLC (the
Owner) desire to enter into a partnership to continue this planned growth through an Economic
Development Agreement,which sets out certain responsibilities for the Owner and the Town as it
relates to the development in Westlake;and,
WHEREAS,the Economic Development Policy and the Tax Abatement Policy constitute
appropriate guidelines and criteria governing economic development agreements to be entered into
by the Town as contemplated by Chapter 3 78 and Chapter 3 80 of the LGC and Chapter 312 of the
Tax Code,providing for the availability of economic incentives for new facilities and structures;
and
WHEREAS, Pearson 35 Opportunities, LLC, as the owner of land located within the
Town, intends to develop 34.798 acres(as defined herein), and the development and construction
on such Land is expected to significantly enhance the economic base of the Town; and
WHEREAS,the Constitution and laws of the State of Texas,including,but notby way of
limitation, Chapter 378 and Chapter 3 80 of the LGC, Chapter 312 of the Tax Code and the Texas
Constitution, authorize the Town to enter into economic development agreements; and
WHEREAS, the Town has an economic developmentpolicy adoptedby Resolution 16-
30;and
Resolution 21-35
Page 1 of 3
WHEREAS, the Town of Westlake (Town) and Pearson 35 Opportunities, LLC (the
Owner)desire to enter into a partnership to continue this planned growth through a Development
Agreement for Subdivision Improvements,which sets out responsibilities for the Owner and the
Town as it relates to the development in Westlake; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are foundto be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That,the Town Council of the Town of Westlake, Texas,hereby approves
the Development Agreement for Subdivision Improvements attached hereto as Exhibit"A",and
the Economic Development Agreement attached hereto as Exhibit "B" with the Owner; and
further authorizes the Town Manager to execute said agreements and pursue any necessary
procedures on behalf of the Town of Westlake.
SECTION 3: If any portion of this Resolution shall, for any reason,be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25TH DAY OF OCTOBER 2021.
ATTEST:
Laura Wheat,Mayor
Todd Wood, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 21-35
Page 2 of 3
EXHIBITS
EXHIBIT A DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS
EXHIBIT B ECONOMIC DEVELOPMENT AGREEMENT
Resolution 21-35
Page 3 of 3
DEVELOPMENT AGREEMENT FOR SUBDIVISION IMPROVEMENTS—
WESTLAKE RANCH
This Agreement is entered into by and between the Town of Westlake,Texas,hereinafter referred
to as the "Town", and the undersigned Developer, Pearson 35 Opportunities, LLC, hereinafter
referred to as the "Developer", as Developer of WESTLAKE RANCH, hereinafter referred to as
the "Development", for the installation of certain community facilities and improvements,
hereinafter referred to as the "Improvements", located therein, and for the provision of Town
services thereto. It is understoodby and between the parties that this Agreement is applicable to
the lots contained within the Development and to the off-site Improvements necessary to support
the Development as shown on WESTLAKE RANCH Preliminary Site Evaluation approved by
Resolution 21-25. Further, it is understood that this agreement is specific to subdivision
improvements and that a subsequent agreement between the Developer and the Town that
addresses the remaining outstanding provisions contained in Ordinance 928 shall be approved no
later than 12 (twelve)months from the date that this agreement is executed.
NOW,THEREFORE, in consideration ofthe premises cited hereinabove andthe mutual covenants
and promises contained herein,the sufficiency of which is acknowledged,the parties hereto agree
as follows:
A. DEFINITIONS
In Development to the terms defined in the body of this Agreement,the following terms shall ha�e
the definitions ascribed to them as follows:
A�reement shall mean this Development Agreement between the Town of Westlake and
Pearson 35 Opportunities,LLC.
Affiliate shall mean all entities, incorporated or otherwise,under common control with,
controlled by or controlling the Developer. For purposes of this definition, "control"means fifty
percent(50%)or more of the ownership determined by either value or vote.
Developer shall mean the Developer and/or its Affiliates or assigns.
Development shall mean the single family detached residential development depicted on
the WESTLAKE RANCH Preliminary Site Evaluation, approved by the Town of Westlake Town
Council on June 21, 2021.
Town shall mean the Town of Westlake, Texas, and its officials assigned by the Town
Manager to review and approve submittals in accordance with the Town of Westlake Code of
Ordinances and published standards,restrictions,rules andregulations.
B. GENERAL DESIGN AND CONSTRUCTION REQUIREMENTS
1. The Developer shall furnish,at its own expense, all engineering services required for the
Development and the Improvements. Engineering services shall be performed by a
professional engineer registered in the State of Texas. Such engineering services shall
Resolution 21-XX
WESTLAKE RANCH Development AgreementPage 1 of 13
conform in all respects to the Town engineering and design standards. Engineering
services shallconsistof,butnotbe limitedto,survey,designs,plans andprofiles,estimates,
construction supervision, and the furnishing of necessary documents in connection
therewith. All engineering plans shall be submitted for review by, and be subject to, the
stamped acceptanceby the town engineer.The town engineer's review and acceptance does
not relieve the Developer or Developer's engineer of the responsibility for design and
construction.
2. Construction of the Improvements shall be in strict conformance with the plans to be
prepared by the Developer and reviewed and accepted by the town engineer and with all
policies, standards,and standards and specifications adoptedby the Town relating thereto.
The town engineer's review and acceptance of the plans shall not limit or affect the
Developer's responsibility for design and construction.
3. The Developer shall employ, at its own expense, a qualified testing company,previously
approved by the Town, to perform all testing of materials or construction that may be
required by the Town and shall furnish copies of test results to the town engineer.
4. At all times during construction of the Improvements,the Town shall have the right, but
not the duty, to inspect materials and workmanship, and all materials and work shall
conform to the accepted plans and specifications. Any material or work not conforming to
the accepted plans and the Town's engineering standards shall promptly be removed or
replaced to the satisfaction of the town engineer at the Developer's expense.
5. The Developer will be responsible for mowing all grass and weeds and otherwise
reasonably maintaining all land within the Development which has not been sold to third
parties. After fifteen (15) days written notice, should the Developer fail in this
responsibility,the Town may contract forthis service and bill the Developer forreasonable
costs. Should the costs remain unpaid for thirty (30)days after notice,the Town may issue
a construction stop work order until all costs are paid.
6. The obligations of the Developerprovided forin this agreementpertainingto Development
Improvements shallbe performedno laterthan two(2)years from the issuance ofthe notice
to proceed for construction of Development Improvements, and proper application for
acceptance of the Improvements shall be made by such date.
7. No Improvements shall be deemed to be completed until the town engineer has certified,
in writing, that the Improvements have been completed in general conformance with the
plans therefore as accepted by the Town.
8. The Developer shall provide the town engineer with a sworn affidavit, signed by the
Developer's authorizedrepresentative,that the Improvements completedhave been paid
for, in full, by the Developer. The Developer shall be responsible for the information so
provided. Said written certification will be reviewed by the Town, but the Town shall
assume no responsibility or liability to any party regarding the veracity of the information
so provided.
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WESTLAKE RANCH Development AgreementPage 2 of 13
9. Before the Town accepts the Improvements, Developer shall furnish to the Town
reproducible "as constructed"drawings, certified accurate by the town engineer.
10.Developer is responsible for all permit fees associated with the construction or installation
of the Improvements. These fees include all fees contained in the Westlake Code of
Ordinances and the most recently adopted fee schedule.
ll.Before commencing the construction of any Improvements herein agreed upon, the
Developer shall acquire at its own expense clear and sufficient title to streets and
easements,free and clear of any liens or encumbrances on all lands and facilities other than
Developer's development loan, if any,traversedby theproposed Improvements. All such
streets and easements shall be dedicated or conveyed either to the HOA or the Town, and,
if to the Town,the documents of dedication or conveyance shall be furnished to the Town
for recording. A policy of title insurance insuring title in the Town for a commercially
reasonable policy amount may be required by the Town, and the Developer shall pay the
premium for such title insurance policy.
12.As described and required in Ordinance 928 the Developer as defined herein, and
homebuilder of all homes in the development, shall operate and be managed by a single
entity- Pearson 35 Opportunities, LLC -or by Affiliate(s) of Pearson 35 Opportunities,
LLC. All buildingpermits issued for new construction in the development shall only be
issued to Developer's home building entity or its Affiliate.
13.Not later than 150 (one-hundred and fifty)days after the approval of the preliminary site
evaluation, the Developer shall submit a master landscape plan for the development
prepared by a State of Texas registered landscape architect. No building permit for new
home construction shall be issued until said landscape plan receives final approval per the
provisions of Ordinance 928.
14.Not later than twelve (12) months from the date Westlake Town Council approves this
agreement and prior to the issuance of any building permit for new home construction, an
additional mutually acceptable development agreement(s) shall be entered into by and
between the Developer and Town thatdetails the followingitems: development covenants,
conditions andrestrictions(CCR's)to be enforcedbythe homeowner's association(HOA),
which should include HOA dues, duties and powers,transitional details providing for an
orderly transition from the declarant to the HOA,and Town review of HOA dues to provide
for adequacy of funding of maintenance of private infrastructure to Town standards by the
HOA; architectural design guidelines demonstrating full compliance with the Town
approved Building Quality Manual;homebuilder requirements and obligations;regulation
of public/guest parking spaces and maintenance; cluster mailbox designs and locations;
parkland dedication. The additional agreement(s)may be entered into as amendment to
this agreement or as a separate agreement.
Resolution 21-XX
WESTLAKE RANCH Development AgreementPage 3 of 13
15.Per the requirements of the Code of Ordinances, all existing overhead electric utility lines
within and immediately adjacent to the development shall be relocated underground at the
Developer's expense to the extentpermittedby the adjacent landowners.
16.Construction, grading and/or clearing activities shall not commence until a notice to
proceed is issued by the Town Manager or designee.
17.Prior to the issuance of the notice to proceed,the Developer shall submitan erosion control
plan to the Town Manager or designee for review and approval. At a minimum,the plan
shall meet all Town ordinance requirements in addition to any additional conditions
required by the Town Manager or designee.
18.Town personnel shallhave unrestrictedaccessto this developmentin perpetuity for official
Town business including inspection of construction, and general inspection of the
condition of the development and for maintenance of utilities
C. UTILITIES
1. The Developer shall furnish proof that proper arrangements have been made for the
installation of water, sanitary sewer,gas, electric and duct bank utilities.
2. The Developer hereby agrees to install water facilities to serve all lots shown on the
Preliminary Site Evaluation of the Development in accordance with plans and
specifications to be prepared by the Developer's engineer and released by the Town for
construction and in accordance with Chapter 82,Article IX,Water Facilities, of the Town
of Westlake Ordinances, as amended, and any other local, state and federal regulations.
The Developer shall be responsible for all construction costs,materials and engineering
3. The Developer hereby agrees to install sanitary sewer collection facilities to service all lots
as shown on the final plat of the Development. Sanitary sewer facilities will be installed in
accordance with the plans and specifications to be prepared by the Developer's engineer
and released by the Town. Further, the Developer agrees to complete this installation in
accordance with Chapter 82, Article X, Wastewater Facilities, of the Town of Westlake
Ordinances, as amended, and any other local, state and federal regulations. The Developer
shall be responsible for all construction costs,materials, engineering, and permits.
4. The Developer hereby agrees to install drainage facilities to service all lots as shown on
the final plat of the Development in accardance with the plans and specifications to be
prepared by Developer's engineer and released by the Town for construction. The
Developer also agrees to adhere to Chapter 82,Article X, Drainage Facilities, of the Town
of Westlake Ordinances, as amended.The Developer hereby agrees to fully comply with
all EPA, TCEQ and FEMA requirements relating to the planning, permitting and
management of storm water which may be in force at the time that development proposals
are being presented for approvalto the Town.The Developerhereby agrees to comply with
all provisions of the Texas Water Code.
Resolution 21-XX
WESTLAKE RANCH Development AgreementPage 4 of 13
D. COMPLETION OF AGREEMENT
This Agreement shall not be considered complete until:
1. All public improvements andinfrastructure mustbe finished and
complete,then accepted by the Town.
2. Lighting Plan must be complete and street lights installed in accordance
with the Plan and accepted by the Town.
3. All requirements of the Economic Development Agreement must be
satisfied.
4. Record Drawings for all streets and utilities in the Development, including
street lighting, must be certified by the Developer Engineer, and accepted
by and filed with the Town Engineer and provided in the following
format:
a. Three (3) sets of record drawings;
b. Digital record drawings with GIS spatial data and coordinates
compatible with the latest version of Arc View/ArcGIS;
c. Digital record drawings compatible with the latest version of
AutoCAD; and
d. Digital record drawings in PDF format.
5. All fees must have beenpaid.
6. Original Maintenance Bonds must have beenprovided, and any other
required bonds.
7. Lien Release(s)must have been provided.
8. All Developer Obligations under this Agreement, Economic Developer
Agreement, and Ordinance 882 must have been met.
E. USE OF PUBLIC RIGHT OF WAY
It is agreed by and between the Town and Developer that the Developer may
provide unique amenities within public right-of-way, such as landscaping
irrigation, lighting, patterned concrete, etc., for the enhancement of the
Development. The Developer agrees to maintain these amenities until such
responsibility is turned over to the HOA.The Developer and successors and assigns
understand that the Town shall not be responsible for the replacement of these
amenities under any circumstances and further agrees to indemnify and hold
harmless the Town from any and all damages, loss or liability of any kind
whatsoever by reason of injury to property or third person occasioned by the
Developer's use of the public right-of-way with regard to these improvements and
the Developer shall, at his own cost and expense, defend and protect the Town
against all such claims and demands.
F. DEFAULT, TERMINATION AND FAILURE BY THE DEVELOPER TO MEET VARIOUS
DEADLINES AND COMMITMENTS.
1. Failure to Pay Town Taxes or Fees
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WESTLAKE RANCH Development AgreementPage 5 of 13
An event of default shall occur under this Agreement if during the term hereof any
legally-imposed Town taxes or fees owed on,or generated by,the Developer or one
of its Affiliates with regard to the Development become delinquent and Developer
or the Affiliate does not either pay such taxes when due or follow the legal
procedures for protest and/or contest of any such taxes. In this event, the Town
shall notify the Developer in writing and the Developer shall have sixty (60)
calendar days to cure such default. If the defaulthas notbeen fully curedby such
time, the Town shall have the right to terminate this Agreement immediately by
providing written notice to the Developer and shall have all other rights and
remedies that may be available to it under the law or in equity.
2. Violations of Town Code,State or Federal Law
An event of default shall occur under this Agreement if during the term hereof any
written citation is issued to the Developer or an Affiliate due to the occurrence of a
violation of a materialprovision of the Town Code with respectto the Development
(including,without limitation, any violation of the Town's Building or Fire Codes,
and any other Town Code violations related to the environmental condition of the
Development, or to matters concerning the public health, safety or welfare) and
such citation is not paid or the recipient of such citation does not properly follow
the legal procedures for protest and/or contest of any such citation. An event of
default shall further occur under this Agreement if the Developer or its Affiliate is
in violation of any material state or federal law,rule or regulation on account of the
Development, improvements in the Development or any operations thereon
(including,withoutlimitation,any violations related to the environmentalcondition
of the Development;the environmental condition on other land or waters which is
attributable to operations of the Development;or to other matters concerning the
public health, safety or welfare related to the Development). Upon the occurrence
of such default,the Town shall notify the Developer in writing and Developer shall
have (i) thirty (30) calendar days to cure such default or (ii) if Developer has
diligently pursued cure of the default but such default is not reasonably curable
within thirty(30)calendar days,then such amount of time thatthe Town reasonably
agrees is necessary to cure such default. If the default has not been fully curedby
such time,the Town shall have the right to terminate this Agreement immediately
by providing written notice to the Developer and shall have all other rights and
remedies that may be available to under the law or in equity.
3. General Breach
Unless stated elsewhere in this Agreement,the Developer shall be in default under
this Agreement if the Developer breaches any term or condition of this Agreement
In the event that such breach remains uncured after thirty (30) calendar days
following receipt of written notice from the Town referencing this Agreement(or,
if the Developerhas diligently and continuouslyattempted to cure followingreceipt
of such written notice but reasonably requires more than thirty(30)calendar days
Resolution 21-XX
WESTLAKE RANCH Development AgreementPage 6 of 13
to cure,then such additional amount of time as is reasonably necessary to effect
cure, as determined by both Parties mutually and in good faith), the Town shall
have the right to terminate this Agreement immediately by providing written notice
to Developer.
G. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP
It is expressly understood and agreed that the Developer shall not operate as a
servant,contractor agent,representative or employee of the Town. Developer shall
have the exclusive right to control all details and day-to-day operations relative to
its operations and obligations that it is required to perform under the Agreement
and shall be solely responsible for the acts and omissions of its officers, agents,
servants,employees,contractors,subcontractors,licensees andinvitees. Developer
acknowledges that the doctrine of respondeat superior will not apply as between
the Town and Developer, or Town's officers, agents, servants, employees,
contractors, subcontractors,licensees, and invitees. The Developer further agrees
that nothing in this Agreement will be construed as the creation of a partnership or
joint enterprise between the Town and Developer.
H. INDEMNIFICATION
THE DEVELOPER,AT NO COST OR LIABILITY TO THE TOWN, AGREES
TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS,
ELECTED AND APPOINTED OFFICIALS, AGENTS, ATTORNEYS,
SERVANTS AND EMPLOYEES (TOGETHER WITH THE TOWN, EACH A
"TOWN INDEMNIFIED PERSON") HARMLESS AGAINST ANYAND ALL
THIRD PARTY CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES
RELATED THERETO, INCLUDING,BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO THE DEVELOPER'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT
RELATE TO, ARISE OUT OF OR ARE OCCASIONED BY (i) THE
DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF
THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF THE DEVELOPER, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS(OTHER THAN THE TOWN,
OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES,
CONTRACTORS OR SUBCONTRACTORS), OR SUBCONTRACTORS DUE
OR RELATED TO, FROM, OR ARISING FROM THE OPERATION AND
CONDUCT OF ITS OPERATIONS AND OBLIGATIONS OR OTHERWISE
TO THE PERFORMANCE OF THIS AGREEMENT. NOTWITHSTANDING
THE FOREGOING, NOTHING IN THIS SECTION SHALL REQUIRE
DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY CLAIMS ARISING
O UT OF THE GROSS NEGLIGENCE OR WILLFUL MISCOND UCT OF THE
TOWN ENGINEER OR ANYTOWN INDEMNIFIED PERSON.
Resolution 21-XX
WESTLAKE RANCH Development AgreementPage 7 of 13
L 1NDEMNITY AGAINST NEGLIGENT DESIGN
APPROVAL OF THE TOWN ENGINEER OR OTHER TOWN EMPLOYEE,
OFFICIAL, CONSULTANT, EMPLOYEE, OR OFFICER OF ANY PLANS,
DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER
UNDER THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED
TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE
DEVELOPER, ITS ENGINEER, CONTRACTORS, EMPLOYEES,
OFFICERS, OR AGENTS FOR THE ACCURACY AND COMPETENCY OF
THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL SHALL NOT
BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR
LIABILITY BY THE TOWN FOR ANY DEFECT IN THE DESIGN AND
SPECIFICATIONS PREPARED BY THE CONSULTING ENGINEER, ITS
OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, IT BEING THE
INTENT OF THE PARTIES THAT APPROVAL BY THE TOWN ENGINEER
OR OTHER TOWNEMPLOYEE, OFFICIAL, CONSULTANT, OR OFFICER
SIGNIFIES THE TOWN APPROVAL OF ONLY THE GENERAL DESIGN
CONCEPT OF THE IMPROVEMENTS TO BE CONSTRUCTED. IN THIS
CONNECTION, THE DEVELOPER SHALL INDEMNIFY AND HOLD
HARMLESS EACH TOWN INDEMNIFIED PERSON, FROM ANY LOSS,
DAMAGE, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO
PROPERTYAND INJURIES,INCLUDINGDEATH, TOANYANDALL
PERSONS WHICH MAY ARISE OUT OF ANY NEGLIGENT DESIGN OF
THE ENGINEER INCLUDED IN DESIGNS AND SPECIFICATIONS
INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN
ACCORDANCE THEREWITH, AND THE DEVELOPER SHALL DEFEND
AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS
BRO UGHTAGAINST ANY TOWNINDEMNIFIED PERSON, ONACCO UNT
THEREOF, TO PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS
WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM,
COLLECTIVELY OR INDIVID UALLY, PERSONALLY OR IN THEIR
OFFICIAL CAPACITY, IN CONNECTIONHEREWITH;PROVIDED THAT
DEVELOPER SHALL HAVE THE RIGHT TO SELECT COUNSEL OF ITS
O WN CHOOSING AND SHALL HA VE ALL REQ UISITE A UTHORITY TO
ENTER INTO ANY SETTLEMENT AGREEMENT AT ANY TIME IN
CONNECTION WITH ANY SUCH CLAIMS OR LIABILITIES FOR WHICH
DEVELOPER OWES INDEMNITY UNDER THIS SECTION.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION
SHALL REQUIRE DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY
CLAIMS ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL
MISCOND UCT OF THE TOWN ENGINEER OR ANY TOWN
Resolution 21-XX
WESTLAKE RANCH Development AgreementPage 8 of 13
INDEMNIFIED PERSON.
J. NOTICES
All written notices called for or required by this Agreement shall be addressed to
the following, or such other party or address as either party designates in writing,
by certified mail,postage prepaid, or by hand delivery:
If to Developer: Pearson 35 Opportunities,LLC
Attn: Bryan Elliott
2800 East Texas Highway 114, Suite 360
Trophy Club, Texas 76262
With a copy to: Developer's Attorney
Address 1
Address 2
City, Texas Zip Code
If to Town: Town of Westlake
Attn: Town Manager
1500 Solana Blvd.
Building 7, Suite 7200
Westlake,Texas 76262
With a copy to: Boyle &Lowry, L.L.P.
Attn: L. Stanton Lowry
4201 Wingren Dr., Suite 108
Irving, Texas 75062
K. ASSIGNMENT AND SUCCESSORS
As described and required in Ordinance 928,Pearson 35 Opportunities,LLC will
manage and oversee the development and homebuilding of all homes in the
development. The developer that is the signatory party in the development
agreement is hereby identified as Pearson 35 Opportunities, LLC. All building
permits issued for new construction of single-family homes in the development
shall only be issued to Pearson 3 5 Opportunities, LLC's homebuilding entity, or its
Affiliate, Any lawful assignee or successor in interest of the Developer of all rights
and obligations under this Agreement shall be deemed `the Developer' for all
purposes under this Agreement.A permitted successor to Pearson 3 5 Opportunities,
LLC must (1) assume this Agreement and (2) agree to follow the approved
architectural design guidelines established by the Developer and approvedby the
Town. A third party appointed by Pearson 35 Opportunities, LLC(may include a
financial institution providing financing to Pearson 35 Opportunities, LLC [a
"Lender"])may manage and oversee the development of,and homebuildingwithin,
Resolution 21-XX
WESTLAKE RANCH Development AgreementPage 9 of 13
the development under the same requirements. The Developer may not assign,
transfer or otherwise convey any of its rights or obligations under this Agreement
to any other person ar entity without the prior consent of the Town Council,which
consent will not be unreasonably withheld,provided that any lender to Developer
is a permitted assignee, under the terms of a collateral assignment, as are such
lender's assignees.
L. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS
This Agreement will be subject to all applicable Federal, State and local laws,
ordinances,rules and regulations, including,but not limited to,all provisions of the
Town's codes and ordinances, as amended,
M. GOVERNMENTAL POWERS
It is understoodthatby execution of this Agreement,the Town does notwaive or
surrender any of it governmentalpowers or immunities that are outside of the tern�s,
obligations, and conditions of this Agreement.
N. NO WAIVER
The failure of either party to insist upon the performance of any term or provision
of this Agreement or to eXercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any
such right on any future occasion.
O. VENUE AND JURISDICTION
If any action,whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement,venue for such action shall lie in state courts located
in Tarrant County, Texas or the United States District Court for the Northem
District of Texas— Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
P. NO THIRD PARTY RIGHTS
The provisions and conditions of this Agreement are solely for the benefit of the
Town and The Developer, and any lawful assign or successor of The Developer,
and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
Q. FORCE MAJEURE
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligation hereunder is delayed by reason of war, civil
commotion, acts of God, inclement weather that prohibits compliance with any
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WESTLAKE RANCH Development AgreementPage 10 of 13
portion of this Agreement, or other circumstances which are reasonably beyond the
control or knowledge of the party obligated or permitted under the terms of this
Agreementto do or perform the same,regardless of whether any such circumstance
is similar to any of those enumerated or not, the party so obligated or permitted
shall be excused from doing or performing the same during such period of delay,
so that the time period applicable to such requirement shallbe extendedfor a period
of time equal to the period such party was delayed.
R INTERPRETATION
In the event of any dispute over the meaning or application of any provision of this
Agreement,this Agreement shall be interpreted fairly and reasonably, and neither
more strongly for or against any parry, regardless of the actual drafter of this
Agreement.
S. SEVERABILITY CLAUSE.
It is hereby declared to be the intention of the Parties that sections, paragraphs,
clauses and phrases of this Agreement are severable, and if any phrase, clause,
sentence,paragraph or section of this Agreement shall be declared unconstitutional
or illegal by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality or illegality shall not affect any of the remaining phrases,
clauses, sentences,paragraphs or sections of this Agreement since the same would
have been executed by the Parties without the incorporation in this Agreement of
any such unconstitutional phrase, clause, sentence,paragraph or section. It is the
intentof the Parties to provide the economic incentives containedin this Agreement
by all lawful means.
T. CAPTIONS
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
U. ENTIRETY OF AGREEMENT
This Agreement, including any attachments attached hereto, including the
Requirements for Contractor's Insurance and any documents incorporated herein
by reference, and the Economic Development Program Agreement, contain the
entire understandingandAgreementbetweenthe Town and the Developer,andany
lawful assign and successor of the Developer, as to the matters contained herein.
Any prior or contemporaneous oral or written Agreement is hereby declared null
and void to the extent in conflict with any provision of this Agreement
Notwithstanding anything to the contrary herein, this Agreement shall not be
amended unless executed in writing by both parties and approved by the Town
Council of the Town in an open meeting held in accordance with Chapter 551 of
the Texas Government Code.
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WESTLAKE RANCH Development AgreementPage 11 of 13
V. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original,but all of which shall constitute one instrument.
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WESTLAKE RANCH Development AgreementPage 12 of 13
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: Pearson 35 Opportunities, LLC
By: Bryan Elliott
Title: Managing Member
Address: 2800 East Texas Highway 114, Suite 360
Trophy Club, Texas 76262
STATE OF TEXAS
COUNTY OF TARRANT
On_ __________,before me,_______________,Notary
Public,personally appearedBryan Elliott,personally known to me(orproved to me on the basis
of satisfactory evidence)to be the person whose name is subscribed to the within instrument and
acknowledged to me thathe executed the same in his authorized capacity,and thatby his signature
on the instrument,the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
(SEAL) - Notary Public
My commission expires:__
TOWN OF WESTLAKE, TEXAS
By:
Amanda DeGan, Town Manager
ATTEST:
Todd Wood, Town Secretary
Stan Lowry, Town Attorney
Date:
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WESTLAKE RANCH Development AgreementPage 13 of 13
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ("Agreement") is
entered into by andbetween the TOWN OF WESTLAKE, TEXAS (the"Town"), a Type-
A general law municipal corporation organized under the laws of the State of Texas, and
PEARSON 35 OPPORTUNITIES, LLC (the "Owner"), for the purposes and
considerations stated below. The Town and Owner are referred to from time to time as
"Parties" herein.
WHEREAS, the Town has established an economic development program as
authorized by Resolution 16-30,adopted by the Town Council on August 22,2016;and
WHEREAS, in order to increase and enhance the local tax base and local economy
in the Town, and to maximize the economic benefits of the Development (as defined
below), Owner and/or one or more of its Affiliates has been permitted to sell lots for the
construction of single family residential homes on 34.798 acres within the Westlake
Ranch development.
Section 1. RECITALS
The Town and Owner hereby agree that the following statements are true and correct and
constitute the basis upon which the Town and Owner have entered into this Agreement:
A. The Town has concluded that this Agreement is authorized by Chapter 380
of the Texas Local Government Code,Article III,Section 52(a)ofthe Texas
Constitution and is authorized by Resolution No. 16-30, adopted by the
Town Council on August 22, 2016, and hereby made a part of this
Agreement for all purposes, in which the Town has established an
Economic Development Incentive Policy and program pursuant to which
the Town will, on a case-by-case basis, offer economic incentivepackages
that include monetary loans and grants of public money, as well as the
provision of personnel and services of theTown,to businesses and entities
that the Town Council determines will promote local economic
development and stimulate business and commercial activity in the Town
in return for verifiable commitments from such businesses or entities to
cause specific infrastructure, employment and other public benefits to be
made or invested in the Town(the "3 80 Program").
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 1 of 12
B. Owner and/or one ormore of its Affiliates is the owner of an approximately
34.798 acre residential property located in Planned Development District
(PD7) to include primarily single family residential uses (the
"Development").
C. The Town Council finds and determines thatthe Development willpromote
economic development and stimulate business and commercial activity
consistent with the 380 Program, and that the Development will
significantly expand the local tax base, enhance the local economy, and
provide positive growth.
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein andfor other good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged,the Parties agree as follows:
Section 2. DEFINITIONS
In addition to terms defined in the body of this Agreement,thefollowing terms shall have
the definitions ascribed to them as follows:
A�reement shall mean this Development Agreement between the Town of Westlake
and Pearson 35 Opportunities, LLC._
Affiliate shall mean all entities, incorporated or otherwise, under common control with,
controlled by or controlling the Developer. For purposes of this definition, "control" means
fifty percent (50%) or more of the ownership determined by either value or vote.
Developer shall mean the Developer and/or its Affiliates or assigns.
Development shall_mean the single family detached residential development depicted
on the Westlake Ranch Preliminary Site Evaluation, approved by the Town of Westlake Town
Council on June 17, 2021.
Town shall mean the Town of Westlake, Texas, and its officials assigned by the Town
Manager to review and approve submittals in accordance with the Town of Westlake Code of
Ordinances and published standards, restrictions, rules and regulations.
Section 3. AGREEMENT - INCORPORATION OF RECITIALS
The Town Council has found at a duly-called and legally-noticed public meeting through
the adoption of Town ResolutionNo. 16-3 0,and hereby made a part ofthis Agreementfor
all purposes, andthe Town and Owner and its Affiliates hereby agree,that the recitals set
forth above are incorporated herein and true and correct and form the basis upon which
the Parties have entered into this Agreement.
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 2 of 12
Section 4. TERM
This Agreement shall be effective from the latest date of execution by the Parties (the
"Effective Date")and shall remain in force far the duration of the term of the Agreement
as defined herein unless terminated earlier in accordance with this Agreement. The term
of this Agreement shall not be considered complete until:
1. The Westlake Ranch Development Agreement has been completed pursuant to
Section C thereof.
2. Issuance by the Town of a Letter of Final Acceptance of the publicly dedicated
improvements.
3. The payment of$5,000 by Developer to the Town of Westlake for Westlake
Academy for every residential lot in the Development shown on its final
recorded plat, which shall be paid prior to the recording of the final plat for
the Development.
4. All Developer Obligations under this Agreement,Developer Agreement and
Ordinance 928 must have been met.
Section 5. TOWN'S AND OWNER'S OBLIGATIONS AND COMMITMENTS
5.1. Owner's Specific Obligations.
Owner and/or one or more of its Affiliates will provide for sale from the
Development residential lots for the construction of single family homes with
a net minimum aggregate taxable value of$95(ninety-five)million.
A. Open Space, Lighting and Landscaping Plans
1. The dedication of one acre of park land is required for every
thirty residential lots. This requirement will be satisfied with the
final platting of the proposed development through dedication of
approximately 2.74 acres of land that fronts on Pearson Lane that
could be used as a trailhead. This land will be dedicated as public
open space/parkland that will be publicly owned and privately
maintained through the HOA.
2. The Owner shall submit to the Town Manager, or their designee,
an Open Space Plan, Lighting Plan and Landscape Plan that
comply with all Town Ordinances, Codes, rules andregulations.
Upon review by the Town Manager, ar their designee, the Town
Manager may approve or deny the submittal orrefer the submittal
to P&Z and or Council for review and approval.
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 3 of 12
3. The Owner or HOA shall maintain and be responsible for any
and all costs (i) associated with, and necessary to provide, open
space included in the Town approved Open Space Plan, (ii) for
installation and maintenance of lighting improvements made by
Developer pursuant to the Town approved Lighting Plan, and
(iii) for making and maintenance of landscaping improvements
made by Developer pursuant to the Town approved Landscaping
Plan.
4. As part of the required development agreement,the developer shall,
at a minimum, submit the following items: (1) development
covenants, conditions and restrictions (CCR's) to be enfarced by
the homeowner's association(HOA),which should include HOA
dues,dutie s and powers,transitional details providing for an orderly
and highly transparent transition from the declarant to the HOA,
and Town review of HOA dues to provide for adequacy of funding
of maintenance of private infrastructure to Town standards by the
HOA, which should include a pro forma demonstrating that the
HOA dues structure is sufficient to provide adequate maintenance
of all required HOA maintained amenities;(2) architectural design
guidelines; (3) final landscaping details and maintenance; (4)
homebuilder requirements and obligations; (5) regulation of
public/guestparking spaces and maintenance; (6)cluster mailbox
designs and locations;(7)parkland dedication.
B. Maintenance of Improvements
Following the expiration of 90 (ninety) days following the recording of
the final plat for the Development:
1. Notwithstanding other requirements stated herein or any other
official development documentation, the Owner and/or HOA shall
perpetually maintain all streets, storm drains,ponds, amenities as
identified in the approving zoning ordinance,parkland and public
trails, and lighting,irrigation and landscape maintenance within the
Pearson and Aspen Lane right-of-way adjacent to the perimeter of
the development as depicted on the Westlake Ranch Preliminary
Site Evaluation.
C. Public Art and Town Entry Marker/Monument
1. Prior to submission of Final Plat the Developer to be reviewed by the
Town Manager or designee that provides a site to place the art at Westlake
Ranch in the Public Open Space and a donation of$20,000.00 (lump sum)
donation to the Public Art Program.
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Westlake Ranch Economic Development Agreement Page 4 of 12
2. Dedicate a sign easement along Pearson Ln for Town entry
marker/monument sign and supply always hot electrical for
Town lighting. TBD
Section 6. DEFAULT,TERMINATION AND FAILURE BY OWNER TO
MEET VARIOUS DEADLINES AND COMMITMENTS
6.1. Failure to Pay Town Taxes orFees
An event of default shall occur under this Agreement if during the term
hereof any legally-imposed Town taxes or fees owed on, or generated by,
the Owner ar one of its Affiliates with regard to the Development become
delinquent and Owner or the Affiliate does not either pay such taxes when
due or follow the legal procedures for protest and/or contest of any such
taxes.In this event,the Town shall notify Owner in writing and Owner shall
have sixty (60) calendar days to cure such default. If the default has not
been fully curedby such time,the Town shall ha�ethe rightto terminate this
Agreement immediately by providing written notice to Owner and shall
have all other rights and remedies that may be available to it under the law
or in equity.
6.2. Violations of Town Code, State or Federal Law
An event of default shall occur under this Agreement if during the term
hereof any written citation is issued to Owner or an Affiliate due to the
occurrence of a violation of a material provision of the Town Code with
respect to the Development(including, without limitation, any violation
of the Town's Building or Fire Codes, and any other Town Code
violations related to the environmental condition of the Development,
or to matters concerning the public health, safety or welfare) and such
citation is not paid or the recipient of such citation does not properly
follow the legal procedures for protest and/or contest of any such
citation. An event of default shall further occur under this Agreement if
the Owner or its Affiliate is in violation of any material state or federal
law, rule or regulation on account of the Development, improvements
in the Development or any operations thereon (including, without
limitation, any violations related to the environmental condition of the
Development; the environmental condition on other land or waters
which is attributable to operations of the Development; or to other
matters concerning the public health, safety or welfare related to the
Development). Upon the occurrence of such default, the Town shall
notify Owner in writing and Owner shall have (i) thirty (30) calendar
days to cure such default or (ii) if Owner has diligently pursued cure of
the default but such default is not reasonably curable within thirty (30)
calendar days, then such amount of time that the Town reasonably
agrees is necessary to cure such default. If the default has not been fully
cured by such time, the Town shall have the right to terminate this
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 5 of 12
Agreement immediately by providing written notice to Owner and shall
have all other rights and remedies that may be available to under the law
or in equity.
6.3. General Breach
Unless stated elsewhere in this Agreement, Owner shall be in default
under this Agreement if Owner breaches any term or condition of this
Agreement. In the event that such breach remains uncured after thirty
(30) calendar days following receipt of written notice from the Town
referencing this Agreement (or, if Owner has diligently and
continuously attempted to cure following receipt of such written notice
butreasonably requires more than thirty (30) calendar days to cure, then
such additional amount of time as is reasonably necessary to effect cure,
as determined byboth Parties mutually andin good faith),the Town shall
have the right to terminate this Agreement immediately by providing
written notice to Owner.
6.4. Effect of Breach
The Town shall have no obligation to make the payment set forth in
Section 5.1, above, during the pendency of any default by Owner
hereunder and,in the event of the Town's termination of this Agreement
for default prior to the Owner's satisfaction of its obligations under
Section 5.1, shall be relieved from making such payment. The Town
shall have no right to compel or carry out any required performance of
Owner hereunder, nor shall the Town have any rights in the Development
as a consequence hereof, and both parties speci�cally disclaim any rightto
consequential,indirect or punitive damages.
Section 7. NO SERVANT, CONTRACTOR OR AGENCY RELATIONSHIP
It is expressly understood and agreed that Owner shall not operate as a
servant, contractor agent,representative or employee of the Town. Owner
shallhave the exclusiverightto controlalldetails and day-to-dayoperations
relative to its operations and obligations that it is required to perform under
the Agreement and shall be solely responsible for the acts and omissions
of its officers, agents, servants, employees, contractors, subcontractors.,
licensees and invitees. Owner acknowledges that the doctrine of
respondeat superior will not apply as between the Town and Owner, or
Town's officers, agents, servants, employees, contractors, subcontractois,
licensees and invitees, Owner further agrees that nothing in this Agreement
will be construed as the creation of apartnership or joint enterprise between
the Town and Owner.
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 6 of 12
Section 8. INDEMNIFICATION
OWNER, AT NO COST OR LIABILITY TO THE TOWN, AGREES
TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS
OFFICERS, ELECTED AND APPOINTED OFFICIALS, AGENTS,
ATTORNEYS, SERVANTS AND EMPLOYEES (TOGETHER WITH
THE TOWN, EACH A "TOWN INDEMNIFIED PERSON"),
HARMLESS AGAINST ANY AND ALL THIRD PARTY CLAIMS,
LAWSUITS, ACTIONS, COSTS AND EXPENSES RELATED
THERETO, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,
INCLUDING DEATH,THAT RELATE TO,ARISE OUT OF OR ARE
OCCASIONED BY (i) OWNERS'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY
GROSS NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF OWNER, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN
THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS,
ASSOCIATES, CONTRACTORS OR SUBCONONTRACTORS),OR
SUBCONTRACTORS ARISING OUT OF OWNER'S
PERFORMANCE OF, OR FAILURE TO PERFORM, OWNER'S
OBLIGATIONS OF THIS AGREEMENT. NOTWITHSTANDING
THE FOREGOING, NOTHING IN THIS SECTION 8 SHALL
REQUIRE DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY
CLAIMS ARISING OUT OF THE GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF THE TOWN ENGINEER OR ANY
TOWN INDEMNIFIED PERSON.
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 7 of 12
Section 9. NOTICES
All written notices called for orrequiredby this Agreement shallbe addressed
to the following, or such other Party or address as either Party designates in
writing, eitherbycertifiedmail,postageprepaid,reputableovernightdeliveiy
service, or by hand delivery:
Town• Owner•
Town of Westlake Pearson 35 Opportunities, LLC
Attn: Town Manager Attn: Bryan Elliott
1500 Solana Blvd. 2800 East Texas Highway 114,#360
Building 7, Suite 7200 Trophy Club, Texas 76262
Westlake, TX 76262
With Copies to: With Copies to:
Boyle &Lowry,L.L.P. Developer's Attorney
Attn: L. Stanton Lowry Address 1
4201 Wingren Drive, Suite 108 Address 2
Irving, TX 75062 City, TX Zip Code
Section 10.ASSIGNMENT AND SUCCESSORS
Owner may at any time after 120 (one-hundred twenty) calendar days
following the Effective Date transfer or otherwise convey all of its rights and
obligations under this Agreement to any successor owner of the
Development,provided that in the event that Owner transfers more than fifty
percent (50%) of the Development prior to fulfillment of the public
infrastructure improvements and Developer's responsibilities identified in the
Developer Agreement and intends for its successor to carry out or complete
construction of the improvements,the Town's consent to such transfer may
be conditioned on the Town's receipt of reasonable evidence that such
successor has the financial capacity to complete Owner's requirements under
Developer Agreement for the Development. Subject to the foregoing
limitations, any lawful successor and assignee of rights and obligations under
this Agreement shall be deemed an "Owner" for all purposes under this
Agreement with respect to the portion of the Development conveyed to such
successor. In the event of any conveyance and assignment by Owner of one
or more, but not all, tracts contained in the Development, the parties
acknowledge that the rights and obligations of Owner's successor shall apply
only to the tracts transferred to such successor, and that such successor shall
not be liable to the Town for the rights or obligations of the Owner or any
other tract. Upon the request of any such successor,the Town shall execute a
recordable instrument evidencing such severance ofthe rights and obligations
hereunder.
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 8 of 12
Section 11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND
REGULATIONS
This Agreementwill be subjectto all applicable Federal,State and local laws,
ordinances,rules and regulations,including,but not limited to, all provisions
of the Town's codes and ordinances, as amended.
Section 12.GOVERNMENTAL POWERS
It is understood thatby executionof this Agreement,the Town does notwaive
or surrender any of its governmental powers or immunities that are outside of
the terms, obligations, and conditions of this Agreement.
Section 13.NO WAIVER
The failure of either Party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall
not constitute a waiver of that Party's right to insist upon appropriate
performance or to assert any such right on any future occasion.
Section 14.VENUE AND JURISDICTION
If any action,whether real or asserted,at law or in equity, arises on the basis
of any provision of this Agreement,venue for such action shall lie in state
courts located in Tarrant County, Texas or the United States District Court
for the Northern District of Texas-Fort Worth Division.This Agreement shall
be construed in accordance with the laws of the State of Texas.
Section 15.NO THIRD PARTY RIGHTS
The provisions and conditions of this Agreement are solely for the benefit of
the Town and Owner, and any lawful assign or successor of Owner, and are
not intended to create any rights,contractual or otherwise,to any otherperson
or entity.
Section 16.FORCE MAJEURE
It is expressly understood and agreed by the Parties to this Agreement that if
the performance of any obligation hereunder, other than those obligations
contained in Section 5 of this Agreement,is delayed by reason of war, civil
commotion, acts of God, inclement weather that prohibits compliance with
any portion of this Agreement, or other circumstances which are reasonably
beyond the control or knowledge of the party obligated or permitted under
the terms of this Agreement to do or perform the same,regardless of whether
any such circumstance is similar to any of those enumerated or not,the party
so obligated or permitted shallbe excused from doingorperformingthe same
during such period of delay, so that the time period applicable to such
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 9 of 12
requirement shall be extended for a period of time equal to the period such
party was delayed.
Section 17.INTERPRETATION
In the event of any dispute over the meaning or application of anyprovision
of this Agreement,this Agreement shall be interpreted fairly and reasonably,
and neither more strongly for or against any party,regardless of the actual
drafter of this Agreement.
Section 18.SEVERABILITY CLAUSE
It is hereby declared to be the intention of the Parties that sections,
paragraphs, clauses and phrases of this Agreement are severable, and if any
phrase, clause, sentence, paragraph or section of this Agreement shall be
declared unconstitutional or illegal by the valid judgment or decree of any
court of competent jurisdiction,suchunconstitutionality or illegality shall not
affect any ofthe remainingphrases,clauses,sentences,paragraphsor sections
of this Agreement since the same would have been executed by the Parties
without the incorporation in this Agreement of any such unconstitutional
phrase, clause, sentence,paragraph or section. It is the intent of the Parties to
provide the economic incentives contained in this Agreement by all lawful
means.
Section 19.CAPTIONS
Captions and headings used in this Agreement are for reference purposes only
and shall not be deemed a part of this Agreement.
Section 20.ENTIRETY OF AGREEMENT
This Agreement,including any exhibits attached hereto and any documents
incorporated herein by reference and the Developer Agreement contains the
entire understanding and agreement between the Town and Owner, and any
lawful assign and successor of Owner,as to the matters contained herein.Any
prior or contemporaneous oral or written agreement is hereby declared null
and void to the extent in conflict with any provision of this Agreemen�
Notwithstanding anything to the contrary herein,this Agreement shall not be
amended unless executed in writing by both parties and approved by the
Town Council of the Town in an open meeting held in accordance with
Chapter 551 of the Texas Government Code.
Section 21.COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one
instrument.
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 10 of 12
[Signature page follows]
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 11 of 12
EXECUTED as of the last date indicated below:
TOWN OF WESTLAKE PEARSON 35 OPPORTUNITIES,LLC
By� ------------ By� ------------
Amanda DeGan Bryan Elliott
Town Manager President
Date: Date:
APPROVED AS TO FORM AND LEGALITY:
By:
L. Stanton Lowry
Town Attorney
Resolution 21-XX
Westlake Ranch Economic Development Agreement Page 12 of 12
T x e i o w H o r
WESTLAKE
OISfINCiIVE HY III:SIGN
TOWN COUNCIL AGENDA ITEM
Public Hearing
Monday, October 25, 2021
TOPIC: Conduct a public hearing and consider approval of an ordinance approving
proposed amendments to Ordinance 202 approving the PD 1 zoning district
by approving a site plan amendment to construct a new sports club on Lot
1 R,Block 3,Westlake/Southlake Park Addition Number One,located at the
southwest corner of Solana Blvd. and Sam School Road.
STAFF: Ron Ruthven, Planning and Development Director
STRATEGIC ALIGNMENT
i i � . � . ., ; � • � � � �
High Quality Planning,Design&
Development-We are a desirable
Planned/Responsible Citizen,Student& well planned,high-quality Preserve Desirability
Development Stakeholder communitythatis distinguishedby &Quality of Life
exemplary design standards.
SUMMARY
Megan Eaton,LTF Real Estate Company,Inc., on behalf ofproperty owners SOL Westlake, LP,
is requesting approval of a site plan amendment for the property located at 2902 Sam School Road.
The request involves demolishing the existing building on the property, currently operating as
Larry North Fitness, and constructing a new building that would contain a new business called
Life Time Fitness.
COUNCIL ACTION/OPTIONS
• Approve the proposed Ordinance,which contains staff's recommendations;
• Approve the Ordinance with additional conditions/modifications;
• Deny the proposed Ordinance with prejudice
• Deny the proposed Ordinance without prejudice
• Table the item
PLANNING AND ZONING COMMISSION RECOMMENDATION
On October ll, 2021, the Planning and Zoning Commission voted to approve the proposed
amendments by a(5-0)vote subject to the following conditions:
Page 1 of 10
1. That staff's recommendations be included in the proposed ordinance;
2. That the hours of operation be restricted to 4:00 a.m. to 12:00 a.m. every day;
3. That staff shall present a final recommendation regarding signage to the Town Council at
the October 25th meeting.
STAFF RECOMMENDATION
Should the Town Council vote to approve of the proposed development, staff recommends the
following conditions,which include the Commission recommendations noted above and which
are contained in the proposed ordinance:
A. All development, landscaping and lighting on the site shall be consistent with Exhibit
«A»,
B. The ground floor view of the site from all adjacent residential properties shall be
screened at all times through the planting and maintenance of living screening which
may include a combination of trees and shrubs in addition to the vegetation shown on
the approved landscape plan. In areas where existing t�ee cover is notpresent or
insufficient, a significant amount of living screening shall be composed of evergreen
vegetationino�de�topromoteyear-roundscreening. Saidscreeningshallbeinstalled
not later than the issuance of the final Certificate of Occupancy;
C. Where a conflict exists between the plans shown in Exhibit "A" and the other Town
development regulations, including all PDI-1 development regulations, Exhibit"A"
shall control, otherwise developinent on the Site shall comply with the Town of
Westlake's regulations;
D. All site signage shall be consistent with the signs shown in Exhibit"A".
E. No business and/or service operations on the Site may occur between 12:00 a.m.
(midnight) and 4:00 a.m., Monday through Sunday.
F. All outdoor lighting fixtures on the site shall be completely shielded and cut-offfrom
the view of any adjacentresidentialp�operties. Indoor lightingfixtures thatare visible
fi^om any residentialprope�tiesshallnotcreate a nuisance andshallprovide a minimal
level of visibility through any combination of window treatments, shades, screens,
tinting, etc.
PUBLIC NOTICE CORRESPONDENCE RECEIVED
In response to the public notice published and sent regarding the request, correspondence has been
received from one individual opposed to the request. Copies of the correspondence are attached.
FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: $0.00 Funding Source:N/A
Page2of10
Contract: No Forms: N/A
DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY
Westlake Academy: There is no impact Westlake Academy from the request.
Comprehensive Plan: Subject to staff's recommendations,the request complies with the 2015
Comprehensive Plan.
Traffic Impact: The applicant provided a traffic impact analysis(TIA)as part of the application
submittal. Based on the use of a "health and fitness club", given a gross floor area of 109,000
square feet,the estimated total trips generated per day from the site is 376 trips according to the
TIA.
ATTACHMENTS
1. Location Map
2. Narrative provided by Applicant
3. Correspondence Received
4. Proposed Ordinance containing Site Plan Amendment
PLANNING AND DEVELOPMENT ANALYSIS
EXISTINGCONDITIONS
The subjectproperty is currently zonedPlanned DevelopmentDistrictNumber 1-1 (PD1-1)and
currently developed as a Larry North Fitness. The PD1-1 zoning regulations allow the principal
use of a"Sports and Health Club"on the subjectproperty. The following are additional conditions
specific to the subject property:
Plat status: Platted as Lot 1 R,Block 3,Westlake/Southlake Park Addition Number One
Lot size: 12.68 acres
Existing
BuildingArea: 38,000 square feet
PD1-1 SITE PLAN APPROVAL PROCESS
Ordinance 202,which approved the PD 1 (later changed to PD 1-1)zoning district, does not require
a conceptplan or development plan. Rather,the original site plan exhibits attached to Ordinance
202 are deemed by said ordinance to satisfy the requirement of a concept plan. Therefore,any
amendment to the site plans requires an amendment to Ordinance 202 whereby the original site
plan exhibits are amended.
APPLICANT'S REQUEST
In the attached narrative,the applicant states:
Page 3 of 10
"The proposed development will be Life Time's IOth destination in the Dallas-Fort Wo�th area
and has over 1 SS locations oper�ating in the United States and Canada. Life Time is a champion
of promoting a healthy way of life for its membe�s and guests through our unparalleled athletic
lifestyle resorts thatgo beyond a typicalfitness club.Life Time thoughtfully designs its destinations
to cover the entire spectrum of daily life for communities, individuals, andfamilies of all ages.
Life Time's proposed development for the town of Westlake includes the following premium
programming and amenities:
109,000 squarefoot, 2-story athletic club that includes:
• Life spa
• Life Time kids academy
• Life cafe
• Indoo�pools andspas
• Regulation-size basketball cou�t
• Cardio and resistance training equipment
• Studio spaces for yoga,pilates, cycling, barre, and group fitness
• 48,000 square foot outdoor amenity deckthat includes lap and zero-entry leisu�e pools, a
waterslide, lounge chairs, and food and beverage service fi-om the poolside bistro. "
S1TE PLAN AMENDMENT DETAILS
Upon approval of the site plan amendment,the applicant intends to demolish the e�sting building
and construct a new building. Key changes resulting from the construction of the new building
include:
• Moving the new building further to the west compared to the existing building;
• Expansion of the parking lot to add additional parking spaces;
• Elimination of the existing tennis courts and pool on the north portion of the property and
relocating the pool to the south end of the property;
• Increase in building height from 45 feet to 50 feet.
• Addition of new driveway accessing Solana Blvd.
The following comparison chart shows the changes from the existing site conditions to the
proposed changes:
Existing Proposed
Buildin Area 38,000 109,000
Parkin s aces 304 550
Buildin Levels 2 2
Building Hei ht 45 50
Hours of
O eration S:OOam-9:00 m 24 hours
Floor-to-Area-
Ratio 0.07 0.2
Page 4 of 10
Existing Site Condition
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ANALYSIS OF PROPOSAL
Page5of10
The followingis an analysis of the proposedsite plan in terms of compliance with applicable Town
ordinances,the Comprehensive Plan, and staff's review of the request.
Traffic Impact and Access
The applicant provided a traffic impact analysis(TIA)as part of the application submittal. Based
on the use of a "health and fitness club", given a gross floor area of 109,000 square feet, the
estimated total trips generated per day from the site is 376 trips according to the TIA.
The applicant intends to utilize the existing driveway approaches along Sam School Road and add
a new driveway approach on Solana Blvd. According to the TIA, all proposed driveway points
along with the intersection of Solana Blvd and Sam School Road will operate at level of service
(LOS) "B" or better duringpeak traffic periods. This satisfies the requirements contained in the
Code of Ordinances, which requires a minimal LOS of "C" or better resulting from new
development.
Building Design
The existing building was constructed as a component of the larger Solana development in 1991.
Though the Solana development has a nationally recognized unique and distinctive design, it
contains no written design guidelines that provide specific design provisions such the design
guidelines for the Entrada development. Therefore, staff, in working with the applicant
recommended that the building design for the new building meet the design style and intent of the
original Solana design. Upon final review of the proposed building elevations by the town
architect, staff is satisfied that the proposed building design not only complies with the overall
Solana design,but the Building Quality Manual as well.
According to the PD 1-1 zoning regulations, a maximum building height of 735 feet above mean
sealevel(MSL) isrequired. Accordingtothesiteplan,theproposedfinishedfloorelevation(FFE)
of the proposedbuilding is 600 feet above MSL. Given the building height above grade at 50 feet,
the MSL height of the proposed building will be 650 feet. Therefore,the proposed building height
is in compliance with the PD1-1 regulations.
Setbacks
A 100-foot building setback is required along Solana Blvd. and Sam School Road as well as all
side and rear yards. Additionally, a 500-foot building setback is required from the Granada,
Glenwyck Farms and Terra Bella developments only, and does not apply to The Knolls
development. The proposed building complies with the setback requirements.
Parking
Accordingto the parkingregulations in the Code of Ordinances,aminimum of 545 parking spaces
are required for the proposed use based on the size of the building. 550 spaces are proposed
according to the site plan.
Landscaping, Screenin�,Bufferin� and Ouen Space
Page6of10
Landscaping. The proposed site plan is generally compliant with the landscaping requirements
contained in the Code of Ordinances with the following exceptions:
• Roadway landscape zone: This zone requires that the entire building setback area along a
roadwaybelandscaped. Regardingthesubjectproperty,thisincludesa100-footlandscape
strip adjacent to Solana Blvd. and Sam School Road. While the requirement is met along
Solana Blvd., the applicant requests to reduce the landscape zone to 50 feet along the
portion of Sam School Road adjacent to the existing parking lot on the site, which is
proposed to remain. Staff agrees with the request given the presence of existing
encroachment by the parking lot.
• Parking lot landscaping: The applicant requests a waiver to the requirement that one tree
be planted for each parking space given that there is not enough space on the site to
accommodate both the required non-structured parking and the required landscaping. The
applicant, instead, proposes to plant the additional trees, along with required tree
mitigation, in other portions of the subjectproperry as well as on the Town owned park
property to the south that includes the large berm. This proposal is included in the site
development agreement.
Screening and BuffeNing. The top of the proposed building will be 650 feet above MSL. The
typical FFE of adjacent residential homes in The Knolls development to the west will be
approximately 625 feet above MSL. Currently two homes in The Knolls that are immediately
adjacent to the subject property are under construction. The height of the existing berm on the
Town owned park to the south of the subject property is approXimately 630 feet above MSL.
Therefore,portions of the building and site will be visible from adjacent residential properties,
particularly to the west where existing tree stands are notpresent.
Given that the proposed building will be 85 feet closer to the west property line than the existing
building and the building height will increase by 5 feet to 50 feet, staff recommends the following
regarding screening and buffering as noted in the proposed ordinance:
• The ground-floor view of the site from all adjacent residential properties shall be screened
at all times through the planting and maintenance of living screening which may include a
combination of trees and shrubs in addition to the vegetation shown on the approved
landscape plan. In areas where existing tree cover is not present or insufficient, a
significant amount of living screening shall be composed of evergreen vegetation in order
to promote year-round screening. Said screening shall be installed not later than the
issuance of the final Certificate of Occupancy;
Trails. The existing decomposed granite trail along Solana Blvd.would be improved to an 8-foot
side concrete trail according to the site plan. Additionally,an 8-foot-wide concrete trail would be
installed adjacent to Sam School Road as well.
Open Space. In partnership with the Town,the applicant has agreed to share in improvements to
the Town owned park property to the south. These improvements would include sculpting the
berm to a more natural aesthetic to more resemble rolling hills emblematic of a native prairie,
Page7of10
planting additional trees in the park,partnering with the Town on long-term maintenance of the
Park. These terms are included in the development agreement to be approved by the Town
Council.
Outdoor Lighting
The building and site are largely in compliance with the outdoor lighting requirements in the Code
of Ordinances with one exception. The pool area on the south end of the building does not comply
with the outdoor lighting requirements for the following reasons:
• Due to the applicant's desire to conductnighttime swimming at the proposed outdoorpool,
in order to address safety, 16 pole-mounted lights are proposed around the pool,with each
pole at 25 feet in height. The maximum height for pole-mounted lights in the lighting
regulations is 16 feet.
• The maximum illumination allowed by the lighting regulations is exceeded in the pool area
given the illumination of the fixtures on the pole-mounted lights.
The applicant is requesting waivers to these requirements to allow for nighttime swimming
activities at the pool.
Upon a review of other area Life Time Fitness locations, staff has determined that many of the
pools at these locations do not have lighting that matches the proposed intensity of the Westlake
proposal. Given the proximity of existing and future residential housing, staff recommends full
compliance with the outdoor lighting requirements with no waivers with the additional condition
contained in the proposed ordinance:
• All lighting fixtures on the site,both indoor and outdoor, shall be completely shielded and
cut-off from the view of any adjacent residential properties.
Signa�e
The site plan package shows proposed signage on the building and other portions of the site. In
the narrative provided, the applicant states:
`Zife Time plans to conform to the signage requirements on the building, while looking to request
a waiver to increase signage in locations that are appropriate for brand recognition typical of a
commercial use�. The monument signs will be designed with aluminum channel lettering that will
be backlit with likeness to the existing look and feel of the signage on the site today. Howevei;
we'll be seeking to increase the overall lette�heightfrom 9"to 18". Lzfe Time is also planning to
maintain the existing gateway entry feature of the Larry North fitness center and incorporate it
into the proposed monuJnentsign package."
The applicant is requesting a waiver to the channel letter height requirement as noted above. Staff
recommends approval per the signs proposed in the sign plan.
Page8of10
COMPREHENSIVE PLAN COMPLIANCE
The proposed site plan amendment complies with the recommendations contained in the 2015
Comprehensive Plan. However, given the goal and corresponding objective stated below, staff
recommends additional landscaping between The Knolls development and the subject property
improvements as described above.
"Goal.• Future Westlake should have clearly defined residential and commercial areas that
reinforcesingle-family values and neighborhoods as wellas distinguish Westlakefi-om othercities
and townships in the general region.
Objective: Promote the creation ofnatural buffers (landscaped open space) between conflicting
land uses. "
Page9of10
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Pagel0of10
Kimley>>> Horn
To: Ron Ruthven, Planning and Development Director Town of Westlake 1500 Solana Blvd.
Building 7, Suite 7200 Westlake, TX 76262
(817)490-5739 phone
(817)430-1812 fax
Email: rruthven@westlake-tx.org
From: Neda Hosseiny, PE—Associate
Kimley-Horn and Associates, Inc.
13455 Noel Road, Suite 700
Dallas, TX 75240
Date: August 30, 2021
Subject: Life Time—Westlake Site Plan Design Narrative
The proposed development will be Life Time's 10th destination in the Dallas-Fort
Worth area and has over 155 locations operating in the United States and Canada.
Life Time is a champion of promoting a healthy way of life for its members and guests
through our unparalleled athletic lifestyle resorts that go beyond a typical fitness club.
Life Time thoughtfully designs its destinations to cover the entire spectrum of daily life
for communities, individuals, and families of all ages.
Life Time's proposed development for the town of Westlake includes the following
premium programming and amenities:
109,000 square foot, 2-story athletic club that includes:
• Life spa
• Life Time kids academy
• Life cafe
• Indoor pools and spas
• Regulation-size basketball court
• Cardio and resistance training equipment
• Studio spaces for yoga, pilates, cycling, barre, and group fitness
• 48,000 square foot outdoor amenity deck that includes lap and zero-entry
leisure pools, a waterslide, lounge chairs, and food and beverage service from
the poolside bistro.
The proposed Life Time development at the Southwest corner of Sam School Road
and Solana Boulevard has been intentionally laid out by taking into consideration
Westlake's design criteria, the existing design of Solana Plaza both for the building
and existing landscaping, and preserving as many mature trees as possible. We
. . � .- -... . . � . - �� �. . �� • � ��
.
Kim ey>>> Horn Page 2
intentionally place our building to have pedestrian and family-friendly access to its
main entrance, located at the front of the building. Additionally, we want our pool deck
to have optimal sun exposure along the south side of the proposed building to capture
the afternoon and early evening sun.
In addition to the design summary outlined above, the following considerations were
taken:
1. The site layout preserves the existing parking field located on the South side
of the property and the established trees within its landscape islands, also
maintaining the existing parking encroachment on the required 100' planting
zone that's required along Sam School Road.
2. Building Height
a. The existing Larry North fitness center is 45' tall. When developing the
site plan Life Time evaluated numerous locations to place the new
proposed building footprint. To maintain landscaping and setbacks
along the site perimeter, the location of the building was best suited to
be adjacent to the western property line. This allowed the design to
utilize much of the existing grade on the South end of the site and
maintain existing tree coverage along that area as well as the creek
where possible. In locating the building here, the sloping building height
requirement impacts the far Northwestern corner of the building where
the roof height is increased over the basketball court to a height of 50'
including parapet. The building FFE is sitting at an elevation that allows
for adequate landscape screening from the residential development and
site line studies will be utilized to confirm that there is adequate
screening of RTUs on the roof.
3. Signage
a. Life Time is plans to conform to the signage requirements on the
building, while looking to request a waiver to increase signage in
locations that are appropriate for brand recognition typical of a
commercial user. The monument signs will be designed with aluminum
channel lettering that will be backlit with likeness to the existing look and
feel of the signage on the site today. However, we'll be seeking to
increase the overall letter height from 9" to 18". Life Time is also
planning to maintain the existing gateway entry feature of the Larry
North fitness center and incorporate it into the proposed monument sign
package.
4. Site Lighting
a. Life Time's goal is to meet the safety and security requirements outlined
by building code requirements across the entirety of the site including
the pool deck that will be open for night swimming. There are some
. . � .- -... . � . �� �. �� • � ��
.
Kim ey>>> Horn Page 3
concerns that the requirements of the building code will interfere with
Life Time's ability to design the photometrics to meet the requirements
outlined in Zoning Ordinance 879. Further details will be determined and
provided as they are completed.
5. Landscaping
a. The Town of Westlake's landscape ordinance requires a combination of
tree preservation, parking lot trees, street planting and screening. In
summary, the code requires a total of 775 - 3" minimum caliper trees
onsite. Due to limited space, our design intent is to have varying tree
caliper sizes; the tree requirement was broken out into an inches
requirement. Meaning, 2,325 total inches will be required. The same
number of trees might be less, however, with an increase in caliper of
the proposed trees we are closing the gap on the "inch requirement".
• The breakdown of trees provided is 262- 3"trees, 3-4"trees,
and 39 - 6" trees for a total of 1,099" to be planted.
• 1,879" will be preserved onsite
With proposed and preserved trees there is a total of 2,978" which
would exceed the minimum inch requirement for the site.
Thank you for your consideration in reviewing this application.
Sincerely,
�,�i2,�
�� ��y�
Megan Eaton
Development Director
Life Time Property Development
and
Neda Hosseiny, P.E
Associate
KIMLEY-HORN AND ASSOCIATES, INC.
. . � .- -..• . � . �� �. �� • � ��
From: -
To: Ron Ruthven
Cc: Todd Wood
Subject: [EXTERNAL] Lifetime Fitness-Opposition
Date: Wednesday,October 13,2021 10:31:02 AM
Ron:
I sent you an email the other day as I was unable to attend the P&Z meeting earlier this week.
We own property at 2012 Whitwood Cove and 2008 Whitwood Cove.
However, to follow-up, I am in Opposition regarding the project based on the following items:
• Opposed to pushing the new building 85 feet closer to The Knolls
• The new building height of 45 to 50 feet. We would oppose any additional building
height of the new structure.
• The Applicant has not provided a clear rendering of the side of the building that faces
our property in The Knolls. Therefore I cannot tell exactly what impact the new
building will bring in regard to the location of windows and what interior rooms
would be facing our property.
• The Knolls is primarily an empty nester community, and we do not want to hear
people /children in the outdoor pool on such a massive scale. Sound carries a long
way especially from public pool areas. This is quite different from a neighbor in The
Knolls having a pool and using it.
• Westlake has a firm night sky ordinance and the applicant is asking for a variance to
this. The outdoor pool alone will light up the whole place and sky and destroy the
dark sky.
• The Knolls was established first, and we have a night sky ardinance in place. I would
hope Westlake would support that position and not grant a variance..
• Lifetime will have late hours. Open until l 1pm and Midnight. That will negatively
impact our property.
I'm not opposed to the project as a whole, and I think a new building would be nice, but these
were a few thoughts that we would be in opposition to at this time.
Please confirm receipt and let me know if I need to do anything else. I could not find a letter
of protest form on the Town's website, so I thought it would be easier to send an email.
Thank you,
Dean DeCavitte
DeCavitte Properties
I � i
"Building Wor�ld Class Homes"
www.decavitte.com
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email.
TOWN OF WESTLAKE
ORDINANCE NO. 942
AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED; APPROVING A
SITE PLAN AMENDMENT FOR LOT 1R, BLOCK 3, WESTLAKE/SOUTHLAKE
PARK ADDITION NUMBER ONE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Town of Westlake,Texas is a general law municipality;and
WHEREAS,the Town Council of the Town of Westlake finds it necessary for the public
health, safety and welfare that development occur in a controlled and orderly manner;and
WHEREAS, on November 16, 1992 the Town Council of the Town of Westlake, Texas
approved Ordinance 202 establishing the PD 1 zoning district;and
WHEREAS, Section 5 of Ordinance 202 states that"any development within PD 1 not
materially in accordance with the Site Plans [adopted by Ordinance 202] will require the
submission and approval of a new comprehensive site plan for such additional or sub stantially
changed development..."; and
WHEREAS, Section 5 of Ordinance 202 further states that "any requirement of a
concept plan shall be deemed satisfied by the Site Plans.;and
WHEREAS, on August 27, 2007, the Town Council of the Town of Westlake, Texas
approved Ordinance 529, which amended Ordinance 202 by approving a comprehensive site
plan amendment to allow for two additional buildings; and
WHEREAS, on March 10, 2008, The Town Council of the Town of Westlake, Texas
approved Ordinance 588,which amended Ordinance 202 and approved various amendments to
development provisions; and
WHEREAS, on January 7, 2013, The Town Council of the Town of Westlake, Texas
approved Ordinance 691,which amended Ordinance 202 and approved the partition of PD1 into
three separate planning areas known as PDl-1,PD1-2 andPDl-3;and
WHEREAS,Upon the passage of Ordinance 691,Ordinance 202 was not repealed; and
WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas
approved Ordinance 751, which amended Ordinance 202 by approving a comprehensive site
plan amendment; and
Ordinance 942
Page 1 of 5
WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas
approved Ordinance 767,whichamendedcertainPD1-1 developmentregulationsand amended
Ordinance 691;and
WHEREAS, on March 28, 2016, The Town Council of the Town of Westlake, Texas
approved Ordinance 774, which further amended certain PD1-1 development regulations and
amended Ordinance 691; and
WHEREAS, on August 27, 2018, The Town Council of the Town of Westlake, Texas
approved Ordinance 862,which amended Ordinance 202 by repealing Ordinance 529; and
WHEREAS, on September 24, 2018, The Town Council of the Town of Westlake,
Texas approvedOrdinance 865,which amended Ordinance 202 by approving a comprehensive
site plan amendment for Lots 3 and 4,Block 2,Westlake/Southlake Park AdditionNumber One;
and
WHEREAS, on January 28, 2019, The Town Council of the Town of Westlake, Texas
approved Ordinance 876,which amended Ordinance 865 conditions; and
WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PD 1-1 zoning
district as amended;and
WHEREAS, an application has been receivedto amendthe approved site plan for Lot
1R, Block3,Westlake/Southlake Park AdditionNumber One in order to redevelop the site for a
new fitness center; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within the PD1-1 zoning district and within 200 feet of the subjectproperty, published
notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a
public hearing was held on October 25,2021,by the Town Council;and
WHEREAS, upon the recommendation of the Planning and Zoning Commission on
October 11, 2021,the Town Council of the Town of Westlake, Texas is of the opinion that it is
in the best interests of the Town and its citizens that the comprehensive site plan amendment b e
approved.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted
by the Town and found to be true and correct.
SECTION 2: That Ordinance 202, as amended, of the Town of Westlake, Texas be
amended by approving a comprehensive site plan amendment on Lots 1R, Block 3,
Westlake/Southlake Park Addition Number One as depicted on Exhibit "A" subject to the
following conditions:
Ordinance 942
Page 2 of 5
A. All development, landscaping and lighting on the site shall be consistent with Exhibit
«A��.
�
B. The ground-floor view of the site from all adjacent residential properties shall be
screened at all times through the planting and maintenance of living screening which
may include a combination of trees and shrubs in addition to the vegetation shown on
the approved landscape plan. In areas where existing tree cover is not present or
insufficient, a significant amount of living screening shall be composed of evergre en
vegetation in order to promote year-round screening. Said screening shall be installed
not later than the issuance of the final Certificate of Occupancy;
C. Where a conflict exists between the plans shown in Exhibit"A"and the other Town
development regulations,including all PD 1-1 development regulations,Exhibit "A"
shall control, otherwise development on the Site shall comply with the Town of
Westlake's regulations;
D. All site signage shall be consistent with the signs shown in Exhibit"A".
E. No business and/or service operations on the Site may occur between 12:00 a.m.
(midnight)and 4:00 a.m.,Monday through Sunday.
F. All outdoor lighting fixtures on the site shall be completely shielded and cut-off from
the view of any adjacent residential properties. Indoor lighting fixtures that are
visible from any residential properties shall not create a nuisance and shall provide a
minimal level of visibility through any combination of window treatments, shades,
screens,tinting, etc.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the
terms orprovisions of this Ordinance are herebyrepealed.
SECTION 4: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Townof Westlake, anduponconvictionshallbe punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
SECTION 6: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, andif anyphrase, clause, sentence,paragraph or sectionofthis Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remainingphrases, clauses, sentences,paragraphs or sections ofthis Ordinance since the same
Ordinance 942
Page 3 of 5
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase, sentence,
paragraph or section.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 25th DAY OF OCTOBER 2021.
ATTEST: Laura Wheat,Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Ordinance 942
Page 4 of 5
EXHIBITS
EXHIBIT A SITE PLAN AMENDMENT PLANS
Ordinance 942
Page 5 of 5
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SITE PLAN SUBMITTAL
A PROJECT OF
LIFE TIME-WESTLAKE
2902 SAM SCHOOL ROAD
WESTLAKE,TEXAS76262
SEPTEMBER 21 , 2021
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T x e i o w H o r
WESTLAKE
OISfINCiIVE HY III:SIGN
TOWN COUNCIL AGENDA ITEM
Regular Meeting - Action Item
Monday, October 25, 2021
TOPIC: Consider approval of resolution approving a development agreement
between LTF Real Estate Company, Inc. and The Town of Westlake.
STAFF: Ron Ruthven, Planning and Development Director
STRATEGIC ALIGNMENT
i � � . � . . , ; � • � � � i
High Quality Planning,Design&
Development-We are a desirable
Planned/Responsible Citizen,Student& Well planned,high-quality Preserve Desirability
Development Stakeholder &Quality of Life
communitythatis distinguishedby
exemplary design standards.
SUMMARY
This item is a companion item to the request from LTF Real Estate Company, Inc. (Lifetime
Fitness) for a site plan amendment. This item includes a development agreement between LTF
Real Estate Company,Inc. and the Town that includes credits for off-site utility connections to
Town utilities. Currently, Larry North Fitness is served by the Trophy Club Municipal Utility
District for water utilities. As part of the proposed agreement,Lifetime Fitness would connect to
Town of Westlake water utiltities as part of the redevelopment of the subjectproperty. Since�e
proposed connection wouldinvolve extending a portion of the service beyond the subjectproperiy,
the agreement includes credits, in an amount not to exceed a total of$50,000, for the portion of
the utility extension that is off-site. The credit can either be reimbursed to the developer in the
form of a check,or deducted from the building and development fees due upon redevelopment of
the site.
The agreement also includes details regarding the planting of trees on the Town owned park
located south of the subject property as part of the required tree mitigation, and
improvements/maintenance to the parkpropertyby the developer.
COUNCIL ACTION/OPTIONS
• Approve the proposed Resolution;
• Deny the proposed Resolution;
• Table the item.
Page 1 of 2
STAFF RECOMMENDATION
Should the Town Council vote to approve the site plan amendment for the subject property,staff
recommends approval of this item.
FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: $50,000.00 Funding Source: General Fund
Contract: Yes Forms: Forms 1295 &2270
DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY
Westlake Academy: All development impacts are noted in the site plan amendment staff
memo.
Comprehensive Plan: All development impacts are noted in the site plan amendment staff
memo.
Traffic Impact:All development impacts are noted in the site plan amendment staff inemo.
ATTACHMENTS
1. Proposed Resolution including development agreement
Page2of2
TOWN OF WESTLAKE
RESOLUTION NO.21-36
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS,
APPROVING A DEVELOPMENT AGREEMENT WITH LTF REAL ESTATE
COMPANY, INC., FOR 1R, BLOCK 3, WESTLAKE/SOUTHLAKE PARK ADDITION
NUMBER ONE.
WHEREAS,as site plan amendment for 1 R,Block 3,Westlake/Southlake Park Addition
Number One was approved by the Town Council on October 25,2021;and
WHEREAS,LTF Real Estate Company,Inc., as the owner and developer of land located
within the Town,intends to construct a two-story, 109,000 square foot Life Time Fitness facility
on 1 R,Block 3,Westlake/Southlake Park Addition Number One;and
WHEREAS, the Town of Westlake (Town) and LTF Real Estate Company, Inc. (the
Developer)desire to enter into a partnership to ensure quality construction,building design and
aesthetic excellence through a Development Agreement that reinforces compliance and
consistency with the Westlake Building Quality Manual, provides for credits for off-site
connections to Town ownedutilities,andprovides forplantingof trees andimprovements to Town
parkland adjacent to 1 R,Block 3,Westlake/Southlake Park Addition Number One; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That,the Town Council of the Town of Westlake, Texas,hereby approves
the Development Agreement attached hereto as Exhibit "A" with the Developer; and further
authorizes the Town Manager to execute said agreements and pursue any necessary procedures on
behalf of the Town of Westlake.
SECTION 3: If any portion of this Resolution shall, for any reason,be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
Resolution 21-36
Page 1 of 3
PASSED AND APPROVED ON THIS 25TH DAY OF OCTOBER 2021.
ATTEST: Laura Wheat, Mayor
-------------------- -------------
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 21-36
Page 2 of 3
EXHIBITS
EXHIBIT A DEVELOPMENT AGREEMENT
Resolution 21-36
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DEVELOPMENT AGREEMENT BETWEEN LTF REAL ESTATE COMPANY,INC.
AND THE TOWN OF WESTLAKE
This Agreement("Agreement")is executed to be effective as of the 25t"day of October,
2021 ("Effective Date")by and among the Town of Westlake, Texas (the "Town"),and LTF Real
Estate Company, Inc. (the"Developer"). LTF Real Estate Company, Inc.is the developer of that
certain real property described as Lot 1 R, Block 3, Westlake/Southlake Park Addition Number
One(the "Property"). The Town of Westlake owns adjacentproperty to the south known as Lot
17X,Block C, Knolls at Solana, dedicated to the Town to be used as a public park(the"Park").
This Agreement concerns:building aesthetics, design and construction materials for the building
to be constructed on the Property; credit for extension of, and connection to, certain Town owned
public utilities to serve the Property (Utility Improvements); shared improvements and
modifications to, and long-term maintenance of,the Park by the Developer and the Town (Park
Improvements).
SECTION 1. Building Aesthetics,Building Design and Building Construction Materials
A. The Developer agrees that, in addition to the provisions and exhibits
contained in the ordinance approving the site plan amendment pertinent
to the Properry, all building aesthetics, building design and building
construction materials on the Property shall comply with the provisions
of the Building Quality Manual, approved by Resolution 18-08.
SECTION 2. Public Utilities
A. The Developer hereby agrees to connect to Town water facilities to
serve the properry in accordance with plans and specifications to be
prepared by the Developer's engineer and released by the Town for
construction and in accordance with Chapter 82, Article IX, Water
Facilities, of the Town of Westlake Ordinances, as amended, and any
other local, state and federal regulations. The Developer shall be
responsible for all construction costs, materials and engineering,
including preparation and filing fees for easements, save and except as
follows: In accordance with Chapter 82, Subdivisions, Article XIV,
Participation, The Town will reimburse the costs of construction for said
facilities for any portion thereof that is not located on the Property as
specified below.
The amount of Town reimbursement shall include all actual
infrastructure costs ofthe water utility infrastructure as described below.
B. The Developer hereby agrees to install sanitary sewer collection
facilities to serve the Property as shown on the approved site plan.
Sanitary sewer facilities will be installed in accordance with the plans
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and specifications to be prepared by the Developer's engineer and
released by the Town. Further, the Developer agrees to complete this
installation in accordance with Chapter 82, Article X, Wastewater
Facilities, of the Town of Westlake Ordinances, as amended, and any
other local, state and federal regulations. The Developer shall be
responsible for all construction costs, materials and engineering,
including preparation and filing fees for easements, save and except as
follows: In accordance with Chapter 82, Subdivisions, Article XIV,
Participation, The Town will reimburse the costs of construction for said
facilities for any portion thereof that is not located on the Property as
specified below.
The amount of Town reimbursement shall include all actual
infrastructure costs of the sewer utility infrastructure as described
below.
C. Reimbursement: The total amount of Town reimbursement to the
Developer for the utilities noted in Subsections A and B above shall be
in an amount not to exceed$50,000.00. Payment and/or credit shall not
occur until all public infrastructure final acceptance requirements have
been fulfilled. Prior to payment and/or credit by the Town, the
Developer shall provide to the Town an itemization of actual
construction costs for said off-site utilities, stamped by Texas registered
professional engineer.
D. The Developer shall furnish,at its own expense, all engineering services
required for the Utility Improvements. Engineering services shall be
performed by a professional engineer registered in the State of Texas.
Such engineering services shall conform in all respects to the Town
engineering and design standards. Engineering services shall consist of,
but not be limited to, survey, designs, plans and profiles, estimates,
construction supervision, and the furnishing of necessary documents in
connection therewith. All engineering plans shall be submitted for
review by, and be subject to, the stamped acceptance by the town
engineer. The town engineer's review and acceptance does not relieve
the Developer or Developer's engineer of the responsibility for design
and construction.
E. At all times during construction of the Utility Improvements,the Town shall
have the right,but not the duty, to inspect materials and workmanship,and
all materials and work shall conform to the accepted plans and
specifications. Any material or work not conforniing to the acceptedplans
and the Town's engineering standards shall promptly be removed or
replaced to the satisfaction of the town engineer at the Developer's expense.
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F. The obligations of the Developer provided for in this agreement pertaining
to Utility Improvements shall be performed no later than issuance of the
Certificate of Occupancy for all improvements to the Property.
G. No Utility Improvements shall be deemed to be completed until the town
engineer has certified,in writing, that the Utility Improvements have been
completed in general conformance with the plans therefore as accepted by
the Town.
H. Before the Town accepts the Utility Improvements, Developer shall furnish
to the Town reproducible "as constructed" drawings, certified accurateby
the town engineer.
I. All permit fees associated with the construction or installation of the Utility
Improvements are hereby waived. Credits in lieu of payment for
reimbursementby the Town, as stated herein, may be applicable to other
Town fee requirements including building permit fees as authorized by the
town manager or their designee.
J. The Town hereby agrees to allow easements necessaryto contain the Utility
Improvements located within the Park.
SECTION 3. Park Improvements and maintenance
A. As part of the Park Improvements, the Developer agrees to modify the
existing grade of the Park in order to provide a more natural aesthetic to
the existing elevated mound feature. Said modifications to the feature
shall lead to more gentle inclines and consolidation of some of the
distinct "hump-like" mounds. The objective is to create something that
local geology could have evolved. It is essential that the design show the
topographic lines of the berm in relationship to the topographic lines of
the undisturbed land, thus revealing the extent of departure from the
natural condition. The Town agrees that the grading and earthwork plans
will not include any export or import of materials unless mutually agreed
by both parties. Final plans for the improvements noted above shall be
provided to the Town Manager or designee prior to commencement for
final approval.
B. In lieu of payment into the Town reforestation fund in the amount of
$179,190.00,the Developer agrees to plant additional trees in the Park.
At a minimum, said trees shall meet the requirements for tree plantings
in Town Code of Ordinances. Developer shall not be required to spend
in excess of $179,190.00 on the additional trees described in this
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paragraph. Final planting locations, species and sizes of trees shall be
provided to the Town Manager or designee for final approval prior to
installation. In order to better foster screening and buffering between
the Property and adjacent residential properties, additional trees, as
required above, not shown on the approved landscape plan pertinent to
the Property, may be planted on the Property as well, and the cost of
such trees shall be applied to the $179,190.00 amount noted above. Any
remaining unspent funds by the developer from the $179,190.00 amount
may be applied to other obligations under this agreement or deposited
into the Town reforestation fund.
C. All improvements and planting requirements noted in Subsections A and
B above shall be completed and approved by the Town not later than the
issuance of the final Certificate of Occupancy for the Property.
D. The Developer agrees to share certain long-term maintenance
responsibilities (but not the cost of future improvements) for the Park
with the Town. The Developer and the Town hereby agree to enter into
a separate long-term maintenance agreement for the Park not later than
the issuance of the final Certificate of Occupancy for the Properry. Said
agreement terms shall include, but not be limited to, Developer's right
to use certain portion(s) of the Park for outdoor fitness classes, and pro-
rata cost participation by Developer for: mowing and trimming. The
Developer's pro-rata cost shall be calculated as the usable square foot
area of the Park designated for outdoor fitness classes divided by the
total square foot area of the Park. In addition the Developer agrees to
replacement of dead and/or diseased vegetation, and soil erosion/slope
stabilization within a 1- year warranty period commencing upon
installation completion. Additional terms and provisions of the
maintenance agreement will be negotiated by the parties, subject
however to the specific terms noted above.
E. The total cost to the developer for installation of landscaping and
improvements as noted in Section 3 of this agreement shall not exceed
$225,000.00. This amount does not include long-term maintenance
costs, which shall be determined upon approval of a separate
maintenance agreement as noted herein.
SECTION 4. Term
This Agreement shall be effective from the latest date of execution by the Parties (the "Effective
Date") and shall remain in force for the duration of the term of the Agreement as defined herein
unless terminated earlier in accordance with this Agreement. The term of this Agreement shall not
be considered complete until:
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A. The final Certificate of Occupancy is issued by the Town for the
development.
B. All Developer Obligations under this Agreement and the Site Plan ordinances
approving this development have been met.
SECTION 5. Revocation,Assignment or Successors
Notwithstanding any terms to the contrary contained in this Agreement, this
Agreement shall be contingent upon Developer, or their affiliate, closing on the
purchase of the Property. In the event that the Developer, or their affiliate, does
not close on the purchase of the Property and become the fee simple owner of the
Property on or before December 31, 2023, then this Agreement shall automatically
become null and void and of no further force or effect.
The Developer may not assign, transfer or otherwise convey any of its rights ar
obligations under this Agreement to any other person or entity without the prior
consent of the Town Council. Any lawful assignee or successor in interest of
Developer of all rights and obligations under this Agreement shall be deemed
`Developer' for all purposes under this Agreement.
SECTION 6. General Breach
Unless stated elsewhere in this Agreement, Developer shall be in default under
this Agreement if Developer breaches any term or condition of this Agreement.
In the event that suchbreach remains uncured after thirty (30)calendar days
following receipt of written notice from the Town referencing this Agreement
(or, if Developer has diligently and continuously attempted to cure following
receipt of such written notice but reasonably requires more than thirty (30)
calendar days to cure, then such additional amount of time as is reasonably
necessary to effect cure, as determined by both Parties mutually and in good
faith),the Town shall have the right to terminate this Agreement immediately by
providing written notice to Developer.
SECTION 7. Indemnificatio n
THE DEVELOPER, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO
DEFEND,INDEMNIFY AND HOLD THE TOWN,ITS OFFICERS, ELECTED AND
APPOINTED OFFICIALS,AGENTS,ATTORNEYS,SERVANTSANDEMPLOYE�S
(TOGETHER WITH THE TON'N, EACH A "TOWN INDEMNIFIED PERSON'�
HARMLESS AGAINST ANY AND ALL THIRD PARTY CLAIMS, LAWSUITS,
ACTIONS, COSTS AND REASONABLE EXPENSES RELATED THERETO,
INCL UDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR
LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO THE DEVELOPER'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
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INJURY, INCL UDING DEATH, THAT RELATE TO, ARISE OUT OF OR ARE
OCCASIONED BY(i) THE DEVELOPER'S BREACH OFANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT; OR (ii) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIDNAL MISCONDUCT OF THE DEVELOPER, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS (OTHER THAN THE
TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES,
CONTRACTORS OR SUBCONTRACTORS), OR SUBCONTRACTORS DUE OR
RELATED TO,FROM, OR ARISING FROM THE OPERATIONAND CONDUCT OF
DEVELOPER'S OPERATIONS AND OBLIGATIONS OR OTHERWISE TO THE
DEVELOPER'S PERFORMANCE OF THIS AGREEMENT. NOTWITHSTANDING
THEFOREGOING,NOTHINGIN THISSECTIONSHALL REQUIREDEVELOPER
TO INDEMNIFY OR DEFEND FOR ANY CLAIMS ARISING O UT OF THE GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TOWNENGINEER OR ANY
TOWNINDEMNIFIED PERSON.
SECTION 8. Indemnity against Negligent Design
APPROVAL OF THE TOWN ENGINEER OR OTHER TOWN EMPLOYEE,
OFFICIAL, CONSULTANT, EMPLOYEE, OR OFFICER OF ANY PLANS,
DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER
UNDER THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED
TO BE A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE
DEVELOPER, ITS ENGINEER, CONTRACTORS, EMPLOYEES,
OFFICERS, OR AGENTS FOR THE ACCURACY AND COMPETENCY OF
THEIR DESIGN AND SPECIFICATIONS. SUCH APPROVAL SHALL NOT
BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR
LIABILITY BY THE TOWN FOR ANY DEFECT IN THE DESIGN AND
SPECIFICATIONS PREPARED BY THE CONSULTING ENGINEER, ITS
OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, IT BEING THE
INTENT OF THE PARTIES THAT APPROVAL BY THE TOWN ENGINEER
OR OTHER TOWNEMPLOYEE, OFFICIAL, CONSULTANT, OR OFFICER
SIGNIFIES THE TOWN APPROVAL OF ONLY THE GENERAL DESIGN
CONCEPT OF THE IMPRO VEMENTS TO BE CONSTR UCTED. IN THIS
CONNECTION, THE DEVELOPER SHALL INDEMNIFY AND HOLD
HARMLESS EACH TOWN INDEMNIFIED PERSON, FROM ANY LOSS,
DAMAGE, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO
PROPER TY AND INJURIES,INCL UDING DEA TH, TO ANY AND ALL
PERSONS WHICH MAY ARISE OUT OF ANY NEGLIGENT DESIGN OF
THE DEVELOPER'S ENGINEER INCLUDED IN DESIGNS AND
SPECIFICATIONS INCORPORATED INTO ANY IMPROVEMENTS
CONSTRUCTED INACCORDANCE THEREWITH,AND THE DEVELOPER
SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER
PROCEEDINGS BROUGHT AGAINST ANY TOWN INDEMNIFIED
PERSON, ONACCDUNT THEREOF, PAYALL REASONABLE EXPENSES
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AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR
RENDERED AGAINST THEM, COLLECTIVELY OR INDIVIDUALLY,
PERSONALLY OR IN THEIR OFFICIAL CAPACITY, IN CONNECTION
HEREWITH; PROVIDED THAT DEVELOPER SHALL HAVE THE RIGHT
TO SELECT COUNSEL OF ITS OWN CHOOSING AND SHALL HA VE ALL
REQ UISITE A UTHORITY TO ENTER INTO ANY SETTLEMENT
AGREEMENT ATANYTIME IN CONNECTION WITHANYSUCH CLAIMS
OR LIABILITIES FOR WHICH DEVELOPER OWES INDEMNITY UNDER
THIS SECTION.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION
SHALL REQUIRE DEVELOPER TO INDEMNIFY OR DEFEND FOR ANY
CLAIMS ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL
MISCOND UCT OF THE TO WN ENGINEER OR ANY TO WN
INDEMNIFIED PERSON.
SECTION 9. Compliance with Laws, Ordinances, Rules and Regulations
This Agreement will be subject to all applicable Federal, State and local laws,
ordinances,rules and regulations,including,but not limited to,all provisions of the
Town's codes and ordinances, as amended.
SECTION 10. Governmental Powers
It is understoodthat by execution of this Agreement,the Town does not waive or
surrender any of it governmentalpowers or immunities that are outside of the teims,
obligations, and conditions of this Agreement.
SECTION 11. No Waiver
The failure of either party to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any
such right on any future occasion.
SECTION 12. Venue and Jurisdiction
If any action,whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement,venue for such action shall lie in state courts located
in Tarrant County, Texas or the United States District Court for the Northem
District of Texas — Fort Worth Division. This Agreement shall be construed in
accordancewith the laws of the State of Texas.
SECTION 13. No Third Party Rights
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The provisions and conditions of this Agreement are solely for the benefit of the
Town and The Developer, and any lawful assign or successor of The Developer,
and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
SECTION 14. Force Majeure
It is expressly understood and agreed by the Parties to this Agreement that if the
performance of any obligation hereunder is delayed by reason of war, civil
commotion, acts of God, inclement weather, or global pandemic, that prohibits
compliance with any portion of this Agreement, or other circumstances which are
reasonably beyond the control or knowledge of the party obligated or permitted
under the terms of this Agreement to do or perform the same,regardless of whed�er
any such circumstance is similar to any of those enumerated or not, the party so
obligated or permitted shall be excused from doing or performing the same during
such period of delay, so that the time period applicable to such requirement shall
be extended for a period of time equal to the period such party was delayed.
SECTION 15. Interpretation
In the event of any dispute over the meaning or application of any provision of this
Agreement,this Agreement shall be interpreted fairly and reasonably, and neither
more strongly for or against any party, regardless of the actual drafter of this
Agreement.
SECTION 16. Severability Clause
It is hereby declared to be the intention of the Parties that sections, paragraphs,
clauses and phrases of this Agreement are severable, and if any phrase, clause,
sentence,paragraph or section of this Agreement shall be declared unconstitutional
or illegal by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality or illegality shall not affect any of the remaining phrases,
clauses, sentences,paragraphs or sections of this Agreement since the same would
have been executed by the Parties without the incorporation in this Agreement of
any such unconstitutional phrase, clause, sentence,paragraph or section. It is the
intent of the Parties to provide the economic incentives containedin this Agreement
by all lawful means.
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SIGNED AND EFFECTIVE on the date last set forth below.
LTF Real Estate Company, Inc.
By:
Name:
-- ----------
Title:
TOWN OF WESTLAKE, TEXAS
By:
Amanda DeGan, Town Manager
ATTEST:
Todd Wood, Town Secretary
Date:
Stan Lowry, Town Attorney
Date:
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Town
Council/ Board
of Trustees
Item # 9
CONSIDER APPROVAL OF RESOLUTION 21-37, RESOLUTION 21-38, AND
RESOLUTION 21-39, APPROVING POLICING POLICIES FOR THE TOWN OF
WESTLAKE MARSHAL'S OFFICE AND ESTABLISHING INTERLOCALAGREEMENTS.
T x e i o w H o r
WESTLAKE
OISfINCiIVE HY III:SIGN
TOWN COUNCIL AGENDA ITEM
Regular Meeting - Action Item
Monday, October 25, 2021
TOPIC: Consider approval of Resolutions to amend our interlocal agreement with
the City of Keller forpolice services,a Resolution to enter into an interlocal
agreement to provide for investigation services with the City of Roanoke,
and a Resolution to approve police policies for the Town of Westlake
Marshal's Office and delineate School Resource Officer duties.
STAFF: Noah Simon, Deputy Town Manager
Bobby Cure, Town Marshal
Brad Fortune,Chief of Police
STRATEGIC ALIGNMENT
� i � . � . ., ; � • � � � �
Exemplary Service&Governance
Transparent/Integrity- Municipal& -Wesetthestandardbydelivering MaximizeEfficiencies
driven Government Academic Opetations unparalleled municipaland &Effectiveness
educationalservices atthe lowest
co st.
SUMMARY
The Town of Westlake's Town Marshal has been performing in an expanded role serving as the
School Resource Officer(SRO)for Westlake Academy as part of our shared services model. The
Marshal's office is a recognized police agency through the State of Texas and employes certified
police officers who fill a variety of roles,bailiff for court, SRO at the school, security for the court
offices, for our organization. Over the past several months, Staff inembers worked with the City
of Keller Police Department to create and draft the agreements that will address the numerous
procedures forpolice responses that arise trough the Marshal's work as a peace officer. Allpolicy
documents and ILA's have been reviewed by our Town Attorney.
Staff will discuss the following componenets of this agenda item:
L Interlocal Agreement(ILA)with Keller amending our current police services contract and
identify the expanded Marshal's duties within our existing agreement.
2. Interlocal Agreement(ILA) with the City of Roanoke to provide investigative services in
the event a situation arises that requires an internal investigation.
3. Westlake Marshal's Agency Policy documents coveringpolice operations.
Page 1 of 2
COUNCIL ACTION/OPTIONS
• Review and discuss the ILA's and Resolutions surrounding the agreeements with the City
of Keller and Roanoke.
• Approve the ILA's and Resolutions with the City of Keller and Roanoke.
• Deny the requests and ask staff for further clarification.
STAFF RECOMMENDATION
Staff believes they have worked.
FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount: N/A Funding Source: N/A
Contract: No Forms: N/A
DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY
Westlake Academy: Continuing the enhanced level of service for the Academy campus
through the use of the Marshal's office and the School Resource Officer position.
Comprehensive Plan: None
Traffic Impact:None
ATTACHMENTS
1. Interlocal Agreement with the City of Keller
2. Resolution to Approve the Agreement with the City of Keller
3. Interlocal Agreement with the City of Roanoke
4. Resolution to Approve the Agreement with the City of Roanoke
5. Policing Policies for the Town of Westlake Marshal's Office
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TOWN OF WESTLAKE
RESOLUTION NO.21-37
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, APPROVING POLICE POLICIES AND PROCEDURES REGARDING THE
DUTIES, POLICIES AND PROCEDURES OF THE WESTLAKE TOWN
MARSHAL/SCHOOL RESOURCE OFFICER, AUTHORIZING THE TOWN
MANAGER TO EXECUTE ANY AND ALL DOCUMENTS
WHEREAS, the Town of Westlake, Texas, is a governmental entity engaged in the
governmental function of providing public health, safety and welfare; and,
WHEREAS,the Town Council of the Town of Westlake, Texas("Town Council")finds
that the policies approved by this Resolution is a benefit to the public;and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of the Town of Westlake, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION l: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town Council hereby approves the police policies andprocedures
attached as Exhibit"A"and authorizes the Town Manager or designee to sign on behalf of the
Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall,for any reason,be declared inv alid
by any court of competent jurisdiction,such invalidity shall not affect the remaining pro vision s
hereof and the Town Council hereby determines that it would have adopted this Resolution
without the invalid provision.
Resolution 21-37
Page 1 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25TH DAY OF OCTOBER,2021.
ATTEST: Laura Wheat, Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 21-37
Page 2 of2
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RESPONSE TO RESISTANCE
100.01
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy, establish procedures, and to make the rules and
regulations that govern the use of deadly and non-deadly force by personnel at
the Westlake Marshal's Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to follow the
procedures and to study, understand, and adhere to the rules and
regulations addressed in this General Order.
2. It will be the responsibility of the Town Marshal/SRO, prior to being
authorized to carry any weapon governed by this policy, to have received,
instructed and acknowledge in writing, the entire contents of the policy.
The issuance and instruction of the policy will be documented by the Court
Adm inistrator.
3. It will be the responsibility of the Court Administrator to conduct instruction
of this directive and to test the knowledge of all affected personnel at least
once a year.
II. DEFINITIONS:
A. FORCE DEFINITIONS:
1. REASONABLE FORCE: The force necessary to affectthe arrest, prevent
the escape of, or overcome the resistance of a person being taken into
custody.
2. PHYSICAL FORCE: The force in excess of inere touching.
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Response to Resistance
Policy 100.01 Page 1 of 13
3. DEADLY PHYSICAL FORCE: Physical force which can be reasonably
expected to cause death or serious physical injury.
4. NON-DEADLY FORCE: The force, which is not likely to cause death or
serious physical injury.
B. RESISTANCE DEFINITIONS:
1. PASSIVE RESISTANCE: The subject is not complying with the Town
Marshal/SRO's commands and is uncooperative but is taking only minimal
physical action to prevent the Town Marshal/SRO from placing the subject
in custody and/or taking control. Examples include standing stationary and
not moving upon lawful direction, falling limply and refusing to use their
own power to move (becoming `dead weight'), holding onto a fixed object,
or locking arms to another during a protest or demonstration.
2. ACTIVE RESISTANCE: The subject's verbal or physical actions are
intended to prevent the Town Marshal/SRO from placing the suspect in
custody and/or taking control but are not directed at injuring the Town
Marshal/SRO. Examples include walking or running away, pushing away,
blocking or breaking the Town Marshal/SRO's grip.
3. AGGRESSIVE RESISTANCE: The suspect has displayed or engaged in
conduct likely to injure the Town Marshal/SRO, themselves or another
person and prevent an officer from placing the subject in custody and/or
taking control. The suspect's actions are likely to result in death or serious
bodily injury to the Town Marshal/SRO, themselves or another. The
aggression may manifest itself through a subject taking a fighting stance,
punching, kicking, striking, attacks with weapons or other actions which
present an imminent threat of physical injury to the Town Marshal/SRO or
another. These actions include the use of a firearm, use of a blunt or
bladed weapon, or extreme physical force.
4. IMMEDIATE DEADLY THREAT: A perceived imminent threat in which
the Town Marshal/SRO reasonably believes that they may use deadly
force or the threat of deadly force, in order to prevent serious bodily injury
or death to them self or another, and in accordance with Chapter 9 of the
Texas Penal Code.
5. IMMEDIATE THREAT: A perceived imminent threat in which the Town
Marshal/SRO believes that they may use force or the threat of force, in
order to prevent bodily injury to them self or another, and in accordance
with Chapter 9 of the Texas Penal Code.
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Response to Resistance
Policy 100.01 Page 2 of 13
C. REASONABLE BELIEF DEFINITIONS:
1. REASONABLE BELIEF: Facts or circumstances that would induce a
reasonably intelligent and prudent person to believe that the facts and
circumstances are as they appear.
2. OBJECTIVELY REASONABLE: The reasonableness of the Town
Marshal/SRO's use of force is based upon the totality of the
circumstances known by the Town Marshal/SRO at the moment the force
is used, and the officer's recovery time based on the suspect's action(s).
The Town Marshal/SRO will consider the severity of the crime an issue,
whether the suspect poses an immediate threat to the safety of the Town
Marshal/SRO or others, and whether the suspect is actively resisting
arrest or attempting to flee. This standard is based on what a reasonable
Town Marshal/SRO would do under similar circumstances.
D. INJURY DEFINITIONS:
1. BODILY INJURY: Physical pain, illness or any impairment of physical
condition.
2. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk
of death or that causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of any bodily member or
organ.
E. OTHER DEFINITIONS:
1. FELON: A suspect that the Town Marshal/SRO has probable cause to
believe has committed or is committing a crime that is punishable under
the Texas Penal Code by death or confinement in a penitentiary for life or
confinement not more than 99 years or confinement not less than 180
days.
2. IMMINENT: Near at hand; close rather than touching; on the point of
happening, ready to take place.
3. LAST RESORT: In situations in which deadly force is permissible it should
be used only when any other alternative would be impractical or
ineffective.
4. PROBABLE CAUSE: Facts or circumstances that are more than mere
suspicion which would lead a reasonable, intelligent and prudent person
to believe that a crime is about to be, is being or has been committed.
Westlake Marshal's Office
Response to Resistance
Policy 100.01 Page 3 of 13
5. RESPIRATORY NECK RESTRAINT: Compression of the trachea
through the Town Marshal/SRO's wrist or forearm, generating a
strangulation sensation and high degrees of pain to control or disable a
person. The respiratory restraint is considered deadly force.
6. VASCULAR NECK RESTRAINT: The application of pressure to the
carotid artery, jugular vein, and/or the side of the neck with the intent or
purpose of controlling a person's movement or rendering a person
unconscious by constricting the flow of blood to and from the brain. The
vascular neck restraint is considered deadly force.
7. RAPID RESPONSE: The swift and immediate deployment of law
enforcement resources to an on-going, life threatening situation where
delayed deployment could otherwise result in death or serious injury to
innocent persons.
8. DE-ESCALATION: Taking action or communicating verbally or non-
verbally during a potential force encounter in an attempt to stabilize the
situation, gain voluntary compliance, and reduce the immediacy of the
threat so that more time, options, and/or resources can be called upon to
resolve the situation without the use of force or with a reduction in the
force necessary.
9. COMPLIANCE: Actions from a person who acknowledges direction or
lawful orders given and offers no resistance, agrees to a particular action
or request without being forced to.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Officethat the Town Marshal/SRO
will only use reasonable force to accomplish lawful objectives.
B. It will be the policy of the Westlake Marshal's Office that the rules and
regulations that follow will be strictly enforced.
C. It will be the policy of the Westlake Marshal's Officethat, because of the danger
to innocent bystanders, warning shots are never to be fired.
D. It will be the policy of the Westlake Marshal's Office that when the Town
Marshal/SRO injure a subject, by use of lethal, less lethal or other use of force
incidents, or the subject reports injury after a use of force incident, the Town
Marshal/SRO's primary responsibility to render first aid and obtain medical
assistance as soon as possible.
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E. It will be the policy of the Westlake Marshal's Officethat the Court Administrator
shall provide instruction of this directive and to test the Town Marshal/SRO's
knowledge at least once a year to ensure that the Town Marshal/SRO fully
comprehends this order.
IV. PROCEDURES:
A. FORCE SPECTRUM: The term "force spectrum" represents a system of
available options and tools that the Town Marshal/SRO can use given the
totality of the circumstances that they are faced with at the given moment they
decide to use force based on the Town Marshal/SRO's ability to respond to
change as dictated by the suspect. The Town Marshal/SRO's response to a
suspect(s)'s actions are not limited to those articulated or illustrated in this
General Order.
Totality of Circumstances
Physical Verbal Hand
OC Spray Control
Presence Persuasion Techniques
Intermed iate
(Impact) Dead ly
Weapons Force
Personnel make decisions about the These actions are not a continuum
level of force to use given the totality proceeding from a lower level to a
of the circumstances which are aware higher level of force. Personnel act
to the employee at the moment the and respond based upon their
decision must be made. perceptions of the situation.
FORCE SPECTRUM
B. USE OF FORCE OPTIONS:
1. Physical Presence:
a. Physical Presence is the identification of authority.
b. It is accomplished through the Town Marshal/SRO's appearance at
a situation. This may also include the presence of back-up unit.
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2. Verbal Persuasion:
a. Verbal persuasion is verbal commands from the Town Marshal/SRO
to a person to gain voluntary compliance.
b. It is accomplished through the Town Marshal/SRO's dialogue with a
subject, resulting in the Town Marshal/SRO controlling the subject
and/or situation.
3. Oleoresin Capsicum (OC) Spray:
a. The Town Marshal/SRO must complete an approved OC Spray
training course and only then, will be issued and allowed to carry and
use this less-lethal option. OC will be used in accordance with this
instruction.
b. OC may be used when force is necessary to subdue individuals who
are exhibiting passive, active or aggressive resistance to the Town
Marshal/SRO's physical presence and/or verbal commands,
depending on the totality of the circumstances.
c. OC may be used for crowd control and/or riot situations.
d. OC agents should not be used on a properly restrained prisoner
unless the prisoner is presenting an immediate danger to themselves
or others.
e. When the subject has been secured and resistance has ceased, the
Town Marshal/SRO should make every reasonable effort to relieve
the discomfort of the subject and any affected bystander. If
conditions permit, clean water may be used to flush the eyes and
other affected parts. If no water is available, fresh moving air and
the body's natural actions may dissipate the discomfort. On all
incidents where O.C. spray is used on any offender; the paramedics
must be notified. If the subject continues to have discomfort after
forty-five minutes, the subject should seek medical attention.
4. Hand Control Techniques:
a. Hand Control Techniques include, but are not limited to, joint locks,
pressure points, strikes/distraction techniques, as taught in
accordance with recognized methods to gain compliance and control
with both combative and noncompliant people.
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b. When confronted with a situation which may necessitate the use of
physical force, consideration must be given to calling for additional
personnel prior to contact.
5. Expandable Baton (ASP-Armament System and Procedure):
a. The expandable baton is classified as a "deadly weapon" under
Texas Penal Code 1.07 (17) because the potential forserious bodily
injury exists.
b. The expandable baton may be used to deter persons engaged in
riotous conduct.
c. The expandable baton, when properly used, is capable of delivering
extremely powerful blows to stun and incapacitate an aggressive
opponent displaying aggressive resistance.
d. The expandable baton is capable of delivering lethal or permanently
disabling blows. Blows to the head, throat, neck, chest cavity, groin
or kidney must be avoided unless the officer perceives that level of
threat.
e. The Town Marshal/SRO will only carry an approved ASP baton
(black or chrome in finish, 7", 9", or 10" collapsed, and 21", 26" or 31"
expanded. The Town Marshal/SRO is excluded from carrying the air
weight model or any other similar model that has a reduced weight)
and the weapon shall not be altered in any way.
f. The Town Marshal/SRO must be trained and demonstrate
proficiency to utilize the expandable baton, and must successfully
complete retraining at least annually to continue to use the
expandable baton.
6. Electronic Controlled Weapon (ECW):
a. Consistent with this department's policy of using only the level of
force reasonable and necessary to control or otherwise subdue
violent or potentially violent individuals, the department authorizes
the use ofthe ECW by the Town Marshal/SRO. The primary purpose
for employing the ECW is to protect human lives and prevent injury
to the Town Marshal/SRO and citizens. The Town Marshal/SRO,
authorized to carry ECWs and use force when necessary, shall
become familiar with the following guidelines for the ECW.
b. Training: The ECW shall only be carried and/or used when the Town
Marshal/SRO has successfully completed the department's training
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on the ECW. This training will be conducted by a Certified ECW
instructor. All uses of the ECW shall be in compliance with the
department training and applicable use of force policies. In order to
maintain certification forthe use of the ECW, the Town Marshal/SRO
must successfully complete an annual refresher course.
c. Use: The ECW is programmed to deliver a five(5) second electrical
pulse. The Town Marshal/SRO may cause additional five second
pulses to be delivered should it be necessary to control the targeted
individual. The probes or wires should not be touched during this
period, as the person touching the probes or wires could receive a
portion of the electrical pulse.
1. The Town Marshal/SRO will, if feasible, give the subject a verbal
warning before using the ECW. The warning should be an
explicit statement such as "Stop, get on the ground, or you will be
Tased." The Town Marshal/SRO will also announce to cover
additional personnel that the ECW is being deployed whenever
possible.
2. The ECW should be targeted as designated in training and
considering the totality of the circumstances. The face, neck and
groin should be avoided if at all possible.
3. The ECW has the ability to ignite flammable liquids. It will not be
deployed at subjects who have come into contact with
flammables or in environments where flammables are obviously
present. Never deploy the ECW in highly flammable
environments such as methamphetamine labs.
4. Careful consideration should be given in deploying the ECW on
subjects who are in elevated positions or in other circumstances
where a fall may cause substantial injury or death (i.e. subjects
on roof tops, on stairs, or pregnant woman).
5. The ECW shall never be used punitively or for the purpose of
coercion.
6. The ECW is a use of force and is to be used only when necessary
to overcome resistance while affecting an arrest, preventing an
escape, in self-defense, or in defense of another person from
physical harm, and in accordance with this department's use of
force policy.
d. The Town Marshal/SRO discharging the ECW shall:
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1. Advise dispatch that a subject has been tased.
2. Request Keller Police respond to the scene.
3. Request an EMS unit respond to the scene.
4. Record the serial number on the ECW that was used.
5. The expended cartridge, probes, wires, and blast doors will be
collected and booked into evidence in accordance with current
ECW evidence collection practices. In an event where death or
serious physical injury has occurred involving the use of the
ECW, all ECW related items should remain in place when
possible for investigative purposes.
e. Persons subjected to the ECW shall be examined by EMS personnel
once in custody. If the probes penetrate the skin of the subject, the
EMS personnel will determine if they can safely remove the probes
on scene, or if the individual should be transported to hospital for the
removal. If the subject is transported to a hospital, the officer shall
obtain a medical release from the hospital before transporting the
subject to a detention facility. Probes that lodge in the skin shall be
considered a biohazard. All fired probes shall be retained as
evidence after being properly packaged as a biohazard if applicable.
f. Reporting: Any time the ECW is deployed, and the probes strike a
person, or when the ECW has been used in the drive stun mode on
a person, the ECW use shall be documented using the Supervisory
ECW Use Report Form. The Town Marshal/SRO discharging the
ECW shall be responsible for ensuring that the Supervisory ECW
Use Report Form is completed. Any time the ECW is deployed and
the probes strike a person, or when the ECW has been used in the
drive stun mode on a person, the Town Marshal/SRO deploying the
ECW will be responsible fordownloading the deployment data using
the procedure established. This procedure will serve as a record of
the ECW use and may be used to diagnose any problems related to
the ECW equipment or the actual deployment of the ECW.
7. Respiratory Neck Restraints:
a. The respiratory neck restraint can incapacitate an aggressive person
and is considered deadly force.
b. This neck restraint compresses the trachea through the Town
Marshal/SRO's officer's wrist or forearm, generating a strangulation
sensation and high degrees of pain.
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8. Firearms:
a. This policy permits the drawing or displaying of firearms when:
(1) The Town Marshal/SRO, in the exercise of sound judgement,
has reason to fear for their own personal safety and/or the
safety of others. This includes, but is not limited to: the search
of a building for a burglar, a robbery in progress, felony traffic
stop, etc.; or
(2) The offender is suspected of having a deadly weapon in his
possession and such suspicion is based upon facts and
circumstances which would normally and reasonably lead one
to suspect the offender has a deadly weapon. The intent of this
provision is to permit the Town Marshal/SRO to protect
themselves and others and to avoid the necessity of the Town
Marshal/SRO actually having to use a firearm because the
advantage rests with the Town Marshal/SRO holding their
weapon.
(3) The muzzle of a firearm should never be intentionally pointed at
any person unless the Town Marshal/SRO reasonably
perceives the person to be an immediate deadly threat. The
Town Marshal/SRO's finger should never be in the trigger guard
unless the Town Marshal/SRO is intending to immediately fire
the weapon.
b. The discharge of firearms by department is permitted only under the
following circumstances:
(1) Authorized use of deadly physical force as described in this
general order.
(2) Participation in official approved training programs or exercises,
or competitive match shooting.
(3) To kill an animal which presents an immediate physical threat
to the officer or another person.
(4) To kill an animal which is so badly injured that humanity
demands its immediate removal from further suffering, provided
that every reasonable effort has been made to obtain
assistance from an Animal Control Officerand authorization has
been received from the Town Marshal/SRO.
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V. RULES AND REGULATIONS:
A. NON-DEADLY FORCE:
1. The Town Marshal/SRO are authorized to use reasonable and necessary
force when they reasonably believe that force is justified to maintain the
safety and security of the suspect, the Town Marshal/SRO or the public
without unreasonably endangering the public or themselves.
2. The Town Marshal/SRO are authorized to use departmentally approved,
non-deadly force techniques and issued equipment on which they have
been trained to:
a. preserve the peace or to prevent the commission of offenses, suicide
or serious bodily injury;
b. to make a lawful arrest and/or search, or overcome resistance to a
lawful arrest and/or search, and/or prevent an escape from custody;
c. to defend the public or the Town Marshal/SRO against the unlawful
violence to his/her person or property;
d. bring an unlawful situation safely and effectively under control;
and/or
e. subdue vicious animals.
B. DEADLY FORCE:
1. The Town Marshal/SRO is justified in employing deadly physical force
only when the Town Marshal/SRO reasonably believes that such force is
necessary to:
a. Defend the Town Marshal/SRO or a third person from the use of, or
the imminent use of, deadly physical force.
b. Effect the arrest of, or prevent the escape from custody of, a person
the Town Marshal/SRO reasonably believes has committed a felony
which involved the infliction, or threatened infliction, of serious
physical injury; and the officerreasonably believes this person poses
a significant threat of death or serious bodily injury to the Town
Marshal/SRO or other persons if allowed to escape.
c. Where feasible, the Town Marshal/SRO has given verbal warning of
intent to use deadly physical force.
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C. FORCE: The force used shall be no greater than is necessary and reasonable
to attain lawful objectives. The amount and degree of force which may be
employed will be determined by the totality of the circumstances including, but
not limited to:
1. The nature of the offense;
2. The behavior of the subject against who force is to be use (verbal
dialogue, physical resistive actions, aggressive acts, etc.);
3. Age and physical conditions of the subject and officer;
4. Physical and environmental conditions at the scene;
5. Feasibility or availability of alternative actions.
D. WEAPONS: No weapon should be brandished as a threat unless its actual use
in the situation would be proper. This does not prohibit the Town Marshal/SRO
from having a weapon readied when it is anticipated that a weapon may be
required.
E. MEDICAL AID: After any use of force or apprehension where the person is
injured, complains of injury, or an injury is suspected, first aid shall be provided
to the injured person when it is safe to do so. The Town Marshal/SRO shall
summon EMS personnel to the scene and continue to render first aid to the
best of their ability.
F. PROHIBITIONS: This General Order specifically forbids:
1. Firing of firearms or use of any Deadly Force in situations where the use
of Deadly Force is not authorized by this General Order.
2. The pointing of a firearm at a suspect known to be unarmed, and who is
not an immediate danger to the Town Marshal/SRO or others.
3. Vehicular roadblocks/barricades: The employment of a vehicular
roadblock or barricade must be considered a force likely to result in death
or serious bodily injury and are prohibited by this department.
4. Use of Police Vehicles as a Weapon: Personnel shall not attempt to
deliberately collide with or pull in front of vehicles. An exception to this
provision occurs in a Rapid Response incident or when the Town
Marshal/SRO is in pursuit of a known and dangerous fleeing felon(s) who,
if allowed to escape, could create a substantial risk to another person of
being killed or seriously injured.
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5. Shooting at Vehicles:
a. Deadly force is permissible only when deadly force is necessary and
reasonable according to this General Order and the Texas General
Statutes.
b. At no time will the Town Marshal/SRO intentionally place themselves
in the direct path of an oncoming vehicle in order to justify the use of
deadly force.
c. Attempting to deflate vehicle tires with a firearm is only permissible
in a Rapid Response incident where a vehicle is being used to cause
mass casualties.
d. The Town Marshal/SRO operating a motor vehicle in pursuit is not to
fire under any circumstances while driving at high speeds.
6. Firing warning shots.
7. Discharging a firearm or the use of any deadly force to protect property
interests.
G. TRAINING:
1. All training and proficiency will be documented and conducted by
instructors having the appropriate certification forthe weapon or tactic.
2. The Town Marshal/SRO must successfully complete training and
demonstrated proficiency specific to each weapon, Vascular Neck
Restraints, and Respiratory Neck Restraints are authorized to carry/use
the weapon or tactic. This includes initial certification and recertification.
3. At least annually, the Town Marshal/SRO authorized to use a weapon will
be retrained in the proper use of that weapon and demonstrate
proficiency. This includes OC Spray, ECW, expandable baton, and
firearms. Firearms specifications, training and qualifications are covered
under General Order 100.03 Firearms, Weapons, and Ammunition.
4. At least annually, the Town Marshal/SRO who is authorized to use
weaponless control techniques/defensive tactics (including vascular and
respiratory neck restraints) will be retrained in the proper use and
techniques of the tactics and demonstrate proficiency.
5. At least annually, the Town Marshal/SRO will be trained and tested on this
General Order by the Court Administrator.
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RESPONSE TO RESISTANCE REPORTING
100.02
Effective:
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy in the review and reporting process for the use of
force or the discharge of a firearm involving the Town Marshal/SRO.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to report the use of
force that results in injury or death and/or the discharge of a firearm
immediately to the Town Manager/designee.
2. It will be the responsibility of the Town Marshal/SRO or Court
Administrator and Town Manager/designee if the Town Marshal/SRO was
involved, to determine if a violation of state law or departmental policy has
occurred and this must be reported to the Town Manager. An outside
police agency will be used to determine if there was a violation of state
law if the Town Marshal/SRO was involved.
3. It will be the responsibility of the Court Administrator and Town
Manager/designee to determine what disciplinary action will be taken
against the Town Marshal/SRO if determined to have violated state law or
departmental policy.
4. It will be the responsibility of the Town Manager/designee to conduct an
analysis of the reports generated by discharges of firearms and uses of
force to determine if there is a need for additional training or a change in
policy.
5. It will be the responsibility of the Town Marshal/SRO in concurrence with
the Town Manager/designee to report incidents of Peace Officer Involved
Injuries or Death and incidents of Injuries to or Death of Peace Officerto
the Texas Attorney General's Office no later than the 30t" day after the
incident and copies of the reports will be posted to the Town of Westlake's
website.
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II. DEFINITIONS:
A. DEADLY PHYSICAL FORCE: Physical force which can be reasonably
expected to cause death or serious physical injury.
B. INJURY: Damage to a person; harm; wound; pain.
C. PHYSICAL FORCE: The type force that could cause injury.
D. RANKING OFFICER: The Town Marshal/SRO is the highest-ranking officer in
the Westlake Marshal's Office. The chain of command above the Town
Marshal is the Court Administrator, Town Manager/designee in that order.
E. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of
death or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
F. IMMEDIATE DEADLY THREAT: A perceived imminent threat in which the
Town Marshal/SRO reasonably believes that they may use deadly force or the
threat of deadly force, in order to prevent serious bodily injury or death to them
self or another, and in accordance with Chapter 9 of the Texas Penal Code.
G. IMMEDIATE THREAT: A perceived imminent threat in which the Town
Marshal/SRO believes that they may use force or the threat of force, in order
to prevent bodily injury to them self or another, and in accordance with Chapter
9 of the Texas Penal Code.
H. WEAPONS POSITIONS:
1. HOLSTERED / SECURED: Weapon is secured within the Town
Marshal/SRO's holster and under the Town Marshal/SRO's immediate
control.
2. UN-HOLSTERED / SUL: Weapon is held by the Town Marshal/SRO
pointed towards the ground and inside a circular area about a yard in
diameter inside of which the Town Marshal/SRO is standing or sitting. The
muzzle /weapon is not pointed at any person.
3. READY: Weapon is held so that the muzzle / weapon is pointed forward
of the Town Marshal/SRO, but the muzzle / weapon is not intentionally
pointed at any person. With firearms: the safety is on and the trigger finger
is outside of the trigger guard; there is no immediate deadly threat but the
Town Marshal/SRO reasonably believes they may encounter an
immediate deadly threat; ready position is also used after an immediate
deadly threat is over (scanning) or when the Town Marshal/SRO is
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relatively sure the immediate deadly threat has passed. For other
weapons: there is not an immediate threat, but the Town Marshal/SRO
reasonably believes they may encounter an immediate threat; ready
position is also used after an immediate threat is over (scanning) or when
the Town Marshal/SRO is relatively sure the immediate threat has passed.
This position reduces reaction time and the Town Marshal/SRO is
prepared to instantly respond to an immediate threat or immediately
deadly threat.
4. ON-THREAT: Weapon is held so that the muzzle is pointed at a person
reasonably perceived to be an immediate deadly threat or the weapon is
pointed at a person reasonably perceived to be an immediate threat. For
firearms, the safety remains on while the trigger finger is outside the
trigger guard unless the officer is intending to immediately fire their
weapon; for less lethal shotguns the safety can be off.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to report all discharges of
firearms (except in training or recreation).
B. It will be the policy of the Westlake Marshal's Office to investigate and report
the use of force that results in injury or death to any person.
C. It will be the policy of the Westlake Marshal's Office to investigate and report
the use of force through the use of lethal or less-than-lethal weapons.
D. It will be the policy of the Westlake Marshal's Office to investigate and report
the use of force through the use of Oleoresin Capsicum.
E. It will be the policy of the Westlake Marshal's Office to report the application of
physical force by any member of this department.
F. It will be the policy of the Westlake Marshal's Office to report the show of force
as descripted in this general order.
G. It will be the policy of the Westlake Marshal's Office to immediately remove
from the line-duty any officer whose actions or use of force results in a death
or serious physical injury.
IV. PROCEDURES:
A. DISCHARGE OF FIREARMS REPORTING: A written report will be submitted
whenever the Town Marshal/SRO conducts the following:
1. DISCHARGE A FIREARM: A written report and a discharge of firearms
report form will be submitted whenever the Town Marshal/SRO
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discharges a weapon for other than training or recreational purposes. The
following are procedures for reporting the discharge of a firearm:
a. REPORT OF THE TOWN MARSHAL/SRO FOR FIREARM
DISCHARGE: In any instance in which the Town Marshal/SRO
discharges a firearm while on duty or off duty in the performance of
police officer duties, whether accidentally or intentionally, the Town
Marshal/SRO shall, as soon as practical, report that factto the Town
Manager/designee. The Town Marshal/SRO shall submit a
Discharge of a Firearm report to the Town Manager/designee if the
Town Marshal/SRO is involved. setting forth all the circumstances
involved in the incident.
b. REPORT OF OTHER THAN THE TOWN MARSHAUSRO FOR
FIREARM DISCHARGE: In any instance in which a firearm is
discharged, whether accidentally or intentionally, by any person
other than the Town Marshal/SRO , the Town Marshal/SRO having
knowledge of that discharge shall, as soon as possible, report that
fact to the Town Manager/designee. The Town Marshal/SRO shall
submit, in writing, a report to the Town Manager/designee setting
forth all the Town Marshal/SRO's knowledge of the circumstances
involved in the incident.
2. RESPONSE TO RESISTANCE/DEADLY FORCE: A Response to
Resistance Report will be submitted on all incidents where the Town
Marshal/SRO deploys OC spray, ASP-Baton, ECW, deadly force, or any
department approved defensive tactic technique above the level of
handcuffing, or displays a show of force as listed below:
a. REPORT OF INJURY: In any instance in which the Town
Marshal/SRO of this department causes injury or death (or is alleged
to have caused injury or death) or applies force through the use of
lethal or less lethal weapons, ASP-Baton, OC, or physical force while
on duty or in the perFormance of the Town Marshal/SRO's duties,
whether accidentally or intentionally, the Town Marshal/SRO shall,
as soon as possible, report the fact to the Town Manager/designee
if the Town Marshal/SRO is involved. The Town Marshal/SRO shall
also submit a report to the Town Manager/designee setting forth all
of the circumstances involved in the incident.
3. APPLIES PHYSICAL FORCE: In any instance in which an officerof this
department applies physical force, (no injury) the Town
Marshal/SRO/Court Administrator will be notified as soon as possible.
The Town Marshal/SRO/Court Administrator must weigh the seriousness
of this situation and the department's liability. At the very least, the Town
Marshal/SRO/Court Administrator will cause the physical force used to be
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described and documented in the arrest (incident) report. If the Town
Marshal/SRO/Court Administrator deems necessary, a response to
resistance report may be completed.
4. SHOW OF FORCE: A Show of Force will be documented in each of the
following incidents:
a. When an officer points an Electronic Controlled Weapon.
b. When a police officer presents a firearm in the "ready" or "on-threat"
position in the presence of a suspect or the public within the scope
of their law enforcement authority.
c. When an officer presents a firearm in the "un-holstered / Sul,"
"ready," or "on-threat" position while not in uniform or approved
departmental attire but in the presence of a suspect or the public.
5. STATE REPORTING REQUIRMENTS: A report shall be filed with the
Texas Attorney General's Office no later than the 30th day after the
discharge of a firearm and a copy of that report will be placed on the Town
of Westlake's website in these incidents:
a. PEACE OFFIER INVOLVED INJURIES OR DEATH: any incident in
which an officer of this department discharges a firearm causing
injury of death to another.
b. INJURIES TO OR DEATH OF A PEACE OFFICER: any incident a
person who is not a peace officer discharges a firearm and causes
injury or death to an officer.
B. RESPONSE TO RESISTANCE REPORT REVIEW: The intent of this review
is to determine whether there are policy, training, weapon/equipment, or
discipline issues, which should be addressed:
1. Officer: The Town Marshal/SRO involved must complete a written report
and/or discharge of a firearm report. The Town Marshal/SRO will give the
completed report to the Town Manager/designee.
2. Town Marshal/Court Administrator: The Town Marshal/SRO or Court
Administrator if the Town Marshal/SRO is involved will determine that the
report is accurately completed and sign the report. The Town
Marshal/SRO/Court Administrator will complete a response to resistance
report and deliver it to a defensive tactics instructor from an outside
agency (preferably with the Keller Police Department if available). The
Town Marshal/Court Administrator will notify the Town Manager/designee
to apprise them of the use of force.
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3. DEFENSIVE TACTIC'S INSTRUCTOR (Outside Aqency):
a. REVIEW: The Defensive Tactic Instructor will review the report to
determine if the use of force applied was in compliance with training
techniques and/or if additional training in a certain area is needed.
b. DETERMINATION: A supplement will be written if it is determined
that techniques were improperly used and/or additional training is
needed. The response to resistance report will be signed if
techniques were proper and no training is needed and then submit it
to the Town Manager/designee for the Town of Westlake.
4. Town Marshal/Court Administrator:
a. VIOLATION OF LAW or POLICY: In all cases where an employee
is determined to have acted in violation of law or policy the officer
shall be subject to disciplinary action up to and including dismissal.
b. JUSTIFIED: The Town Manager/designee will sign the response to
resistance report and cause the original to be filed with the Town
Marshal/SRO. A copy of the report will be filed in the personnel file.
C. ANNUAL ANALYSIS of REPORTS: Annually, the Town Marshal/SRO will
conduct an analysis of all response to resistance reports as required in
subparagraph A of this paragraph, policies and practices. The analysis shall
identify:
a. date and time of incidents;
b. types of encounters resulting in use of force;
c. trends or patterns related to race, age, and gender of subjects involved;
d. trends or patterns resulting in injury to any person including employees;
and
e. impact of findings on policies, practices, equipment and training.
D. ANNUAL REVIEW ofASSUALTS on SWORN OFFICERS: Annually, the Town
Marshal/SRO will conduct a review of all assaults on agency law enforcement
officers to determine trends or patterns, with recommendations to enhance
officersafety, revise policy, or address training issues. The review shall include
the number of incidents, time of day, type of initial call, number of officers
present, and prior history of arrestee(s).
Westlake Marshal's Office
Response to Resistance
Policy 100.01 Page 6 of 6
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EMPLOYEE CRITICAL INCIDENTS
100.03
Eff ective: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy for the investigation of any instance where the
Town Marshal/SRO whose actions, involvement in a traffic collision, or use of
force/response to resistance in an official capacity results in the death or
serious bodily injury to another person, whether intentionally or
unintentionally. This policy also covers procedures for the investigation of in
custody deaths.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to report the use of
force/response to resistance, any action in an official capacity that
results in injury or death, and/or Town Marshal/SRO involved shooting to
the Town Manager/designee.
2. It will be the responsibility of the outside investigating agency to
determine if a violation of state law has occurred and must report this to
the Town Manager/designee.
3. It will be the responsibility of the outside Investigating agency to
determine if a violation of department policy has occurred and must
report this to the Town Marshal/SRO.
4. It will be the responsibility of the Town Manager/designee and Court
Administrator to determine what disciplinary action will be taken against
the Town Marshal/SRO determined to have violated state law or
departmental policy.
II. DEFINITIONS:
A. IN-CUSTODY DEATH: The death of an individual while in custody or while
attempts to effect custody are being made.
Westlake Marshal's Office
Employee Critical Incidents
Policy 100.03 Page 1 of 6
B. INVOLVED EMPLOYEE: Unless otherwise indicated, refers to the Town
Marshal/SRO who is directly involved in the incident by actions or as a direct
witness to the events.
C. TOWN MARSHAL/SRO INVOLVED SHOOTING: A discharge of a firearm by
the Town Marshal/SRO during a hostile encounter, while on-duty or off-duty,
irrespective of injuries to suspects or third parties.
D. SERIOUS USE OF FORCE: Any use of force/response to resistance in an
official capacity that results, or is reasonably likely to result, in death,
permanent or substantial injury, loss of any body part or function, or
permanent disfigurements.
E. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of
death or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
F. CRIMINAL INVESTIGATOR: A detective or command level officer of a
neighboring department or an investigator from another agency tasked with
conducting a criminal investigation of the Town Marshal/SRO critical incident.
G. TOWN MARSHAL/SRO CRITICAL INCIDENT: An incident where the Town
Marshal/SRO's actions, involvement in a traffic collision in an official capacity
results in serious bodily injury or death of another person, or serious use of
force, whether intentionally or unintentionally, or a Town Marshal/SRO
involved shooting.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to ensure that employee
critical incidents are investigated in a thorough, fair and impartial manner by
an outside, independent public safety agency.
B. It is the policy of the Westlake Marshal's Office that employee critical
incidents be investigated by an outside independent public safety agency so
as to determine whether employee actions conform to law and this
department's policy, procedures, rules and training.
C. It is the policy of the Westlake Marshal's Office to ensure that the involved
employee is relieved of duty after an employee critical incident.
IV. PROCEDURES:
A. ADMINISTRATIVE RELIEF FROM OPERATIONAL ASSIGNMENT:
Westlake Marshal's Office
Employee Critical Incidents
Policy 100.03 Page 2 of 6
1. RELIEF FROM OPERATIONAL ASSIGNMENT: In every instance
where the Town Marshal/SRO is involved in an employee critical
incident, the Town Marshal/SRO will be immediately relieved of
operational assignment and placed on administrative leave or
administrative duty by the Court Administrator for no less than 72 hours.
The Town Marshal/SRO placed on such leave will not engage in extra-
duty employment.
2. NO LOSS OF BENEFITS: The Town Manager/designee/Court
Administrator shall assign the Town Marshal/SRO to administrative
leave or duty with no loss of pay or benefits. This leave/assignment
should not be construed to imply the Town Marshal/SRO is guilty of any
wrongdoing. This administrative leave or duty serves two purposes:
a. To address the personal and emotional needs of the Town
Marshal/SRO.
b. To assure the community that verification of all facts surrounding
such incidents is fully and professionally explored.
3. EMPLOYEES AVAILABILITY: If the Town Marshal/SRO is involved in a
critical incident and is on paid administrative leave, the Town
Marshal/SRO shall be available and responsive to calls/questions
related to the investigation during normal business hours. The Town
Marshal/SRO will remain on paid administrative leave until the Town
Marshal/SRO'S personal and emotional needs have been met.
B. INVESTIGATIVE REQUIREMENTS:
1. Whenever the Town Marshal/SRO is involved in an employee critical
incident, two (2) separate investigations shall be initiated, a criminal
investigation and an administrative investigation.
2. A criminal investigator from an outside agency will conduct the criminal
investigation. If the Town Marshal/SRO critical incident occurs within
this jurisdiction, the Keller Police Department will be notified. The Texas
Rangers shall be called to run the criminal investigation (called by Keller
PD).
3. The Chief of Police for a neighboring police agency (preferably the
Roanoke Police Department if available) will assign an Internal Affairs
Investigator to conduct a separate administrative investigation to ensure
compliance with Westlake Marshal's Office rules and regulations and the
general orders.
Westlake Marshal's Office
Employee Critical Incidents
Policy 100.03 Page 3 of 6
4. Unintentional weapons discharges not resulting in threat to life (e.g.
accidental discharge at the shooting range) will be investigated by an
outside independent public safety agency if the Town Marshal/SRO is
involved. If the administrative investigation finds a criminal offense has
occurred, a criminal investigation shall be initiated.
5. If the incident happens outside the town limits of Westlake, the Town
Marshal/SRO shall report the incident to the public safety agency at the
location of the incident, who shall report the incident up the chain of
command. The Town Marshal/SRO shall notify the Town
Manager/designee shall cause an investigation, coordinating with the
appropriate law enforcement agency and ensuring compliance with
Westlake Marshal's Office policy.
C. ON SCENE INVESTIGATION AND RESPONSIBILITIES:
1. The Public Information Officer will be notified. The Town of Westlake
PIO will be responsible for working with the City of Keller PIO in making
the initial and subsequent media releases. Media releases should be
approved by the Town Manager prior to release to ensure the integrity of
the investigation is not compromised. If the employee critical incident
occurs in another jurisdiction, the Town of Westlake PIO will coordinate
with the other jurisdiction's PIO to establish the lead issuer of information
and coordinate release of appropriate and factual information.
2. The Town Marshal/SRO, if not injured, will be removed from the scene.
This should be done in the company of some "companion" who is not
involved in the incident. This is to serve as a supportive role. A
Chaplain or clergy member may be notified.
3. When the Criminal Investigator arrives at the scene, the involved Town
Marshal/SRO will respond to the needs of the investigation. If
applicable, the Investigator will take possession of the weapon(s) that
was/were discharged. When the Investigator determines that the
involved Town Marshal/SRO is no longer needed at the scene, the
"companion" will transport the involved Town Marshal/SRO to the office.
4. The Town Marshal/SRO shall be afforded an early opportunity to
communicate with family members, support resources or legal
representation. The person designated as "companion" may assist in
making this notification.
D. INVESTIGATOR INVESTIGATION:
1. Investigators will proceed to the scene upon being notified. Investigators
will process the scene and interview all witnesses separately.
Westlake Marshal's Office
Employee Critical Incidents
Policy 100.03 Page 4 of 6
2. Investigators will not interview or request a written statement of the Town
Marshal/SRO until 48 hours to 72 hours after the incident. When the
Town Marshal/SRO is/are interviewed they will be advised of their
Miranda rights, if the allegations involve possible criminal prosecution.
3. Upon completion of the investigation, a copy of the Investigator's file will
be forwarded to the Town Manager/designee and/or Court Administrator
for review.
4. The Criminal Investigator will be responsible for filing any criminal
charges associated with their investigation to the District Attorney's
Office. The DA's office will be responsible for presentation to the Grand
Jury and any subsequent prosecution.
E. INTERNAL AFFAIRS INVESTIGATIONS:
1. The IA Investigator (from an outside agency) may shadow the Criminal
Investigator; however, the IA Investigator may not interview the involved
Town Marshal/SRO as part of the internal investigative process until
after the conclusion of the investigation by the Criminal Investigator.
2. The internal affairs investigator shall advise the Town Marshal/SRO of
their rights pertaining to the administrative investigation process. Those
rights include:
a. The right of the Town of Westlake to conduct an administrative
investigation into the specific employee critical incident.
b. The right to know if the Town Marshal/SRO is suspected of
misconduct which, if sustained, could be grounds for administrative
disciplinary action, to include dismissal.
c. The right to refuse to answer any questions, but such refusal shall
be grounds for disciplinary action including dismissal.
d. That the results of the internal affairs investigation interview will not
be used against the employee(s) in any subsequent criminal
proceeding (Garrity V. New Jersey 385 U.S. 493 1967).
e. The interviewed Town Marshal/SRO will, upon request, be provided
a copy of any of his/her own statements made during the course of
the administrative investigations.
F. INCIDENT FOLLOW-UP:
Westlake Marshal's Office
Employee Critical Incidents
Policy 100.03 Page 5 of 6
1. If the Town Marshal/SRO is involved in an employee critical incident, the
Town Marshal/SRO will be required to participate in a Critical Incident
Debriefing with an approved neighboring jurisdiction's
psychologist/psychiatrist. In addition, the Town Marshal/SRO will be
required to adhere to the recommendation(s) of the psychologist. The
Town of Westlake is financially responsible for the Critical Incident
Debriefing. The cost associated with subsequent required doctor visits
and actions will be approved by the Town Manager/designee or Court
Administrator on a case by case basis. The Town Marshal/SRO is also
encouraged to utilize services provided through the Employee
Assistance Program.
2. The Town Marshal/SRO directly involved in shooting incidents will re-
qualify as soon as practical.
G. TRAINING:
1. The Town Manager/designee and Court Administrator will be trained in
managing Town Marshal/SRO critical incidents annually.
2. The Town Marshal/SRO will be trained in this policy during initial
training.
Westlake Marshal's Office
Employee Critical Incidents
Policy 100.03 Page 6 of 6
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FIREARMS, WEAPONS,ANDAMMUNITION
100.04
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and make the rules and regulations concerning
firearms, less lethal weapons, and ammunition at the Westlake Marshal's
Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO who are authorized to
carry weapons to keep secure, not alter, and carry only on-duty department-
approved firearms, less lethal weapons, ammunition and equipment holders
/ holsters for each item.
2. It will be the responsibility of the Town Marshal/SRO who are authorized to
carry weapons and who are changing duty weapons or who have been
newly authorized to carry a weapon to have the weapon inspected and
approved by a qualified armorer/instructor prior to attempting the
qualification course.
3. It will be the responsibility of the Town Marshal/SRO who are authorized to
carry firearms to register and complete a qualification course for firearms
that are carried off-duty and are departmental approved.
4. It will be the responsibility of the Town Marshal/SRO to maintain written
records and conduct/sponsor annually at least one firearm qualification
course for department-authorized firearms that are carried by personnel
who are authorized to carry weapons on and off duty. It will also be their
responsibility to maintain records by serial number of approved weapons
that have been qualified with for on and off duty. Qualifications for impact
weapons, OC and less lethal will be conducted on an annual basis by
Westlake Marshal's Office
Firearms, Weapons&Ammunition
Policy 100.04 Page 1 of 9
instructors certified on the appropriate weapon, if carried by the Town
Marshal/SRO.
5. It will be the responsibility of the Town Marshal/SRO who are authorized to
carry weapons to care for, keep clean, and cause the necessary repairs of
personally owned weapons.
6. It will be the responsibility of the Town Marshal/SRO to conduct inspections,
ensuring compliance with the rules and regulations of this directive.
II. DEFINITIONS:
A. AMMUNITION: The projectiles, along with their fuses or primers that can be
fired from a firearm.
B. FIREARM: A weapon capable of firing a missile by using an explosive charge
as a propellant.
C. LESS LETHAL WEAPON: Those weapons issued by this Department to be
used in an escalation of force.
D. LESS LETHAL IMPACT MUNITIONS: Those munitions which can be fired,
launched or otherwise propelled for the purpose of encouraging compliance,
overcoming resistance or preventing serious injury without posing a significant
potential of causing death.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Officethat the Town Marshal/SRO
who is authorized to carry weapons will follow the rules and regulations of this
directive.
B. It will bethe policy of the Westlake Marshal's Officethat the Town Marshal/SRO
will strictly enforce the rules and regulations of this directive.
IV. RULES AND REGULATIONS:
A. FIREARMS, WEAPONS, AND AMMUNITION: The Town Marshal/SRO will
maintain an inventory and list of all approved firearms and weapons. The
inventory and list will include the make, model, serial number and the Town
Marshal/SRO who is approved to carry the firearm or weapon. The inventory
will include the name of the official making the approval, date of approval and
all pass/fail scores used to qualify the user. The same procedure will be
followed for department issued weapons. The following are rules and
Westlake Marshal's Office
Firearms, Weapons&Ammunition
Policy 100.04 Page 2 of 9
regulations governing the carrying and control of firearms, weapons, and
ammunition at the Westlake Marshal's Office.
1. ON-DUTY WEAPONS: The Town Marshal/SRO who are authorized to
carry weapons within this department will carry on-duty only approved
firearms, less lethal weapons, ammunition and equipment holders /
holsters foreach item. The Town Marshal/SRO will not alter any firearm,
weapon, or ammunition without prior approval of a certifified armorer.
a. The Town Marshal/SRO on-duty and in plain clothes shall wear their
handgun in a holster and in a manner that will not attract attention
unless within the Town of Westlake, then with badge clearly visible.
b. Prior to carrying a weapon for the first time, the Town Marshal/SRO
who are authorized to carry weapons will have the weapon inspected
for function and safety by a qualified armorer/weapons instructor. If
the weapon has been modified or is different from their previous
weapon, the Town Marshal/SRO will be required to successfully
complete a qualification course of fire before being allowed to carry
the weapon. All weapons must be in compliance of subsection 6 of
this section.
c. The Town Marshal/SRO may select an on-duty service handgun of
9mm or .40 caliber.
d. The Town Marshal/SRO will only qualify with and carry one caliber
on-duty service handgun, 9mm or .40 caliber.
e. Only the Town Marshal/SRO, with approval of the Town
Manager/designee and a certified armorer, can approve the request
to change an on-duty service handgun caliber. Requests to change
on-duty service handgun caliber will be submitted by the Town
Marshal/SRO.
2. OFF-DUTY WEAPONS: Under normal circumstances the Town
Marshal/SRO of this department is encouraged to carry off-duty,
whenever in a public place, a firearm, badge of authority, and official
departmental issued identification. The Town Marshal/SRO will carry only
approved ammunition. The Town Marshal/SRO will not alter any off-duty
firearm or ammunition without the prior approval of the Town
Manager/designee. The Town Marshal/SRO may not carry or use
firearms while under the influence of alcohol or drugs. The following are
procedures for the carrying of off-duty weapons:
a. DEPARTMENTALAPPROVED FIREARM: The Town Marshal/SRO
is required to carry an approved firearm off-duty.
Westlake Marshal's Office
Firearms, Weapons&Ammunition
Policy 100.04 Page 3 of 9
(1) The Town Marshal/SRO officer must satisfactorily demonstrate
to a certified firearms instructor familiarity and the ability to
safely handle the firearm at least one time per year. This
demonstration will be mandatory to the Town Marshal/SRO who
elects to carry anything other than the firearm they carry on
duty.
(2) Any display or use of an off-duty weapon will be governed by
the same regulations that apply while on-duty.
(3) Off-duty weapons when carried must be concealed from public
view and secured in a holster or gun bag.
(4) When carrying an off-duty weapon, the Town Marshal/SRO will
also carry his/her badge and departmental identification.
3. SECURITY OF WEAPONS:
a. UNAUTHORIZED HANDLING: The Town Marshal/SRO is
authorized to carry weapons at all times, whether on-duty or off-duty,
secure their approved departmental firearm(s) from any
unauthorized handling by persons not known to be sworn police
officers. The weapon should be secured when not in the Town
Marshal/SRO's immediate care, custody or control.
b. WEAPONS SECURED IN THE DEPARTMENT: The Keller PD
Substation/Marshal's OfficeatWestlake Academy has a gun safefor
weapons storage within the secure area. If you need to store a
weapon in this area for whatever reason, notify the Town
Marshal/SRO. For the safety of all persons, all weapons stored in this
area will be stored unloaded, with no cartridges in the chamber or
magazine tube. Weapon magazines may be stored adjacent to the
weapon, but not in the magazine well of the weapon.
4. MAINTENANCE of SERVICE WEAPONS: The ultimate responsibility for
the overall care and external cleaning of a service weapon will be the
responsibility of the Town Marshal/SRO. The following are procedures to
be followed for the maintenance, and repair of the approved weapon:
a. Only certified armorers or gunsmiths approved by the Town
Marshal/SRO will repair, modify, or otherwise work on any weapons.
b. Any modifications to duty weapons (including sights, grips, internal
modifications, etc.) will be done prior to qualifications. The Town
Westlake Marshal's Office
Firearms, Weapons&Ammunition
Policy 100.04 Page 4 of 9
Marshal/SRO will be required to qualify with the modifications in
place before the weapon will be allowed on duty.
c. The Town Marshal/SRO is responsible for maintaining personally
owned weapons in a clean and serviceable condition. The Town
Marshal/SRO authorized to carry weapons will be responsible for
maintaining the exterior only of department owned weapons and
reporting any malfunctions/problems to a certified armorer or
gunsmith for repairs.
d. All duty weapons will be inspected at least annually by an armorer or
instructor certified in the inspection of that specific weapon. The
inspection will certify, in writing, that the weapon was in proper, safe,
working condition at that time. Any weapon deemed unsafe will be
immediately removed from service.
5. APPROVED WEAPONS/AMMUNITION & LESS LETHAL:
a. WEAPONS/AMMUNITION:
(1) The approved official duty handgun forthe Westlake Marshal's
Office is a safe-action semiautomatic pistol manufactured by
Glock. The weapon will be of 9mm, or .40 caliber. Uniform
officerswill be limited to barrel lengths not less than 4.02 inches
(models 22, 23, 35, 19, 17, 34, 45).
(2) In addition to the department approved duty handgun, the Town
Marshal/SRO officer may carry one additional handgun on-duty
as a backup, provided the officer qualifies with the weapon and
the weapon has been approved according to this policy. Said
weapons will not be restricted as to manufacturer, but must be
of a caliber equal to or larger than .380 and be inspected by a
range officer for safe function. It may be a revolver or semi-
automatic in design.
(3) Only ammunition meeting standards developed by the Town
Marshal/SRO shall be used in any approved weapon. (See
General Order 100.07 IV 9 page 8 for specifications). Firearms
ammunition will be issued at least one time per year and the
issuance will be documented. In approving firearms
ammunition for use, the Town Marshal/SRO at the advice of a
certified police firearms instructor, will consider the following:
(a) Research published by the F.B.I.
Westlake Marshal's Office
Firearms, Weapons&Ammunition
Policy 100.04 Page 5 of 9
(b) Research published by the Dallas County Forensic
Laboratory.
(c) Such testing as deemed necessary by departmental
policy.
(d) NO RELOADED, REMANUFACTURED, OR
HANDLOADED AMMUNITION will be recommended or
approved for use other than training or practice.
b. LESS LETHAL M U N ITIONS:
(1) Less lethal impact munitions are defined as those munitions,
which can be fired, launched or otherwise propelled for the
purpose of encouraging compliance, overcoming resistance or
preventing serious injury without posing a significant potential
of causing death. The Westlake Marshal's Office will utilize the
following less lethal munitions:
(a) Axon X26P Taser.
c. LESS LETHAL STORAGE, TRANSPORTATION & HANDLING
(1) Storage of less lethal munitions should conform to manufacturer's
recommendations. Generally, they should be stored in their
original container in a cool, dry place.
(2) Under no circumstances shall any person be authorized to
tamper with or alter in any manner, any less lethal munitions.
Misfires shall be recovered, rendered safe, and removed from
service. Appropriate notification shall be made and munitions
which have malfunctioned or have been damaged, shall be
reported to the designated less lethal instructor.
(3) Upon receiving any munitions, the person actually employing
them is ultimately responsible forthat these munitions are "less
lethal," and used in accordance with departmental policy.
6. The Town Marshal/SRO is prohibited from carrying the following impact
weapons:
a. Slapper.
b. Saps.
Westlake Marshal's Office
Firearms, Weapons&Ammunition
Policy 100.04 Page 6 of 9
c. Weighted Gloves.
d. Knuckles.
e. Other similar type weapons.
7. When no other adequate means is available or practical, or when lethal
force is justified, any impact weapon of opportunity (e.g., flashlight or
radio) may be used. Use of said weapon of opportunity will be governed
by policy and training pertaining to use of approved impact weapons.
B. WEAPONS PROFICIENCY:
1. The Westlake Marshal's Office conducts one (1) firearm qualification
annually that meets the TCOLE minimum course requirements. The
Town Marshal/SRO must demonstrate at least an 80% proficiency rating
during a qualification with their duty weapon and off duty weapon will be
authorized to carry such weapons. The requirement for mandatory one
qualification per year required by TCOLE standards may not be waived.
The intent of this directive is to cover the carrying and use both on and off
duty, of all weapons such as handguns and less lethal weapons carried
by Town Marshal/SRO's who are authorized. Demonstrated proficiency
includes achieving minimum qualifying scores on a prescribed course;
attaining and demonstrating knowledge of the laws concerning the use of
authorized weapons and knowledge of departmental policy on response
to resistance/use of force, escalating force, and deadly force; and being
familiar with recognized safe-handling procedures for the use of
departmental approved weapons.
2. Those wishing to carry an approved patrol rifle must qualify at least one
(1) time per year. Failure to qualify or attend training will result in denied
access to carry until qualification has been obtained.
a. Qualification for the M-16 variant weapons will be 90%. Sidearm
qualification will be 80%.
b. The Town Marshal/SRO who has completed an approved patrol rifle
familiarization course of at least 16 hours in length and qualified with
at least a 90% score may opt to carry a patrol rifle.
C. WEAPONS and POLICY IN-SERVICE TRAINING: The Town Marshal/SRO,
who is authorized to carry weapons, will receive in-service training on the
department's Response to Resistance policies and demonstrate proficiency
with any authorized weapon at least annually. At no time will the Town
Marshal/SRO carry a weapon on duty where they have not demonstrated
Westlake Marshal's Office
Firearms, Weapons&Ammunition
Policy 100.04 Page 7 of 9
proficiency. Training will be conducted by instructors certified in that weapon
or tactic.
1. DOCUMENTATION: The Town Marshal/SRO will document all in-service
training and the proficiency of all authorized to carry weapons on and off
duty.
2. DUTY HANDGUN REMEDIAL TRAINING: The Town Marshal/SRO will
have procedures for remedial training for any Marshal's Office personnel
authorized to carry a handgun in the course of their duties and who are
unable to qualify with that weapon prior to resuming official duties.
Remedial Training is as follows:
a. When the Town Marshal/SRO fails the initial attempt to qualify, they
will be given a second attempt the same day to meet minimum
standard.
b. When the Town Marshal/SRO fails to meet the minimum standards
on the second attempt the failure will then preclude any further action
being taken.
c. Failure to meet minimum standards on the second attempt will result
in the Town Marshal/SRO being immediately placed on leave
charged against their vacation or compensation time or placed in a
non-enforcement position (if available) until remedial training can be
scheduled. Until such training is completed, the Town Marshal/SRO
will be prohibited from carrying a firearm under authority of a peace
officer. Additionally, a letter of reprimand showing a failure to
maintain minimum standards may be placed in the Town
Marshal/SRO's personnel file on the first occurrence. A second and
subsequent failure (not consecutive) to meet minimum standards will
result in a written reprimand or more serious corrective action.
d. Within five consecutive workdays from the date of the failed
qualification, the Town Marshal/SRO will be scheduled for remedial
training. Upon completion of the remedial training, the Town
Marshal/SRO will be given another opportunity to meet minimum
standards. Failure of this attempt will result in the Town
Marshal/SRO being continued on leave or in a non-enforcement
position (if available) until they complete an approved firearms
instruction course of at least 24 hours in length at their own expense.
On completion of this course, they will again be given an opportunity
to qualify. Failure to qualify at this time will result in disciplinary action
being taken, up to and including a recommendation for termination.
Successful meeting of the minimum standard will result in the Town
Marshal/SRO being immediately returned to enforcement status.
Westlake Marshal's Office
Firearms, Weapons&Ammunition
Policy 100.04 Page 8 of 9
e. Failure to meet minimum standards at a third consecutive
qualification and retest will result in a recommendation for immediate
termination without remedial training.
f. Failure to meet minimum qualification standards with an off-duty or
back-up weapon, or patrol rifle will result in the Town Marshal/SRO
being prohibited from carrying the weapon until minimum
qualification standards are met.
g. If the Town Marshal/SRO has a question or grievance on the
qualification procedure or scoring, the chain of command is as
follows:
(1) Range Officer.
(2) Range Master.
(3) Court Administrator and Town Manager/designee
3. OTHER WEAPONS REMEDIAL TRAINING: A Town Marshal/SRO who
fails to qualify/demonstrate proficiency on their second attempt with a
weapon that is not their authorized duty handgun will not be subject to
revocation of peace officer status or suspended from official duties.
However, the Town Marshal/SRO will not be permitted to carry, use, or be
issued such a weapon until such time as they obtain a qualifying score/
demonstrate proficiency. A maximum of two qualification/ proficiency
attempts are allowed per day.
Westlake Marshal's Office
Firearms, Weapons&Ammunition
Policy 100.04 Page 9 of 9
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BIASED POLICING OR ENFORCEMENT
100.06
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures to prevent biased
policing or enforcement at the Westlake Marshal's Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to provide the
Westlake Town Council an annual report containing statistical data
relevant to the public contacts made by the Westlake Marshal's Office in
accordance with the Texas Racial Profiling Law (S.B. No. 1074).
II. DEFINITIONS:
A. BIASED POLICING OR ENFORCEMENT: The selection of an individual(s)
for enforcement action based in whole or in part on a trait common to a group,
without actionable intelligence to support consideration of that trait. This
includes, but is not limited to, race, ethnic background, national origin,
gender, sexual orientation/identity, religion, economic status, age, cultural
group, immigration status, disability, housing status, occupation, language
fluency or any other identifiable characteristics.
B. RACE or ETHNICITY: Means of a particular descent, including, but not
limited to, Caucasian, African, Hispanic, Asian, or Native American descent.
III. POLICY:
A. It is the policy of the Westlake Marshal's Office that biased policing or
enforcement by the Town Marshal/SRO is strictly prohibited. This includes
law enforcement-initiated action based on an individual's race, ethnicity,
gender, sexual orientation/identity, religion, economic status, age, cultural
group, national origin or any other identifiable group rather than on the
individual's behavior or on information identifying the individual as having
engaged in criminal activity. Profiling in regard to traffic contacts, field
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Policy 100.06 Page 1 of 6
contacts, searches, interviews and interrogations, asset seizures and
forFeiture efforts will not be allowed. Any officer found in violation of this
policy will be disciplined accordingly.
IV. PROCEDURES:
A. MOTOR VEHICLE and PEDESTRIAN STOPS:
1. The Town Marshal/SRO will be diligent during patrol and are expected to
enforce the traffic laws and stop and detain motorist or pedestrians
whenever there is reasonable suspicion and have committed, are
committing, or are about to commit an infraction of the law. An arrest
can only be made with probable cause.
a. The Town Marshal/SRO should not stop a driver or pedestrian
when looking for a suspect if the only commonality between the
suspect and the civilian is his or her race/ethnicity or national origin.
b. The Town Marshal/SRO should not pick out people to stop from
among similarly situated individuals based in whole or in part of
their race/ethnicity or national origin. For example, a driver
speeding in a stream of traffic should not be picked out from among
the traffic because of race/ethnicity or national origin.
c. The Town Marshal/SRO should not stop a driver when there is no
traffic violation in order to get a look inside the vehicle based on the
driver's race/ethnicity or national origin.
2. The Town Marshal/SRO must conduct themselves in a dignified and
respectful manner at all times. The Town Marshal/SRO must remain
courteous and professional keeping in mind the anxiety the person will
feel when stopped by the Town Marshall/SRO. The Town Marshal/SRO
will remain professional and courteous even if challenged verbally from
the detained individual.
3. During the stop of the motorist or pedestrian, the Town Marshal/SRO
shall utilize the mobile video and audio recording equipped in the car
pursuant to General Order 200.02.
4. The detaining of motorists and pedestrians will be brief in duration and
the Town Marshal/SRO shall explain to the individual the reason for the
detention with the objective to gain compliance and understanding.
5. If the Town Marshal/SRO decides to issue a warning, a citation or take
the person into custody for a more serious offense the Town
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Marshal/SRO must record on the warning/citation the race of the
individual using the following codes:
a. White/Caucasian (W)
b. Hispanic (H)
c. Asian (A)
d. Native American (I)
e. African (B)
f. Middle Eastern (M)
6. When issuing a warning/ citation resulting from a traffic stop the Town
Marshal/SRO shall record the following information on the
warning/citation:
a. Search Y/N
b. Consent Y/N, if Y above.
c. Contraband/Evidence Found Y/N, if searched
d. Reason and Probable Cause for the Search Y/N, if searched
e. Arrest Made Y/N
f. Physical Force Resulted in Bodily Injury Y/N
g. Race/ethnicity known before stop Y/N
h. Gender, street address of stop and reason for the stop.
B. COMPLAINTS of BIASED POLICING:
1. Any person may file a complaint with the department if they believe law
enforcement-initiated action was based on the individual's race,
ethnicity, gender, sexual orientation, religion, economic status, age,
cultural group, national origin or any other identifiable group than on the
individual's behavior or on information identifying the individual as having
engaged in criminal activity.
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Policy 100.06 Page 3 of 6
2. The Town Marshal/SRO, who initiated the enforcement action, who is
told by the citizen that they wish to file a complaint, shall inform the
person that they can meet with the Court Administrator or Town
Manager/designee at the Municipal Court office or contact the Court
Administrator or Town Manager/designee on the telephone providing the
telephone number to the complainant. At no time should the
complainant be told to call back the next day unless they desire to do so.
3. The Court Administrator and Town Manager/designee receiving the
complaint of biased policing or enforcement shall record the name,
address, telephone number and the allegation from the complainant.
The individual should be advised that the complaint will be taken
seriously, and they will be contacted with the findings of the
investigation. The Town Manager/designee and Court Administrator will
obtain any and all mobile video recordings from the mobile video
recording system. The recording(s) along with the information from the
complainant should be forwarded to the Town Manager/designee and
Court Administrator for assignment.
4. The Court Administrator and Town Manager/designee will ask an outside
law enforcement agency to investigate the complaint.
5. In conformance with the act on Biased Based Profiling, on the
commencement of an investigation by an outside law enforcement
agency of a complaint regarding racial profiling the outside law
enforcement agency shall promptly provide a copy of the video/audio
recording to the Town Marshal/SRO that is the subject of the complaint.
6. Should the results of the investigation show that the Town Marshal/SRO
had engaged in biased based profiling in violation of this policy the Town
Manager/designee and Court Administrator shall take corrective action
against the Town Marshal/SRO. The corrective action can range from
training up to and including termination depending on the totality of the
circumstances.
a. If the complaint is "not sustained" the complainant may appeal the
determination to the Town Manager's Office.
b. The complainant also has the right to appeal the determination to
the Tarrant County District Attorney's Office.
7. This Department will comply with the public education requirement of the
act by posting the complaint process on our internet web site, by having
printed brochures on the complaint procedure available in our public
lobby, and also available from the Town Manager/designee and Court
Administrator. The complaint and compliment contact telephone
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Policy 100.06 Page 4 of 6
number, mailing address, and email address will be provided on every
warning/citation.
C. RETENTION of VIDEO and AUDIO TAPES:
1. The act on Biased Based Profiling requires the audio and video
recording of traffic and pedestrian stops to be retained for 90 days after
the date of the stop. In case of a complaint the video will be retained
until the disposition of the complaint.
2. The standards and safeguards for reviewing the video and audio are
outlined in General Order 200.02.
D. TRAINING:
1. The Town Marshal/SRO will receive initial and annual training in biased
policing issues including legal aspects, field contacts, traffic stops,
searches, asset seizure and forfeiture, interview and interrogation
techniques, cultural diversity, discrimination, and community support.
E. REPORTING REQUIREMENTS OF THE ACT:
1. The Town Marshal/SRO shall make a documented annual report to the
Town Council on the information collected relating to traffic stops in
which a warning or citation is issued and to arrests resulting from those
traffic stops containing the following:
a. The gender and race or ethnicity of the individuals detained.
b. Whether a search was conducted and, if so, whether the person
consented, if contraband/evidence was found, probable cause, for
the search, and if an arrest was made.
c. Whether physical force resulted in bodily injury to a party.
d. An administrative review of agency practices, including community
concerns on the issue, the number of racial profiling complaints,
and any corrective measures taken.
2. The required report will not contain identifying information about the
Town Marshal/SRO, or the individuals detained.
3. The documented annual report will be submitted by March 1St of each
year for information complied by the agency during the period beginning
January 1St and ending December 31St.
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Policy 100.06 Page 5 of 6
F. IMMIGRATION STATUS DETENTIONS:
1. The Town Marshal/SRO is not prohibited from inquiring about
immigration status during temporary detentions but are prohibited from
detaining people longer than is necessary to finish the purpose of the
detention and that purpose cannot be solely to make an immigration
inquiry.
2. The Town Marshal/SRO should have some articulable facts, besides
race, color, religion, language, or national origin, to explain why the
officerasked a person about citizenship or immigration status.
3. Warrants for a person's arrest or removal as an alien is an administrative
warrant and must not be the sole reason for an arrest. If a person is
arrested for another offense and has an immigration warrant, the
detention staff will contact the appropriate agency in reference to the
immigration warrant.
4. The Town Marshal/SRO shall not enforce immigration laws while
working off-duty for religious organizations. The Town Marshal/SRO
shall not enforce immigration laws against a person detained solely
because he or she is a victim, a witness to a crime, or reported a crime.
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VEHICLE PURSUITS
200.01
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures concerning motor
vehicle pursuits involving the Westlake Marshal's Office.
B. Responsibility:
1. This directive will be provided to the Town Marshal/SRO.
2. The Town Marshal/SRO is responsible for acknowledging receipt of and
signing this directive and providing such acknowledgement to the Court
adm inistrator
3. The Town Marshal/SRO shall be tested on their knowledge at least
every three (3) years to ensure that the Town Marshal/SRO fully
comprehend this directive. The Town Marshal/SRO will complete and
submit an annual report of the test results/certificate of completion to the
Court Administrator
4. It will be the responsibility the Town Marshal/SRO to study, understand,
and follow the policy and procedures set forth and established in this
directive.
II. DEFINITIONS:
A. PURSUIT: Refers to an attempt by the Town Marshal/SRO operating an
emergency vehicle to apprehend one or more occupants of another moving
motor vehicle, in which the driver of the fleeing vehicle intentionally ignored
the Town Marshal/SRO'S signal and attempts to avoid apprehension.
B. AN ATTEMPT TO STOP: Refers to the reasonable effort by the Town
Marshal/SRO operating an authorized emergency vehicle to communicate to
the occupants of another moving motor vehicle the intent of conducting a
traffic or investigative stop. When it becomes clear to the Town Marshal/SRO
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Policy 200.01 Page 1 of 8
that the suspect(s) do not intend to stop due to rapidly increasing speed
and/or driving recklessly as to endanger the safety of others, the incident will
be considered a pursuit situation. The test of how much time and effort is
reasonable depends on road conditions, violators' driving behavior, weather,
time of day, etc. All violations should justify an attempt to stop if it is safe and
reasonable to do so.
C. FELONY: A crime that is punishable under the Texas Penal Code by death
or confinement in a penitentiary for life or confinement not more than 99 years
or confinement not less than 180 days.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to apprehend all persons
who are attempting to evade arrest. However, pursuits will only be conducted
when the Town Marshal/SRO has probable cause to believe that the suspects
have committed a felony involving the use of or threatened use of force likely
to cause death or serious physical injury. The suspect's use of a vehicle to
evade the Town Marshal/SRO, in and of itself, will not be included as a violent
felony circumstance to justify a pursuit. Other circumstances must meet the
violent felony criteria above. It must be remembered that the anticipated
results must justify the risk. Therefore, the pursuing Town Marshal/SRO is
not to consider that the chase must continue at all costs.
B. Furthermore, the Town Marshal/SRO will not pursue (as defined above)
fleeing vehicles for traffic, misdemeanor or felony offenses that do not involve
the use of or threatened use of force likely to cause death or serious physical
injury. The suspect's use of a vehicle to evade the officer, in and of itself, will
not be included as a violent felony circumstance to justify a pursuit. Other
circumstances must meet the violent felony criteria above. The Town
Marshal/SRO will be allowed to attempt to stop (as defined above) for any
violation or where an investigative stop is proper.
IV. PROCEDURES:
A. EVALUATING THE CIRCUMSTANCES: The seriousness of the possible
outcome of a pursuit demands that the Town Marshal/SRO weigh many
factors when deciding whether to pursue or not to pursue. Some specific
questions the Town Marshal/SRO must ask/consider when deciding whether
to pursue includes:
1. Offense;
2. Time of day;
3. Weather conditions;
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Policy 200.01 Page 2 of 8
4. Road conditions;
5. Traffic conditions;
6. Geographic location: such as school zone, hospital zone, etc;
7. Population density;
8. Familiarity with the area; and
9. Vehicle capability and reliability.
B. INITIATING OFFICER: In the event the Town Marshal/SRO becomes
involved in the pursuit of a motor vehicle that fails to stop, the Town
Marshal/SRO will immediately:
1. Activate the vehicle's emergency lights and siren, and use them
continuously throughout the pursuit and;
2. Notify the Public Safety Communications Center by radio of:
a. Direction of pursuit and route during pursuit;
b. Complete description of the vehicle being pursued;
c. Number of occupants and some description if possible;
d. Reason for the chase including the crime involved; and
e. Approximate speeds of the vehicle(s) in the pursuit.
3. Continuously evaluate and weigh the circumstances as listed above.
C. SECONDARY UNITS:
1. Assisting units (outside public safety agencies who may be assisting)
should attempt to drive a parallel route to the suspect's route in
anticipation of assisting when the suspect is apprehended or becoming
the pursuit unit if the original pursuing Town Marshal/SRO loses the
suspect.
2. Under no circumstances should more than two assisting units fall in line
behind the original pursuit unit. This applies always whether the pursuit
units are from this Department or another.
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D. COMMUNICATIONS UNIT PERSONNEL: The Public Safety
Communications Center telecommunicator will:
1. Maintain contact with the pursuing unit(s);
2. Assure that the shift supervisor of the jurisdiction is aware of the pursuit;
3. Establish contact (via RADIO FREQUENCY or TELEPHONE) with other
jurisdictions should the pursuit cross into another jurisdiction; and
4. Establish direct contact between Keller, Southlake, or Colleyville
pursuing unit(s) and other jurisdictional elements, if possible.
E. MONITORING THE PURSUIT
1. The Town Marshal/SRO will use discretion based on the time of day,
violations involved, weather, speed of the vehicle, risk to others, or other
factors to terminate or allow the pursuit.
2. When that pursuit crosses into another jurisdiction, the jurisdiction's
supervisor will make a second evaluation to determine if continuing the
pursuit is justified.
3. Should a pursuit result in serious physical injury to any party or extensive
property damage, the Town Marshal/SRO will cause the Court
Administrator and Town Manager/designee to be notified.
F. RESTRICTED MANEUVERS:
1. DIVIDED HIGHWAYS: The Town Marshal/SRO will NEVER follow a
pursued vehicle the wrong way on a divided highway, but will, instead,
attempt to keep sight of the vehicle by driving on the correct side of the
highway.
2. ONE-WAY STREETS: The Town Marshal/SRO will not pursue a vehicle
the wrong way down a one-way street. Pursuing units will, instead, try to
keep sight of the vehicle by driving in a parallel direction.
3. BARRICADING ROADWAYS: Barricading a roadway must be
considered as a force likely to result in death or serious physical injury.
The barricading of roadways is not allowed to end a pursuit.
4. SHOOTING AT VEHICLES:
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a. Deadly force is permissible only when deadly force is necessary
and allowable according to General Order 100.01 Response to
Resistance and the Texas General Statutes.
b. At no time will the Town Marshal/SRO intentionally place
themselves in the direct path of a fleeing vehicle in order to justify
the use of deadly force.
c. Attempting to deflate vehicle tires with a firearm is only permissible
in a Rapid Response incident where a vehicle is being used to
cause mass casualties.
d. The Town Marshal/SRO operating a motor vehicle in pursuit is not
to fire under any circumstances while driving at high speeds.
G. PURSUIT TERMINATION: The pursuit will be discontinued when:
1. If the Keller Police Department is involved, the Town Marshal/SRO or in
the Keller Police Department's opinion that extreme hazard is present
and the risk of injury to the Town Marshal/SRO, the Keller Police Officer,
the public, or suspect outweighs the benefit of immediate apprehension.
2. If the Keller Police Department is involved, the subject(s) can be
identified to the point where later apprehension can be accomplished
and, in the opinion of The Town Marshal/SRO or Keller Police
Department, a serious hazard is present and the risk of injury to Town
Marshal/SRO, the Keller Police Officer, the public, or the suspect has
surpassed necessity for immediate apprehension; and/or
3. The pursued vehicle's location is no longer known.
H. INTERJURISDICTIONAL PURSUITS: All procedures concerning pursuits are
applicable to the Town Marshal/SRO assisting another jurisdiction in a pursuit
or participating in a pursuit in another jurisdiction. Pursuits:
1. BY OTHER AGENCIES:
a. When a police pursuit is originated by another agency and enters
this municipality, the Town Marshal/SRO should only assist if they
are the nearest police unit and only if requested by the originating
agency.
b. The Town Marshal/SRO will not continue pursuits outside of the
borders of Westlake when another jurisdiction initiated the pursuit.
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c. If the suspect is apprehended, the driver will be charged with the
determined violations that occurred within this municipality.
d. The initiating agency will control and be responsible for the pursuit.
Other agencies will only participate when requested to assist.
e. The initiating agency will be responsible for the arraignment of
arrested person, disposition of passengers, disposition of the
suspect vehicles, and the coordination of all reports and charges.
2. TOWN MARSHAL/SRO:
a. If the Town Marshal/SRO pursues a vehicle into other jurisdictions,
the Communications Unit dispatcher will advise that jurisdiction as
soon as possible by either radio or by telephone.
b. The Town Marshal/SRO Officers will control and be responsible for
the pursuit, arraignment of arrested persons, disposition of
passengers, disposition of the suspect vehicle, and coordination of
reports and charges. the Town Marshal/SRO will cooperate with
other agencies as determined by the Inter-Jurisdictional Pursuit
Policy Agreement.
c. No more than three (3) vehicles from the combined agencies will be
involved in any pursuit.
I. PURSUIT REPORT AND ADMINSTRATIVE REVIEW: The Town
Marshal/SRO will complete the pursuit summary on the Westlake Marshal's
Office pursuit form. A report summary will be written whether an
apprehension is made and irrespective of whether a case report is written.
The pursuit summary will then be forwarded to the Roanoke Police
Department. Town Marshal will sign off on the pursuit summary and forward
to the Roanoke Police Department. Any problem or criticism of the pursuit
may be brought up at any level. After the Roanoke Police department
reviews, the report will be shared with the Court Administrator and Town
Manager/designee. The pursuit summary must contain, in addition to the
who, what, when, where and why:
1. Reason for the pursuit;
2. Result of the pursuit;
3. That the Court Administrator and Town Manager/designee are notified.
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Policy 200.01 Page 6 of 8
4. That the Communications Center was advised of the pursuit and kept
apprised of direction, location, etc.;
5. Description of vehicle pursued;
6. Number of occupants in vehicle pursued, if known;
7. Rates of speed involved;
8. Volume of traffic during pursuit;
9. Weather and road conditions;
10. Crimes or charges involved;
11. Injury to any party;
12. Damage to property;
13. If a second police vehicle was involved in the pursuit, it must also be
noted;
14. If other jurisdiction(s) were involved, their involvement and any charges
brought by the other jurisdiction(s) should be noted; and
15. Any other notable events.
J. ANNUAL ANALYSIS OF DEPARTMENT PURSUITS: Annually, the Town
Marshal/SRO will prepare an analysis/report of the preceding year concerning
pursuits. This report will be forwarded to and approved by the Court
Administrator. The following are items to be covered in the report, which may
reveal patterns or trends that indicate training needs and/or policy
modifications:
1. Town Marshal/SRO frequency;
2. Pursuit ended in an accident either by the officer or the person pursued;
3. Injuries sustained, if any;
4. Number of pursuits resulting in apprehension;
5. Number of pursuits ended by pursuing Town Marshal/SRO;
6. Number of pursuits called off by the Town Marshal/SRO;
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7. Incidents of policy violation;
8. If known, the suspect (s) gender, age and race;
9. If known, the suspect (s) state of mind at the time of the pursuit (i.e.:
mental illness, drugs or alcohol consumption); and
10. A review of pursuit policies and reporting procedures.
K. ROADBLOCKS: A roadblock is an obstruction in the roadway, natural or
manmade, having the purpose of stopping vehicular traffic. Extreme dangers
are inherent in the use of roadblocks; therefore, this directive mandates that
they be employed only for purposes outlined in this directive. At no time will a
roadblock be utilized to end a pursuit.
1. Purpose: The use of roadblocks is limited to the following reasons:
a. For specific law enforcement operations, including, but not limited
to major crime investigations, random stop-checks, or similar
activities.
2. Procedures: The establishment of roadblocks will be perFormed in
compliance with the following. The use of a roadblock must:
a. Be approved by the Town Marshal/SRO.
b. Be established in an area of sufficient visibility or illumination so that
the approaching vehicles can observe the roadblock from a safe
distance.
c. Be of a fixed type.
d. Involve unoccupied department vehicles only, if motor vehicles are
employed. Private vehicles will never be used as a barricade. The
Town Marshal/SRO will position themselves safely away from the
vehicles and on the same side of the roadway.
e. If established for roadside stop-checks, have a written plan,
approved in advance by the Town Marshal/SRO. The plan will
specify the equipment necessary to conduct the operation, and the
procedures for directing and controlling traffic.
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MOBILE DIGITAL RECORDING SYSTEMS
200.02
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: This policy is to provide the Town Marshal/SRO with guidelines for
the use of in-car video and body worn camera equipment.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to operate the
audio and digital recording units in accordance with this directive.
2. It will be the responsibility of the Town Marshal/SRO to coordinate the
instruction in the proper use of the audio and digital recording units.
3. It will be the responsibility of the Town Marshal/SRO who initiated the
digital recording to classify and/or attach a video if it is associated with a
case.
II. DEFINITIONS:
A. BODY WORN CAMERA (BWC): Any device that can be worn on the body
and capture digital multimedia evidence.
B. IN-CAR VIDEO CAMERA SYSTEMS: Any device attached to a police
vehicle which captures digital multimedia evidence.
C. MOBILE DIGITAL RECORDING (MDR): An electronic recording device (in
car video camera system or body worn camera) that is capable of making a
video and/or audio recording of interaction between the Town Marshal/SRO
and the public. The recording is stored digitally.
D. PRIVATE SPACE: A location in which a person has reasonable expectation
to be safe from uninvited intrusion or surveillance but does not include a place
to which the public has lawful access.
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Policy 200.02 Page 1 of 8
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office that the MDR units will be
activated during contacts between the Town Marshal/SRO and the public in
accordance with the guidelines established in this directive.
B. It will be the policy of the Westlake Marshal's Office that the MDR units will be
employed only in a lawful manner, in accordance to applicable state and
federal laws.
IV. PROCEDURES:
A. PROGRAM OBJECTIVES: This agency has adopted the use of MDR, in
order to accomplish several objectives, including:
1. Accurate documentation of events, actions, conditions and statements
made, during arrest and critical incidents, so as to enhance departmental
reports, collection of evidence, and testimony in court; and
2. Enhancement of this agency's ability to review probable cause for arrest,
arrest procedures, the Town Marshal/SRO and suspect interaction, and
evidence for investigative purposes, as well as for departmental training.
3. Provide this department and its employees some protection from
frivolous or fabricated misconduct complaints.
4. Provide another avenue of transparency
B. EQUIPMENT:
1. The vehicle used by this department is equipped with an in-car video
camera system that syncs to the Town Marshal/SRO assigned BWC.
2. The Town Marshal/SRO assigned a BWC shall wear the BWC on their
person when one of their primary functions involve dealing with the
public. In addition, officers working at special events will wear a BWC on
their person.
3. Strip searches will not be recorded by BWC.
C. OPERATING PROCEDURES: The Town Marshal/SRO shall adhere to the
following procedures when utilizing MDR equipment.
1. ACTIVATION:
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a. In-car video camera equipment installed in a vehicle is the
responsibility of the Town Marshal/SRO. BWCs are the
responsibility of the Town Marshal/SRO assigned to that BWC.
MDR equipment.
b. The Town Marshal/SRO shall determine whether the MDR
equipment is working satisfactorily and shall immediately bring any
problems discovered, at this or any other times, to the attention of
the Court Administrator. During the Town Marshal/SRO's routine
MDR check, they will ensure that:
(1) The recorder is positioned and adjusted to record events.
(2) The Town Marshal/SRO is logged into the MDR.
(3) If applicable, the in-car video camera system and BWC are
synced, and the MDR is operational, in order to provide
narration with the video recording, to explain the reason for the
current or planned enforcement action.
(4) The MDR activates by light bar activation, BWC activation,
and manual monitor/recorder box activation, as applicable.
(5) The MDR has an adequate digital memory and batteries to
complete their tour of duty. The in-car videos are uploaded
utilizing the removable USB drive that is installed in the in-car
DVR. Only the Town Marshal/SRO or Court Administrator can
upload the video into the secure Digital Evidence Library.
When the Town Marshal/SRO observes an uploading issue,
the issue will be immediately reported.
c. The in-car camera system, along with the Town Marshal/SRO
BWC, is automatically activated anytime a patrol vehicle's
emergency equipment is activated. The programed MDR will also
record upon activation of the BWC or the vehicle travels in excess
of 100 MPH. The in-car camera system will automatically record a
designated length of video prior to activation (usually 30 seconds).
d. MDR equipment that is using "Record-After-the-Fact" will
continuously record video only. The Town Marshal/SRO or Court
Administrator may convert this background recording to a pre-event
recording for instances where an officer did not/was not able to
press record. This feature will only be used for law enforcement
purposes and is only available until the memory is overwritten with
new data.
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Policy 200.02 Page 3 of 8
e. BWCs will be worn and on at all times when in contact with a
person the Town Marshal/SRO suspects has committed an offense
or is about to commit an offense. The audio recording will not
activate unless the video recording has been activated.
f. The events to be documented by MDR shall include, but are not
limited to, the following:
(1) All traffic stops, pursuits, code responses, enforcement
actions, prisoner transports, field contacts, motorist assists,
courtesy escorts, and pedestrian stops.
(2) Actions of suspects during interviews, when undergoing
sobriety testing, when placed in custody, or in any
circumstance where the recording could prove useful in later
judicial proceedings;
(3) Circumstances at crime and accident scenes or other events,
such as the confiscation and documentation of evidence or
contraband.
(4) Recording of victim, suspect or witness statements and
demeanor upon initial response to incidents.
g. The Town Marshal/SRO is not prohibited from recording any
contact they feel is becoming controversial or dangerous, etc. For
safety, at no time will an interview be conducted between two
vehicles. The Town Marshal/SRO should be cognizant of
performing duties within the scope of the camera's field of view
when possible. When feasible to do so, the camera should be
turned to capture critical activities performed by the Town
Marshal/SRO or actions of suspects.
h. The Town Marshal/SRO will note in incident, offense, arrest, or
other related reports when audio or digital recordings were made
during the incident being reported.
i. In the event the Town Marshal/SRO fails to activate the MDR or
notices a malfunction during a call for service as required by this
General Order, the Town Marshal/SRO will document the incident.
This may be accomplished in the call for service sheet comments,
incident report, and/or supplement report.
Westlake Marshal's Office
MobileDigital RecordingSystems
Policy 200.02 Page 4 of 8
2. DEACTIVATION:
a. After each use, the in-car camera must be manually deactivated
from inside the vehicle. BWCs may be deactivated on the camera.
b. The Town Marshal/SRO is responsible for classifying or "tagging"
their videos upon deactivation according to enforcement action
taken.
c. The Town Marshal/SRO is not required to record, and they may
turn off the MDR when conducting traffic control while using the
emergency lights of the police vehicle for safety reasons or the
exchange of information between Public Safety personnel.
d. The Town Marshal/SRO will not be required to activate the MDR
equipment to capture non-law enforcement actions including, but
not limited to, community programs, meal breaks, stops at
convenience stores, fueling, etc. Should a non-law enforcement
action become enforcement related, the Town Marshal/SRO will
active the MDR equipment manually.
e. The Town Marshal/SRO will not disable, disrupt, tamper, or
otherwise interfere with a required recording. The digital video and
audio recording of all required and enforcement activations must
cover the entire event without "dead" spots caused by the Town
Marshal/SRO disabling equipment.
f. All MDR equipped vehicles that are permanently disabled through a
fleet accident, shall have the memory card from the MDR removed,
uploaded, and secured by the Town Marshal/SRO.
3. EXPECTATION OF PRIVACY
a. The Town Marshal/SRO shall not intentionally create recordings of
themselves or others in areas where a reasonable expectation of
privacy exists such as locker rooms, restrooms, etc.
b. The Town Marshal/SRO shall not use MDR for the clandestine
recording of the voice or image of a member of the Department.
c. The Town Marshal/SRO shall not knowingly record undercover
officers or confidential informants.
d. The Town Marshal/SRO shall not use MDR to record any type of
personal activities.
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MobileDigital RecordingSystems
Policy 200.02 Page 5 of 8
e. The Town Marshal/SRO shall not create recordings in patient care
areas of inedical facilities unless the recording is for official police
business such as a criminal investigation, dying declaration, or a
specific call for police service; in compliance with Federal HIPPA
regulations.
D. DIGITAL VIDEO CONTROL AND MANAGEMENT:
1. All digital media captured using MDR is considered the property of the
Westlake Marshal's Office. Accessing, copying, or releasing captured
recordings must be in accordance with this General Order.
2. The in-car videos are uploaded utilizing the removable USB drive that is
installed in the in-car DVR. Only the Town Marshal/SRO can upload the
video into the secure Digital Evidence Library. BWC must be
downloaded to the secure network through physical docking.
3. All recordings shall be securely downloaded no later than the end of the
Town Marshal/SRO's shift by that employee. In the event that the Town
Marshal/SRO is involved in a critical incident (e.g., officer-involved
shooting), the investigating public safety agency will download the
recording as soon as practical. If a BWC was utilized, the investigating
public safety agency should take physical custody of the BWC and
download the recording as soon as practical.
4. BWCs will not be taken home with the Town Marshal/SRO with video
evidence that has not be submitted. If the Town Marshal/SRO needs to
take a BWC with them after their shift but their assigned BWC needs to
download a recording, the Town Marshal/SRO will dock their BWC and
take another BWC with empty memory.
5. The Mobile Digital Video system requires users of the system to log in
using a username and password to control access to the video evidence
and case data maintained by the system. Access to the electronically
stored files are restricted to personnel designated by the Town
Marshal/SRO.
6. Retention of digital recordings will be based on the Town Marshal/SRO'S
classification of the recording. All digital recordings will be securely
stored in accordance with state retention schedules. All recordings
related to a law enforcement purpose will be retained by the department
for a minimum of ninety (90) days.
7. Any digital recording stored off the secure server (CD, DVD, etc.) that is
placed into a records file will be destroyed by following the records
retention schedule.
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MobileDigital RecordingSystems
Policy 200.02 Page 6 of 8
8. Public requests through the Freedom of Information Act will be handled
according to the state law pertaining to open records. These requests
will be handled through the Town Manager's Office. Digital recordings
made in a private space will be redacted prior to release.
9. The Town Marshal/SRO shall be allowed to review the recording from
their MDR at any time. To help ensure accuracy and consistency, the
Town Marshal/SRO is encouraged to review recording prior to preparing
reports. If the Town Marshal/SRO is giving a formal statement about a
use of force or if the Town Marshal/SRO is the subject of a disciplinary
investigation, the Town Marshal/SRO shall: <attorney thoughts and
review>
a. Have the option of reviewing the recordings; and
b. Have the right to review recordings from other recording devices
capturing the Town Marshal/SRO's image or voice during the
underlying incident.
10. The Town Marshal/SRO (or any outside agency assisting in conducting
an Internal Affairs Investigation) may review any Town Marshal/SRO
activated MDR videos at any time and may authorize another member to
do so for the purposes of investigation, training or any other law
enforcement purpose. Furthermore, detectives and or investigators from
an outside department assisting in an investigation may review any
employee activated MDR video as needed to perform their duties within
the department. Supervisors authorized to access "Record-After-the-
Fact" shall only do so for specific investigations where there is reason to
believe video of law enforcement value is on the MDR but the video
system was not activated by the em ployee.
11. The Town Marshal/SRO shall not afford individuals outside the
parameters of law enforcement the opportunity to review a segment of
any video without prior authorization from the Town Marshal/SRO.
12. The Town Marshal/SRO shall not make unauthorized screen grabs,
screen recordings, or copies of MDR videos.
E. RECORDING USE IN COURT/ FORMAL VENUE:
1. When a recording is being stored as evidence, and there is a request to
present the recording to court or some other type of venue, the Town
Marshal/SRO should make a request in writing to the Town Manager's
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MobileDigital RecordingSystems
Policy 200.02 Page 7 of 8
Office if the prosecuting attorney has not already received a copy
through a formal request.
2. All digital recordings for all charges Class B and above will be copied by
the Town Marshal/SRO without a request. If the Town Marshal/SRO
makes an arrest for a Class B offense or higher the Town Marshal/SRO
is responsible for flagging the video for a DME case. Once the recording
has been copied the Town Marshal/SRO will forward the digital copy to
the DA for filing the case. Class C offenses will only be copied if the
case is needed for a scheduled court appearance.
F. REPAIR AND MAINTENANCE:
1. Repairs and replacement of damaged or non-functional MDR equipment
is performed as soon as possible.
2. Repair of equipment will be processed through the manufacturer or
designated repair facility.
3. The Town Marshal/SRO should periodically clean the lens of the camera
with a clean dry lens cleaning cloth only (paper towels, tissue, etc. may
scratch the lens). Any dirt that cannot be removed with a dry cloth
should be removed with water and a mild detergent then wiped with a
dry cloth.
G. TRAINING:
1. The Town Marshal/SRO will be provided training in the required use,
operation, and maintenance of MDR equipment during initial training and
as needed.
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MobileDigital RecordingSystems
Policy 200.02 Page 8 of 8
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EMERGENCY RESPONSE CODES
200.03
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish procedures for responding to calls
for service.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to monitor radio
traff ic.
II. DEFINITIONS:
A. Code Three: Proceed with haste, using emergency equipment lights and
siren constantly. Speed shall be governed by conditions, safety to others,
and restrictions established by State law.
B. Vehicle Apprehension Drivinq: Acceleration of the Town Marshal/SRO's
vehicle in an effort to make contact with violator's vehicle and insure the
driver is properly notified that a police officer requires the violator vehicle to
stop.
C. Pursuit Drivinq: The driver of a vehicle is aware that the Town Marshal/SRO
is driving a police vehicle with emergency lights and siren is attempting to
apprehend him or her and the driver of this vehicle attempts to avoid
apprehension by increasing speed or taking other evasive actions.
D. Emerqency Call: Calls involving imminent threat to life; calls indicating
serious injury, or which may jeopardize human life. Use of Code Three
response is permitted.
E. Non-Emerqency Call: Calls of a non-life-threatening nature. Normal driving
behavior is to be followed.
III. POLICY:
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Emergency Response Codes
Policy 200.03 Page 1 of 5
A. It is the policy of the Westlake Marshal's Office that at any time the Town
Marshal/SRO is operating a Town vehicle or whenever operating any vehicle
on duty, such operation is conducted in compliance with policy and
reasonable standards of safety, giving consideration to the conditions present
at that time.
B. It is the policy of the Westlake Marshal's Office that the Town Marshal/SRO
will prioritize emergency calls over non-emergency calls and respond
appropriately. All calls are assigned a priority number in CAD.
IV. PROCEDURES:
A. RESPONSE CODES:
1. In order to apprehend violators of the law and to offer adequate
assistance and protection to the citizens of Westlake, the department
recognizes the necessity to respond under emergency situations as
rapidly as possible. It is further recognized that discretion is necessary
when making an emergency run and that the safety and well being of all
citizens is of primary concern. Indiscriminate driving habits can only
serve to jeopardize life and property.
The Town Marshal/SRO shall not exceed maximum limit or fail to obey
all traffic control devices, unless operating under the manner prescribed
in this policy.
2. Leqal Implications in Runninq Emerqency Code: Texas motor vehicle
laws provide specific exceptions to the laws for authorized emergency
vehicles. When responding to an emergency call or when in the pursuit
of an actual or suspected violator of the law, the Town Marshal/SRO
(driver) of an emergency vehicle may:
a. Park or stand, irrespective of the provisions of the law.
b. Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation.
c. Exceed the maximum speed limits so long as life or property is not
endangered.
d. Disregard regulations governing discretion of movement or turning
in specific directions.
The exceptions stated above are granted to an authorized
emergency vehicle only when such vehicle makes use of audible
Westlake Marshal's Office
Emergency Response Codes
Policy 200.03 Page 2 of 5
and visual signals. Texas motor vehicle laws further state the
special conditions do not relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the
safety of all persons, nor do they protect the driver from
consequences of his reckless disregard for the safety of others.
3. General Criteria Applied in Assiqnment of Code Three:
a. Code Three: Assigned to calls involving imminent threat to life.
Examples: Major injury accidents, assist officer calls, "in progress"
calls of major consequences. It may be used in apprehension of an
offender fleeing from an offense identified in the next section b (2).
Note: The Westlake Marshal's Office will not typically respond to
major accidents, burglaries or theft calls in progress unless
requested by KPD or another outside agency.
b. Authorized code three initial response calls will include only the
following categories:
(1) Officerin trouble
(2) Deadly assault in progress
(a) Armed robbery in progress
(b) Sexual assault in progress
(c) Other calls indicating serious injury, or which may
jeopardize human life.
c. The Town Marshal/SRO may override the provisions of this section.
d. The Town Marshal/SRO will not utilize code three unless
authorized under this policy.
e. Vehicles without emergency signal equipment (lights and siren) are
not assigned emergency codes and will at no time operate as an
emergency vehicle.
f. The Town Marshal/SRO responding to calls not assigned code
three status have discretionary right to run emergency code if they
have prior knowledge that circumstances might involve threat to
life. Notification must be given to the Public Safety Dispatcher that
such discretion is being exercised. The Town Marshal/SRO retains
authority at all times to override any decision made regarding the
assignment of emergency code status.
Westlake Marshal's Office
Emergency Response Codes
Policy 200.03 Page 3 of 5
4. Emerqency Response Considerations: Due regard for the safety of
others and the application of good driving practices should characterize
the running of emergency code.
a. Use of the vehicle's emergency equipment (lights and siren)
amounts to a request for right-of-way but does not ensure that other
motorists will yield right-of-way.
(1) Emergency response speed is determined by the nature of the
call and, most importantly, by such things as weather, road,
density of population, and existing traffic conditions.
(2) When entering an intersection under emergency conditions
and upon finding the main traffic lanes blocked, the left turn
lane should be the first alternative. Secondary alternatives are
any other open traffic lanes. The final alternative includes
service stations or other business establishment driveways but
only when exercising extreme caution.
(3) When approaching traffic traveling in the same direction, the
approach should be slow enough to allow that traffic to move
out of the way.
(4) If the Town Marshal/SRO is disregarded, the Town
Marshal/SRO should select the first available side street, turn
down the street, and then shut down the emergency
equipment. Terminating emergency signals in the middle of
moderate to heavy traffic can prove hazardous.
(5) Audible signal should be sounded well in advance of entering
an intersection. It is good practice to stop prior to entering any
intersection against a red traffic signal or stop sign.
(6) When entering an intersection with a green traffic signal, it is
good practice to significantly reduce the vehicle's speed,
keeping in mind that proper evasive action may involve
braking or accelerating dependent upon the circumstances at
hand.
(7) Extra caution should be used when topping hills or rounding
blind curves, especially when responding to accident calls.
Wreckage in the roadway may not be visible to the
approaching emergency vehicle and a secondary crash could
result.
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Emergency Response Codes
Policy 200.03 Page 4 of 5
(8) Children are often drawn to the sound of sirens. Extreme
caution should be exercised in and around schools and
residential areas to avoid children who might run into the
streets ahead of approaching emergency vehicles.
(9) The Town Marshal/SRO should be alert to traffic from side
streets, to pedestrians and to stalled vehicles.
(10) Operators of emergency vehicles running code three should
keep in mind that other vehicles are required to yield to the
right only and that the left portion of the roadway should be
used whenever possible.
(11) The Town Marshal/SRO who changes the response call
designation shall immediately notify the Public Safety
Dispatcher. The Town Marshal/SRO shall state the reasons
for changing the response designation.
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Emergency Response Codes
Policy 200.03 Page 5 of 5
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RAPID RESPONSE
300.01
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures for response to an
active shooter or active terrorist incident for the Westlake Marshal's Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshall/SRO to study, understand,
and follow the policy and procedures set forth and established in this
directive.
2. The Town Marshal/SRO would take command only until KPD or another
agency arrived
3. It will be the responsibility of the Public Information Officer to notify and
update the media and community of any rapid response event.
4. It will be the responsibility of the Town Marshal/SRO to be trained in this
policy and to conduct an annual review of this policy, training needs, and
equipment needs.
II. DEFINITIONS:
A. ACTIVE SHOOTER: One or more subjects who participate in a random or a
systematic homicidal spree by demonstrating their intent to continuously harm
others. The subject's overriding objective appears to be mass murder rather
than other criminal conduct, such as robbery, hostage taking, etc. For the
purpose of this policy, the term "active shooter" will also include anyone who
uses any other deadly weapon (knife, club, bow and arrow, explosives, etc.) to
systematically or randomly inflict death or serious bodily injury on others over
a continuous or extended period of time.
B. ACTIVE TERRORISM: An activity that involves an act dangerous to human
life or that is potentially destructive to critical infrastructure or key resources, is
Westlake Marshal's Office
Rapid Response
Policy 300.01 Page 1 of 8
a violation of the criminal law, and is intended to intimidate or coerce the civilian
population; influence a government; or affect the conduct of a government by
mass destruction, assassination, or kidnapping.
C. BARRICADED PERSON: A situation in which a person(s) who is armed or
believed to be armed, suicidal, or mentally unstable resists being taken into
custody by barricading himself in a room, building or other location.
D. CONTACT TEAM: An officer or group of officers who are the first line of police
response in a rapid response event. Contact teams move quickly through
unsecured areas bypassing the dead, wounded, and panicked citizens with the
goals of locating, isolating, and neutralizing the active threat. The optimal
number of officersfor a contact team is four (4).
E. DIRECT THREAT/ HOT ZONE: Any area of operation in which there is a direct
and immediate threat of serious bodily injury or death to people and first
responders.
F. EVACUATION AREA / COLD ZONE: Any area of operation in which there is
not a significant threat to citizens or first responders. This area will include but
not limited to Command, Fire/EMS personnel, Police support, and medical
services.
G. EVACUATION TEAM: The final line of police response in a rapid response
event whose goal is to control the removal of innocent parties to pre-designated
safe areas when the threat(s) are contained or eliminated.
H. HOSTAGE INCIDENT: A situation in which a person(s) holds another
person(s) against their will by force, threat or violence, and law enforcement
officials are present at the scene attempting to obtain the release of the
hostage.
I. INDIRECT THREAT/WARM ZONE: Any area of operation in which there is a
potential threat to people and first responders, but the threat has been mitigated
by the tactical deployment of personnel and equipment.
J. PERIMETER TEAMS (INNER AND OUTER): The third line of police response
in a rapid response event whose goal is to shrink the perimeters, provide a safe
area for the evacuation of injured, cut off suspect escape routes, and allow for
the evacuation of a portion of the building.
K. RAPID RESPONSE: The swift and immediate deployment of law enforcement
resources to an on-going, life threatening situation where delayed deployment
could otherwise result in death or serious injury to innocent persons.
L. RESCUE TASK FORCE (RTF): A minimum of 2 Officers and 2 EMS whose
Westlake Marshal's Office
Rapid Response
Policy 300.01 Page 2 of 8
sole responsibility is to treat wounded and coordinate casualty evacuation. The
rescue task force will work in coordination with incident command and will not
operate in a Direct Threat / Hot Zone area.
M. RESCUE TEAM: The second line of police response in a rapid response event
whose goals are to locate injured, provide immediate treatment, triage, and
evacuation if necessary. If confronted by an active threat they will respond as
a contact team. The rescue team will consist of at least four (4) officers.
N. TACTICAL EMERGENCY CASAULTY CARE (TECC): The delivery of trauma
care in a high threat pre-hospital environment.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to respond, contain, and
stop threats and to administer aid to victims. When the Town Marshal/SRO is
faced with the ongoing or reasonably likely continuation of the use of deadly
force by a suspect(s), and delay in action by police could result in additional
deaths or injuries, officers shall use rapid response tactics to eliminate the
threat.
B. It will be the policy of the Westlake Marshal's Office that authority to implement
this plan shall rest with the Town Marshal/SRO or the designated Incident
Commander.
C. It will be the policy of the Westlake Marshal's Office to use the services of
recognized police emergency technicians, trained in bomb disposal operations,
when a suspected bom b has been located.
IV. PROCEDURES:
A. OFFICER RESPONSE:
1. All radio use for emergency traffic only.
2. Units equipped with emergency lighting and siren will respond code three.
3. During a rapid response event, officers will prioritize response by the
following:
a. Eliminate the threat/stop the active shooter(s);
b. Rescue the victims;
c. Provide medical assistance;
Westlake Marshal's Office
Rapid Response
Policy 300.01 Page 3 of 8
d. Conduct a safety sweep for unknown hazards;
e. Evacuate citizens; and
f. Preserve the crime scene.
4. Directed fire:
a. Directed fire is not used as "warning shots."
b. Directed fire towards the suspect is permissible as long as it does
not appear that there are innocent victims in the line of fire.
c. Directed fire is controlled fire on a threat used to protect officers
moving into a position of advantage over the suspect.
5. Public safety personnel should make entry at a location other than the
main entrance, if possible, as this is the place where a suspect might
logically set up barricades, explosives, or an ambush.
6. Initial Response:
a. The initial responding officers have the responsibility for stopping
active shooters/active terrorists immediately and aggressively. The
Keller Police Department has primary law enforcement jurisdiction
for the Town of Westlake and will be the initial primary responding
agency along with the Westlake Town Marshal.
b. A single officer entering a structure is not ideal but must be allowed
to act singularly if the officer feels that a delay in entry will place more
victims in danger and waiting for more officers will allow the
suspect(s) more time to injure or kill more victims. The single officer
must understand the inherent risk assumed in taking such action.
c. The first officers on scene will form a contact team and:
(1) Stay together as much as possible and enter the involved
structure quickly;
(2) Maximize communication by maintaining contact with other first
responders and dispatch;
(3) Maximize threat coverage by addressing all angles;
(4) PerForm threshold evaluations (the technique used to search
the majority of a room prior to entering the room);
Westlake Marshal's Office
Rapid Response
Policy 300.01 Page 4 of 8
(5) Differentiate between "slow search" (no active threat) and
"direct-to-threat" speeds (active threat present) and use the
appropriate speed for the circumstances;
(6) Differentiate between a rapid response situation and a
barricaded person/hostage incident and respond appropriately;
and
(7) Use cover-contact principles when taking suspects into
custody.
7. Additional Arriving Officers:
a. Additional arriving officers will:
(1) Establish a command post/staging area and continue the
incident command system. Any change in incident command
will be made known to officers and dispatch;
(2) Form additional contact teams;
(3) Form rescue teams;
(4) Establish a perimeter and perimeter teams;
(5) Establish evacuation teams, evacuation corridors, and
coordinate evacuations to a designated area;
(6) Coordinate medical support and a Casualty Collection Point for
injured persons capable of holding victims with injuries that
require medical treatment;
(7) Conduct a safety sweep for persons and hazards/bombs;
(8) Form Rescue Task Forces in coordination with EMS personnel
as described below.
(9) Preserve the crime scene and collect evidence; and
(10) Maintain communications with other law enforcement
personnel and dispatch.
b. The scene shall be kept secure until the Incident Commander has
declared the scene to be opened.
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Policy 300.01 Page 5 of 8
8. Rescue Task Force (RTF):
a. RTFs will be utilized to rapidly deliver tactical emergency casualty
care to an Active Shooter / Rapid Response scene to affect rescue
and save lives.
b. RTFs will operate under the following guidelines:
(1) Operate in coordination with Incident Command;
(2) Operate in Indirect Threat/Warm Zones and Evacuation/Cold
Zones;
(3) Officers provide force protection and tactical movement of the
team. Officers will not assist in any care, lifting, or carrying of
casualties;
(4) EMS personnel provide triage, medical stabilization, and
evacuation or shelter-in-place;
(5) Movementwill be made through designated Ingress and Egress
corridors;
(6) Casualty Collection Points may be designated if appropriate to
aid in the treatment and movement of casualties to the
Evacuation/Cold Zone.
9. Explosives:
a. When a team locates a possible explosive device:
(1) Visually inspect the device;
(2) Consider alternate route based on condition of device (e.g.
timer activated, burning fuse, etc.);
(3) Move quickly away from device;
(4) Do not move or touch the device;
(5) Verbalize location of the device to the rest of the team;
(6) Report location of device to other teams, ICP, and dispatch;
(7) Limit use of radios, cell phones, or electronic devices;
Westlake Marshal's Office
Rapid Response
Policy 300.01 Page 6 of 8
(8) Move past device and continue search;
(9) If possible, mark location of device; and
(10) Be aware of possible booby traps.
b. Emergency personnel trained in bomb disposal will be called when a
suspected bomb has been located.
B. At the direction of the Incident Commander, Dispatch will be responsible for
requesting mutual aid and recall of off duty personnel.
C. MUTUAL AID:
1. Upon assessing the scene, additional law enforcement, fire and rescue
agencies may be requested. This will be requested through Keller PD
since they should be on scene and in command of the event.
2. Mutual aid will be requested as needed.
D. MEDIA:
1. All requests for information should be funneled through the Public
Information Officer (PIO) for vetting and coordination. The Town of
Westlake PIO will coordinate with the City of Keller PIO since Keller PD is
the primary law enforcement for the Town of Westlake. Consideration
should be given to establish a media staging location that is not within the
immediate vicinity of the event.
2. The Town's PIO, at the direction of the Town Administrators, will be
responsible for sending information over the town website, social media,
and the emergency notification system.
E. POST INCIDENT REVIEW:
1. All supplemental narratives and forms will be completed as required and
forwarded to the Keller Police Department.
2. Professional counseling will be provided to involved employees as
appropriate.
F. TRAINING:
1. All full-time and part-time officers will be trained in this policy at least
annually.
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Rapid Response
Policy 300.01 Page 7 of 8
2. Hands-on rapid response training forfull-time personnel will be conducted
at least triennially.
G. ANNUAL REVIEW: The Town Marshal/SRO will complete an annual review of
this directive and training/equipment needs.
Westlake Marshal's Office
Rapid Response
Policy 300.01 Page 8 of 8
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SCHOOL RESOURCE PROGRAM
300.02
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: The Police School Resource program was established to create
better two-way communication and rapport between the youth, police officers,
and the school administration. This will hopefully dispel negative feelings
towards the police and the criminal justice system and may also result in a
decline in the number of juvenile offenders. The School Resource Officer will
also provide a safer school environment for all.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to establish a good
relationship with the students, which would help solve reported crimes
and also reduce the amount of juvenile related offenses.
II. DEFINITIONS:
A. LIASION: A bond or close relationship. Any form of intercommunication.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to establish an
environment of shared ownership and responsibilities with Westlake
Academy, including staff, students and parents. To identify and address
public safety issues, campus concerns and to implement solutions.
IV. PROCEDURES:
A. DUTIES OF THE TOWN MARSHAL/SRO SCHOOLARE AS FOLLOWS:
1. Lecture classes on topics such as law enforcement roles, law, drug
abuse, peer pressure, bullying, ethical issues, and home security, as
available.
Westlake Marshal's Office
School Resour�e Program
Policy 300.02 Page 1 of 5
2. Be available to counsel/mentor students.
3. Assist Keller PD (the primary law enforcement agency for the Town of
Westlake) with violations of the law that occur on school property, such
as trespass situations, thefts, burglaries, fights, and other offenses
covered by the school code and complete necessary reports and
paperwork.
4. Assist investigators on cases involving students by providing personal
information on the suspects from school records, interviewing, and
acquiring other requested information.
5. Attempt to identify drug abusers and obtain a drug assessment from the
school district's drug counselor.
6. Attend school extracurricular activities at the request of principals or
Administrators, with approval from the Court Administrator, in
conjunction with their Town Marshal/SRO assignments. They will be
compensated at their overtime or compensation time rate by the Town of
Westlake.
7. The Town Marshal/SRO will be available to schools during school
hours—as best as possible, vacation time should be used when school
is out of session. School principals will be notified when the Town
Marshal/SRO is away from the town during school hours.
8. The Town Marshal/SRO will maintain constant communication with the
Public Safety Dispatch personnel whenever a change in status or
location has been made. They are always required to carry a portable
radio with them, unless unusual circumstances exist.
9. Counsel with parents concerning their children's behavior and/or
problems with the law or school.
10. Counsel with neighbors adjacent to the schools about students causing
criminal mischief and other criminal activities.
11. Provide a positive role model to students and maintain good relations
with the school community.
12. The Town Marshal/SRO will keep the supervisor informed of
consultations and presentations performed above their enforcement
duties.
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School Resour�e Program
Policy 300.02 Page 2 of 5
13. Interact with students on a positive basis during daily contacts. Town
Marshal/SRO is reminded that any actions taken regarding custody
situations must be done within their statutory authority.
14. Attempt to identify and classify gang members. Town Marshal/SRO will
acquire and disseminate information on gangs to the Keller Police
Department and, when practical, to the general public.
B. QUALIFICATIONS AND TRAINING: Minimum qualifications for consideration
as a Town Marshal/SRO:
1. A minimum of 5 years' experience as a full-time police officer.
2. Demonstrate the ability to work both independently and as part of a
group.
3. Willingness to adjust schedules as necessary.
4. Demonstrate the ability to work effectively with juveniles.
5. Demonstrate a history of positive public contact.
6. Ability to work with administrative and managerial personnel.
7. Preferred qualifications include a bachelor's degree and
instructional/public speaking experience.
8. Training:
a. Complete an approved basic SRO course within 180 days of
assignment to the unit.
C. VEHICLES AND EQUIPMENT: The Town Marshal/SRO will wear their
standard issued police uniform and drive their assigned marked vehicle while
on duty during school hours, unless their assigned vehicle is out of service for
repairs. The Town Marshal/SRO can follow the Town of Westlake Personnel
Policy 5.03 (Dress Code) referencing "casual days" as stated in the manual.
The Town Marshal/SRO are responsible for the upkeep of the vehicle and
equipment assigned to them. Equipment in need of repair or replacement
should be reported immediately to the Court Administrator.
D. SCHOOL VISITS:
1. The Town Marshal/SRO will report to their assigned school as soon as
possible each day.
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School Resour�e Program
Policy 300.02 Page 3 of 5
2. The Town Marshal/SRO will attend lunch at Westlake Academy at least
once each week. Daily school lunches are not required.
3. While on campus, the Town Marshal/SRO will be available to assist any
school personnel or student.
E. TEACHING:
1. The Town Marshal/SRO will make structured presentations to students
in a classroom or assembly setting as requested by school
administrators and teachers.
a. The Town Marshal/SRO will schedule classes as far in advance as
possible to ensure adequate participation.
b. The Town Marshal/SRO will avoid canceling or postponing
scheduled classes if possible and will make necessary
rescheduling in a timely manner.
c. The Town Marshal/SRO will maintain current reference material, so
information presented is accurate.
2. The Town Marshal/SRO will use only approved lesson plans.
3. The Town Marshal/SRO is expected to participate in lesson plan
development and new program planning.
F. ENFORCEMENTACTION:
1. The Town Marshal/SRO will enforce criminal laws (including relevant
Texas Education Code provisions) in accordance with policies and
procedures when necessary, using discretion to resolve situations in
other ways when that would be more appropriate.
2. The Town Marshal/SRO will not use criminal law enforcement authority
to enforce school rules or disciplinary action.
3. The Town Marshal/SRO may conduct intervention with students
suspected of being truant but will not enforce truancy laws. Suspected
truants will be referred to school officials for handling.
4. The Town Marshal/SRO will not participate in searches initiated by the
school personnel. The Town Marshal/SRO may perform searches
necessary for their own and others' safety and pursuant to the laws of
search and arrest.
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School Resour�e Program
Policy 300.02 Page 4 of 5
5. The Town Marshal/SRO will not disclose any investigative information
that will hamper a pending investigation. No information will be released
to a Westlake Academy employee regarding a student's criminal activity
other than that required by law.
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School Resour�e Program
Policy 300.02 Page 5 of 5
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MENTAL HEALTH ENCOUNTERS
300.03
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: It is the intent of the Westlake Marshal's Office to provide uniform
guidelines in interacting with persons suspected of suffering from mental
illness.
B. Responsibility:
1. The Town Marshal/SRO should only transport in the event that the
outside public safety agency agrees with the transport. The Town
Marshal/SRO will be responsible for completing the appropriate
admissions forms for emergency detention.
II. DEFINITIONS:
A. MENTAL ILLNESS: Any of various conditions characterized by impairment of
an individual's normal cognitive, emotional, or behavioral functioning, and
caused by social, psychological, biochemical, genetic, or other factors, such
as infection or head trauma.
B. EMERGENCY ADMISSION: A statutorily prescribed process performed by a
peace officer who has reason to believe that a person is mentally ill and is
likely to injure himself or others if not immediately restrained. The Town
Marshal/SRO may then take such person into custody and immediately
transport such person to the nearest appropriate hospital for temporary
detention and evaluation.
C. MY HEALTH MY RESOURCES (MHMR): An independent local entity that
provides services to persons with mental illness, intellectual disabilities,
addictive behavior, and early childhood development delays. In addition,
MHMR provides crisis intervention, case management, vocational and
residential services, supported employment, drug abuse, inpatient and
outpatient services, family support, physical therapy, and homeless outreach.
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Mental Health Encounters
Po I icy 300.03 Pag e 1 of 7
D. MENTAL HEALTH LAW ENFORCEMENT LIAISON PROJECT: This is an
organization affiliated with MHMR. They are a 24-hour hotline which provides
only Law Enforcement Officers telephone assistance when they come in
contact with someone, they suspect of having a mental illness. This hotline
maintains a database containing persons with mental illnesses that have
come in contact with Law Enforcement Officers within Tarrant County. They
also provide follow-up contact with those persons who have a mental illness.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to apprehend or commit
persons who have recently exhibited specific behaviors, acts, attempts or
threats which show evidence of a substantial risk of harm to themselves or
others, and such harm or risk is imminent. This will typically be done through
the outside police agency.
B. It will be the policy of the Westlake Marshal's Office to treat all persons
suspected of inental illness with dignity and respect. The Town Marshal/SRO
may encounter consumers who exhibit signs of inental illness but pose no
imminent threat to themselves or others. The Town Marshal/SRO will not get
directly involved in the commitment of these consumers but may refer them or
someone seeking assistance for them to the mental health courts, MHMR, or
private mental health providers.
IV. PROCEDURES:
A. RESPONDING TO INCIDENTS INVOLVING SUSPECTED MENTAL
ILLNESS:
1. General Guidelines for Recoqnition of Persons Sufferinq from Mental
Health Issues:
a. The Town Marshal/SRO may form the belief that the person may
be suffering from mental health issue from:
(1) Verbal Siqns: Illogical thoughts, unusual speech patterns,
extreme and inappropriate verbal hostility or excitement.
(2) Behavioral Siqns: Physical appearance, body movements,
responding to voices or objects that are not there, lack of
emotional response, causing injury to self, extreme or
inappropriate expressions of sadness or grief and
inappropriate emotional reactions.
(3) Environmental Siqns: Surroundings are inappropriate, such
as: "pack-ratting"-accumulation of trash, hoarding, clutter;
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Po I icy 300.03 Pag e 2 of 7
presence of feces or urine on the walls, house is filthy or
unkempt.
(4) Information given to the Town Marshal/SRO by a credible
person.
b. Other factors to look for when dealing with a person with a mental
health issue:
(1) Inability to carry on a rational discussion.
(2) Crisis may be the result of delusions or hallucinations.
(3) Person may be frightened by uniforms and weapons.
(4) Person may behave unpredictably.
(5) Person may claim something has occurred that is not
reasonable or possible.
(6) Person may not be able to answer questions (due to inability
or stunted ability to process information).
(7) Person may have an adrenaline rush/high pain tolerance.
2. Guidelines in dealinq with persons sufferinq from mental health issues,
includinq in the field and durinq interviews/interroqations:
a. The Town Marshal/SRO should provide or obtain on-scene
emergency aid when treatment for an injury is urgent; check for
Medic Alert, Safe Return, or other such bracelets, necklaces or
wallet cards; gather information from persons nearby; and remove
distractions and disruptive people from the immediate area.
b. If additional personnel are not immediately needed for safety and
control, they should retreat to a comfortable distance; try to avoid
causing intimidation; introduce yourself and your position (even if
you have dealt with the individual previously); remain courteous,
even when confronted by threats or verbal abuse; and indicate a
willingness to help.
c. Avoid violating the person's personal space. If you must do so,
advise the individual what you are doing and do not move quickly.
You may want to ask permission to do so. Recognize that a
person's symptoms are very real to him or her and do not minimize
or try to explain away the symptoms.
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d. The Town Marshal/SRO should be professional. Do not make fun
of, taunt, or verbally abuse the person; avoid words like crazy,
loony, goofy, etc.; and avoid making sudden or rapid moves, except
as a last resort.
(1) The Town Marshal/SRO should speak simply and briefly; give
time for responses and repeat when necessary; divert the
individual's train of thought by asking for routine information;
ask simple and direct and open ended questions; try to
develop a rapport; and ask about medications, doctors and
diagnoses.
(2) The Town Marshal/SRO will be empathetic; paraphrase the
person's responses to let him know you are listening and to
correct any misunderstanding.
3. Town Marshal/SRO and Patient Safety:
a. The Town Marshal/SRO, when taking a patient into custody for
dangerous behavior, should take whatever steps necessary to
ensure a safe transport of the patient.
b. The use of restraint devices shall be at the Town Marshal/SRO's
discretion unless violent behavior has been observed or reported.
If violent behavior has occurred, the patient may be restrained by
handcuffing in front if a belly chain/belt is used.
c. Remember that the patient is not under arrest for a crime but has
been taken into custody for that person's safety and the safety of
others.
4. Field Apprehension Situations
a. Upon determining that the proposed patient meets the criteria for
apprehension, the Town Marshal/SRO may take the person into
custody and coordinate with KPD. The Town Marshal/SRO will
maintain control of the person until the arrival of KPD.
(1) Chapter 573 of the Texas Health and Safety Code allows a
peace officer to take a person into custody without a mental
health warrant if:
(a) The officer has reason to believe and does believe that a
person is mentally ill; and
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(b) Because of the mental illness there is a substantial risk of
serious harm to the person or to others unless the person
is immediately restrained; and
(c) Believes that there is not sufficient time to obtain a warrant
before taking the person into custody.
(2) Substantial risk of serious harm may be determined by:
(a) The person's behavior; or
(b) Evidence of severe emotional distress; or
(c) Deterioration in the person's mental condition to the
extent that the person cannot remain at liberty.
b. Prior to leaving the scene of the apprehension, the Town
Marshal/SRO shall ensure that they have recorded the name,
address and phone number of any person that may be needed as a
witness to the proposed patient's actions. If appropriate, the Town
Marshal/SRO will obtain a written voluntary statement from
witnesses.
c. The transporting officer may contact the Mental Health Law
Enforcement Liaison Project to gather additional information on the
person and/or to inform them that they have transported an
individual on an emergency mental warrant.
5. Apprehension by a Peace Officerwith a Mental Health Warrant:
a. Application for Warrant: The Texas Health and Safety Code allows
any adult person to request that a magistrate issue a mental health
warrant for the apprehension of another person. In order to obtain
the warrant, the person must complete an application for the
emergency detention and present an affidavit to the magistrate.
The application and the affidavit must state that the person seeking
the warrant (the applicant) has reason to believe that the person to
be apprehended shows evidence of inental illness. The person
must also show evidence that he/she is a substantial risk of serious
harm to themselves or others and that such harm is imminent
unless the person is restrained.
b. Issuance of the Warrant: After the magistrate reviews the
application and affidavit, the magistrate may issue a mental health
warrant which directs a peace officer to apprehend the patient and
transport the patient to John Peter Smith Hospital or to another
hospital for an initial evaluation by a physician. In Tarrant County,
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Po I icy 300.03 Pag e 5 of 7
typically the mental apprehension warrant will be submitted to the
Tarrant County Sheriff's Warrant Division for serving. Occasionally,
a warrant may be brought to the Westlake Marshal's Office for
processing. If a warrant is brought to this agency, the Town
Marshal/SRO will perform the following:
(1) Attempt to locate the individual who is listed in the warrant.
The attempt to locate will be placed into the CAD system. If
the person cannot be located and shift change occurs, the
officerwill hand the warrant to the on-coming shift supervisor.
(2) A mental detention warrant is a civil process; therefore, the
warrant will not be entered into TCIC/NCIC.
c. Police Involvement in Obtaininq Mental Health Warrants: Typically,
the Town Marshal's office should not become involved in obtaining
mental warrants. This is due to a peace officer's ability to make a
warrantless apprehension under true emergency circumstances.
The individual requesting a mental health warrant, referral or
mental health services should notify the Mental Health Screening
Crisis Hotline.
6. Seizure of a Firearm: NOTE: The Westlake Marshal's Office will only
seize a firearm in an emergency where the Keller Police Department is
not yet on scene. A law enforcement officer who seizes a firearm from a
person taken into custody and not in connection with an offense
involving the use of a weapon or an offense under Chapter 46, Texas
Penal Code, shall:
a. Turn over the seized firearm to Keller Police Department personnel
when it is safe to do so after their arrival on scene.
b. Complete a supplemental narrative and forward it to the Keller
Police Department personnel completing the report.
7. Non-Violent Person: People with mental health issues who present no
substantial and imminent risk of serious harm to self or others should not
be taken into custody. The procedure for voluntary commitment should
be explained to a responsible relative or friend and instructed to contact
Mental Health Services.
C. TRAINING:
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Po I icy 300.03 Pag e 6 of 7
1. The Town Marshal/SRO will be provided entry-level training in regard to
dealing with persons suspected of having mental health issues. Training
should include the following:
a. Basic understanding the fundamental rights, interaction, and
communication with people with mental health issues.
b. The adversity of inental health issues.
c. Suicide and the evaluation of danger levels.
d. Psychopharmacology as it relates to medications prescribed to
persons with mental health issues.
e. Understanding the legal process and techniques for apprehension.
f. Discussion of legal and societal concerns and perspectives.
g. Understanding referrals/resources in the community.
h. Jail/Court related alternatives and referrals for persons with a
mental health issue.
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PRISONERTRANSPORT
400.01
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures pertaining to the
transportation of prisoners at the Westlake Marshal's Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO taking a subject into
custody to safely and adequately search the subject prior to any
transporting.
2. It will be the responsibility of the Town Marshal/SRO involved in prisoner
transport to adequately restrain and safely deliver the prisoners in their
custody.
3. It will be the responsibility of the Town Marshal/SRO involved in prisoner
transport to keep alert, maintain observation of their prisoner, and to
deny unauthorized access to or contact with prisoners.
4. It will be the responsibility of the Town Marshal/SRO to make known to
persons receiving prisoners all relevant information known concerning
safety, health, and/or security hazards.
II. DEFINITIONS:
A. HANDICAPPED PRISONER: A person with an anatomical, physiological or
mental impairment that hinders mobility.
B. PRISONER: A person who has been arrested and taken into custody.
C. RESTRAINING DEVICES: Equipment that is used to restrain the movement
of the prisoner, such as handcuffs, waist chains, or ankle chains.
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Prisoner Transport
Policy 400.01 Page 1 of 10
D. SECURITY HAZARDS: Any threat to the security of the prisoner, to the
facility in which he/she is held, or to others with whom the prisoner may come
into contact.
E. STRIP SEARCH: Having a prisoner remove or arrange some or all of the
individual's clothing so as to permit a visual inspection of the genitals,
buttocks, anus, female breasts, or undergarment of these persons.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to practice professional
techniques in the restraint and transportation of prisoners.
B. It will be the policy of the Westlake Marshal's Office that the Town
Marshal/SRO involved in prisoner transportation will not be required to
transport more prisoners than can be safely and adequately controlled by
these officers.
C. It will be the policy of the Westlake Marshal's Office that juveniles will be
transported with the same security precautions as adults but will not be
transported in the same vehicles as adults.
IV. PROCEDURES:
A. PRISONER TRANSPORT OPERATIONS:
1. PRISONER SEARCH: Prisoners shall be searched each time they are
placed in a department vehicle fortransportation. Search procedures:
a. Focus of Search: The focus of the prisoner search should be for:
(1) Weapons;
(2) Instruments which can be used to facilitate escape;
(3) Instrumentalities of the crime;
(4) Evidence of the crime; and
(5) Contraband.
b. Search by Same Sex: Female prisoners will be searched by a
female officer from an outside public safety agency on duty or by
female detention officers. Male prisoners will be searched by a
male officer or male detention officers. If a person of the same sex
is not available, then the person may be searched by someone of
Westlake Marshal's Office
Prisoner Transport
Policy 400.01 Page 2 of 10
the opposite sex, with the exception of a strip search. Searches
(excluding strip searches) conducted, regardless of same or
opposite sex, will be captured by video camera located in the jail or
body worn camera.
c. Strip and Body Cavity Searches: May ONLY be conducted with
authorization from the Town Marshal AND the on-duty Keller Police
Department supervisor.
2. TRANSPORT VEHICLE SEARCHES: Each time a prisoner is to be
transported, the vehicle must be examined to ensure that no contraband
or similar items are present. Vehicles are not under constant security;
therefore, it is assumed that an opportunity has existed for the
introduction of contraband, weapons, or other items. Vehicles that are to
be used for transporting prisoners shall be searched prior to and
immediately after transporting any prisoners.
3. PRISONER TRANSPORT:
a. Protective Screen: Department vehicles equipped with protective
screens or shields will be the primary vehicles used for transporting
prisoners. Prisoners will be placed in the right rear seat of the vehicle,
handcuffed behind their backs, and seat belted. Generally, a single
officer will transport no more than two (2) prisoners in a screen/shield-
equipped vehicle.
4. PRISONER VISUAL OBSERVATION: The Town Marshall/SRO shall
always keep prisoners in transport under observation and should not
interrupt transport. The only exceptions are:
a. Lonq Distance Transport: In situations requiring the use of toilet
facilities in which constant observation cannot be maintained,
officers will select and search compartments prior to use by the
prisoner. The prisoner will be searched immediately after washing.
b. Assistance Durinq Transport: Only when risk to third parties is both
clear and grave and the risk to the prisoner is minimal shall an
officer stop to render assistance during a transport.
c. Detainee Safety: The Town Marshall/SRO may interrupt detainee
transport if the Town Marshal/SRO believes the detainee has
become/is becoming unsecured, has/is causing injury to
themselves, has/is causing damage to the vehicle, or needs
medical assistance.
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Prisoner Transport
Policy 400.01 Page 3 of 10
5. PRISONER COMMUNICATIONS: Prisoners will not be permitted to
communicate with anyone during transport, outside of any other person
in vehicle. The transport will not be interrupted to allow communications
between the prisoner and any other person. The prisoner will be allowed
to communicate with other persons after the transport.
6. ARRIVAL AT DESTINATION: Upon arrival at the receiving facility,
transport the Town Marshal/SRO will adhere to the following procedures
for the specific facility. The Town Marshal/SRO who transfer prisoners
are responsible for:
a. Securing of firearms. Weapons will be secured in the facility's "lock
boxes" provided for that purpose or in the trunk of a secured police
vehicle prior to entering a secured area. The transporting vehicle
will remain secured until the weapon is retrieved.
b. Removing restraining devices just prior to placing the prisoner in a
cell. Restraints will be removed by, or at the direction of the
receiving officer after the prisoner is properly controlled in a
secured area of the receiving facility.
c. Delivery of documentation to the receiving Town Marshal/SRO.
The transporting Town Marshal/SRO is responsible for the
submission of the necessary paperwork. In situations that require
it, the Town Marshal/SRO r shall ensure that proper signatures are
obtained on paperwork.
d. Communicating to the receiving agency personnel of any potential
medical, suicide, or security risks.
e. Documenting the confirmation of the transfer from one custody to
another.
7. PRISONER ESCAPES: In the event of an escape of a prisoner during
transport, the transporting officer shall cause the following actions to be
taken:
a. Notifications: The following notifications will be made as soon as
possible to the:
(1) Public Safety Dispatch Personnel;
(2) Town Marshal/SRO and Shift Supervisor of the Town the
escape occurred:
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Prisoner Transport
Policy 400.01 Page 4 of 10
(a) The Town Marshal shall notify the Court Administrator
and Town Manager/designee.
(3) Police agency of the immediate jurisdiction;
(4) Police agencies of the surrounding jurisdictions; and the
(5) Police agency in the jurisdiction of prisoner's last known
address.
b. Reports:
(1) Incident Report; and
(2) Any arrest warrants involving the escape.
c. Other Actions to be taken:
(1) Immediate attempt to apprehend; and
(2) Teletype messages to surrounding agencies pertaining to the
escape.
8. PRISONER SECURITY HAZARDS: Whenever this Westlake Marshal's
Office has knowledge or belief that a prisoner in custody is considered a
security hazard, this information shall be related to the receiving agency
personnel, when they pick up the prisoner for transport to the Tarrant
County Jail, or other agencies picking up a prisoner on their warrant.
Aspects to be taken into consideration are:
a. Escape risk/history, if any.
b. Suicide risk/history, if any.
c. Record of assaults on police officers, detention officer, etc.
d. Criminal History of crimes of violence.
e. Threats or other statements made by or against the prisoner.
B. RESTRAINING DEVICES:
1. RESTRAINING PRISONERS: The transportation of a prisoner shall be
accomplished using that degree of restraint deemed necessary by the
transporting officers to safely complete the task. Westlake Marshal's
Office has restraining devices, which may be used singularly or in
Westlake Marshal's Office
Prisoner Transport
Policy 400.01 Page 5 of 10
combination with others. Several prisoners may be restrained by
handcuffing the prisoner's hands in front and arms intertwined. No
prisoner shall be handcuffed to any outside stationary object or part of
the vehicle. The type of restraining device used in transport should be
indicated on the booking sheet or the officers report narrative. Nothing
in this directive precludes the use of handcuffs in emergency situations.
Restraining devices include:
a. Handcuffs: To be double locked.
b. Waist Chains: Chain bolt type device equipped with a standard set
of handcuffs designed to be fastened snug around the prisoner's
waist. The wrist is then handcuffed in front to prevent the prisoner
from raising their arms.
c. Leq Irons (ankle chains): Designed to restrict movement of a
prisoner's feet and legs. Leg irons should be used to restrain a
com bative or escape risk prisoner.
d. Leq Restraints: Designed to restrict movement of a prisoner's feet
and legs during transport. The practice of hog-typing (tying the
hands and feet of someone lying face down) shall not be used by
any member of this department to restrain any prisoner at any time.
(1) The leg restraint device is placed around the prisoner's legs
just above the knees and/or ankles.
(2) The prisoner's knees are moved next to the door and the
loose end is placed out the rear door. The car door is then
closed over the end of the restraint device preventing the
prisoner from moving.
e. Flex cuffs: A reinforced nylon restraint intended for use when the
supply of handcuffs is exhausted. Flex cuffs are placed on the
prisoner's crossed wrists.
2. SICK OR INJURED PRISONERS: All arrested persons being
transported in a department vehicle will have their arms restrained
behind their back. Exceptions may be made in limited situations at the
discretion of the transporting officerfor reasons, which may include:
a. Injured, crippled or incapacitated prisoner;
b. Elderly or ill prisoners arrested for minor offenses; or
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Prisoner Transport
Policy 400.01 Page 6 of 10
c. Distance to be traveled.
3. MENTALLY DISTURBED PRISONERS: Mentally disturbed prisoners
may pose a significant threat to themselves and the transporting officers.
Mentally disturbed detainees may be transported by ambulance and
restrained by non-injury causing devices, if necessary.
C. SPECIAL TRANSPORT SITUATIONS:
1. SICK, INJURED, AND DISABLED PRISONERS / DETAINEES: The
following are procedures for handling injured, disabled or sick prisoners /
detainees:
a. Sick Prisoners / Detainees: Prisoners / detainees who become ill
while in department custody will be evaluated by medical
personnel, and if necessary, transported to a medical facility for
treatment.
b. Injured Prisoners/ Detainees: Paramedics shall examine any
prisoner / detainee who is injured prior to or during an arrest
situation, or at any time while in department custody. If the subject
refuses treatment, Fire Department personnel will obtain a "refusal
of service", which includes a signature from the prisoner / detainee.
If possible, the employee should record the verbal refusal in the
booking-room, on in car camera (if equipped), and/or on their BWC.
If the employee obtains a signed refusal form provided by the city
paramedic, the form should be placed in the arrest file. Personnel
involved in any incident resulting in any injury to any person shall
report this to their supervisor and investigated / documented as
required.
c. Disabled / Physically Impaired Prisoners/ Detainees: Prisoners /
detainees with physical or mental handicaps or impairments often
need special handling techniques with which officers may not be
familiar. This unfamiliarity should be remedied before initiating
transport. Prisoners / detainees with physical handicaps may need
to be transported in vehicles other than a standard police vehicle.
Arrangements will be made to use another municipal vehicle that is
specially equipped to handle handicapped persons. The Town
Marshal/SRO must use reasonable judgement if the injury causes a
deviation from standard department handcuffing procedures and
articulate why and how they were deviated.
2. MEDICAL TRANSPORTS: It may be necessary to transport a prisoner
to the hospital or a medical care facility for treatment, examination, or
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Prisoner Transport
Policy 400.01 Page 7 of 10
admission. An ambulance will be used for the transport and an outside
public safety agency police officer will stay with the prisoner at all times,
including the time in the ambulance. When a medical transport occurs,
the following will apply:
a. Prisoner's Condition: Medical personnel will be apprised of the
prisoner's status, with prior notification if practical.
b. Prisoner Contact: Extreme caution will be taken to isolate the
prisoner from other patients and the prisoner will be monitored at all
times. The outside public safety agency police/guarding officer
should not allow visitors, including telephone contact.
c. Prisoner Restraint: Restraints will be removed only when deemed
necessary and requested by the treating medical staff.
d. Prisoner Admission: In the event of admission to the medical
facility, the police/guarding officer shall cause the notification of
their shift supervisor. The shift supervisor will make arrangements
for relief. The police/guarding officers will not leave the medical
facility until properly relieved or instructed their supervisor.
e. Prisoner Release: When released from treatment, the prisoner's
condition should be carefully recorded. All instructions for future
treatment and medication should be obtained in writing and signed
by the attending physician. The prisoner must be searched and
restrained before being transported back to this department's jail
facility.
3. TRANSPORTING PRISONERS: The following procedures will be
applied in those situations where an officer is required to transport a
prisoner:
a. The Mobile Video Recording Equipment and or Body Worn Camera
will be on during the entire transport.
b. Beqinninq: The Town Marshal/SRO will advise the Public Safety
Dispatch personnel of:
(1) Starting location;
(2) Odometer reading; and
(3) Destination.
Westlake Marshal's Office
Prisoner Transport
Policy 400.01 Page 8 of 10
c. Arrival: At the destination the Town Marshal/SRO will advise the
Public Safety Dispatch personnel of the odometer reading.
D. PRISONER TRANSPORT EQUIPMENT:
1. PRISONER TRANSPORT VEHICLE: The Town Marshal/SRO marked
vehicle are equipped with a protective screen/shield to separate the
prisoner/ detainee from the operator of the vehicle.
2. VEHICLE MODIFICATION: The Town Marshal/SRO marked vehicle
used to transport prisoners/detainees will be modified so that the
windows and doors cannot be opened from within the rear passenger
area.
E. PRISONER DOCUMENTATION:
1. PRISONER IDENTIFICATION: All prisoners/detainees transported from
one facility to another, especially those from other police agencies and
correction facilities, will be specifically identified. It is important that
when the transporting Town Marshal/SRO makes a pick-up of a
prisoner, the Town Marshal/SRO is sure that the right person is
transported. Identification procedures:
a. Photoqraph and Description: When possible the transporting Town
Marshal/SRO should have a photograph or complete description of
the prisoner to be transported, including relevant information
pertaining to marks, scars, tattoos, or fingerprint classification.
b. Known Personal Data: Prisoners will be asked their name, date of
birth, and other questions concerning personal identification and
this information will be checked against known data.
c. Other Aqency Identification: The transporting Town Marshal/SRO
should check with the detaining agency or correction facility
personnel to verify the means by which the prisoner was identified
by that agency.
d. Reasonable Doubt: When the transporting Town Marshal/SRO has
reasonable doubt as to the identity of the prisoner, the officer shall
contact the Police Department first to determine if the identity of the
prisoner can be confirmed, and second, for further instructions from
a superior officer.
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Prisoner Transport
Policy 400.01 Page 9 of 10
a. Transports: Prisoner transports from the Keller Jail or another
facility, or a prisoner pick-up from another facility, require the
following documentation:
(1) Tarrant County Sheriff's Officejail registration, as applicable.
(2) Magistrates arraignment warning.
(3) Any other confirmation holds from all agencies.
(4) Defendant's financial statement.
(5) Medical and Suicide Screening.
b. Extradition:
(1) In the event of extradition proceedings, transporting officers
going out of state should have:
(a) Governor's warrant (only if the prisoner has not waived
the right to an extradition hearing).
(b) A copy of the arrest warrant or case report.
(c) Department issued credentials.
(2) Prior to leaving with a prisoner to return to Texas, the
transporting officers must have documentation showing that a
prisoner has been properly arrested pursuant to the governor's
warrant or has executed a waiver to an extradition hearing.
3. PRISONER SECURITY INFORMATION: Special information relating to
a prisoner's escape or suicide potential, contagious or unusual illness,
medical needs and past criminal history (if known) must be made known
to the transporting Town Marshal/SRO. This information should be
documented on the transport paperwork, to be made known to receiving
officers, or Sheriff Deputies, as appropriate.
Westlake Marshal's Office
Prisoner Transport
Policy 400.01 Page 10 of 10
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COURT SECURITY
400.02
Effective Date: 03/01/2020
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures for maintaining
security in the court facility and to protect the Judge, jury, and all other
participants in the court proceedings as well as the public.
B. Responsibility:
1. The Westlake Marshal's Office is tasked with providing for the physical
security of court participants. The Marshal's Office is also tasked with
providing the personnel to ensure courtroom security measures are
followed.
2. It will be the responsibility of the Bailiff for the physical security of court
participants, escort and security of prisoners, maintaining order and
ensuring courtroom security measures are followed.
3. It will be the Municipal Judge's responsibility for the seating of court
participants and the public, and any removal of those persons who are
not authorized or interFere with the proceedings. The Municipal Judge
may also prohibit hand carried articles in the courtroom, direct the use of
physical restraints, designate high-risk trials and request additional
security, if needed.
II. DEFINITIONS:
A. BAILIFF: A person, employed by the Westlake Marshal's Office, who is
responsible for the court security function, under the direction of the Municipal
J udge.
B. COURT: All areas, rooms, spaces, interior and exterior areas of buildings
where judicial officers conduct trials, hearings, or other judicial activities.
III. POLICY:
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A. It will be the policy of the Westlake Marshal's Office that personnel assigned
to court security will maintain order and ensure the courtroom security
measures are followed.
B. It will be the policy of the Westlake Marshal's Office that personnel assigned
to court security will be provided training on security measures, carrying of
weapons, and use of restraints prior to assuming court security duties.
IV. PROCEDURES:
A. ADMINISTRATION:
1. The Town Marshal/SRO who are assigned as Bailiffs during judicial
proceedings will be designated as Bailiffs and act at the direction of the
Presiding Judge. The assignment will include physical security of court
participants, escort and security of prisoners, maintaining order and
ensuring that the courtroom security measures are followed.
2. The Town Marshal/SRO assigned as Bailiffs will work under the direction
of the presiding Judge while court is in session. The Bailiff will act as
liaison between the Municipal Judge and the department. The Bailiff will
communicate directly to the Court Administrator on matters relating to
court security.
B. OPERATIONS:
1. COURTROOM SECURITY: Appropriate levels of security should prevail
in the court facility and/or courtroom to protect the integrity of court
proceedings, to sustain the rights of individuals before it, to deter those
who would take violent action against the court or participants in court
procedures and to sustain the decorum of the court. The following
security measures will be performed:
a. The Bailiff will arrive at least thirty (30) minutes prior to the court
convening.
b. The Bailiff will make a physical inspection of the courtroom prior to
and after court, and ensure that:
(1) The courtroom, lobby and restrooms are free of weapons and
contraband.
(2) The duress alarms, court camera and intercom are in working
order. (NOTE: currently the duress alarms are not functioning)
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Po I icy 400.02 Pag e 2 of 5
(3) Restraining devices are available.
(4) All public entrances at the courtroom are unlocked and free of
obstructions.
c. The Bailiff will always remain in the courtroom unless otherwise
directed by the Municipal Judge while court is in session.
2. MEDICAL EMERGENCIES:
a. All telephone calls requesting medical or additional police
assistance will be made to 9-1-1 or direct to the Public Safety
Dispatch Center.
b. In the event of a medical emergency, the Judge may order all
proceedings stopped.
c. If the medical emergency involves a person who is in custody, the
Bailiff will maintain security and request medical assistance and
additional officers from Keller Police.
d. If the medical emergency involves a court participant or spectator,
the Bailiff will maintain security of any prisoners that are present
and provide any assistance that he/she can. The public safety
dispatch personnel will be contacted by radio.
e. If other police officers are present, the ranking Town Marshal/SRO
will assume control and direct the actions of the responding units.
f. The Bailiff will be responsible, if needed, for all reports generated
by a medical emergency.
3. FIRE EVACUATION PLAN: The courtroom fire evacuation plan will be
reviewed with court employees at least annually. The fire evacuation
plan includes:
a. All calls for fire emergencies will be made to 9-1-1 or direct to the
Public Safety Dispatch Center.
b. In the event of a fire in the courtroom, the Bailiff will assume
control.
c. Those persons present will be instructed to exit through the primary
evacuation doors at the west exit of the courtroom.
d. They will then exit the building through the main public entrance.
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e. After exiting the building, persons should be directed to the
southeast parking lot toward the parking garage.
f. Prior to court convening, the Bailiff will make a physical inspection
to ensure that all doors are open and free of obstructions.
g. A fire extinguisher will be located on the northwest wall of the
courtroom.
h. The Bailiff will be responsible for all reports generated by a fire
emergency, if applicable.
4. UNUSUAL OCCURRENCES and SPECIAL OPERATIONS PLANS:
a. In the event of an unusual occurrence, the Bailiff or ranking Town
Marshal/SRO will assume control and request additional police, fire
or medical assistance as the circumstances require. These
unusual occurrences include, but are not limited to:
(1) Bom b threats;
(2) Hostage situations;
(3) Natural disasters; and
(4) High risk trials.
b. Bomb threats will be handled mainly by the Westlake Fire
Department or mutual aid through a neighboring fire department.
Further instructions can be found in the "Courtroom Security Plan".
c. Hostage situations will be handled by the North Tarrant Regional
SWAT Team (NTR) and will be at their direction.
d. Natural disasters will be handled as described in the Town of
Westlake Emergency Management Plan.
e. Any trial designated as "high risk" by the Municipal Judge will be
monitored by the Town Marshal/SRO. If the Town Marshal/SRO
and Municipal Judge deems the "high risk" trial to be of "extreme
high risk", the Town Marshal/SRO can contact the Keller Police
Operations Commander for assistance.
5. DOCUMENTED STUDY: The Municipal Judge, Court Administration,
Town Administration, and the Town Marshal/SRO/Bailiff will meet
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annually to evaluate any plans or procedures that may need to be
addressed in regard to court security.
6. CARRYING OF WEAPONS IN THE COURTROOM: Peace officers
shall be the only person authorized to carry weapons in the courtroom.
7. RESTRAINTS ON IN CUSTODY PERSONS: All persons who are in
custody shall be restrained with handcuffs. Other restraints, such as leg
irons or handcuff belts, may be used at the discretion of the Bailiff or
responding officers in situations that may be deemed volatile. The
Presiding Judge has the discretion to modify this directive as deemed
necessary.
8. EQUIPMENT FOR COURTROOM SECURITY: The following
equipment will be accessible in case of an emergency:
a. The Municipal Judge will have access to an intercom system
located in the courtroom. This system will allow the Judge to give
notification of an emergency in the courtroom.
b. The Bailiff will be equipped with a two-way city frequency radio.
c. The courtroom is equipped with a camera, which may be
monitored.
d. A Garrett 6500i walk through metal detector and or a Garrett Super
Wand hand-held metal detector shall be utilized for any pre-trial or
trial court proceedings. ALL persons shall be searched utilizing the
walk through or the handheld metal detector prior to them being
allowed in the courtroom.
e. The Bailiff will have access to a flashlight in a case of power failure.
f. A duress alarm is installed at the Judge's bench. A duress alarm is
also installed at the Court Clerk's desk.
NOTE: See the Westlake Court Security Plan for further detailed
instructions on courtroom security. Westlake Marshal's Office
personnel are expected to adhere to this policy as well as the
Westlake Court Security Plan.
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TOWN OF WESTLAKE
RESOLUTION NO. 21-38
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS,
AUTHORIZING AN AMENDMENT TO AN INTERLOCAL AGREEMENT WITH THE
CITY OF KELLER,TEXAS,FOR POLICE SERVICES.
WHEREAS, the Town of Westlake Town Council desires to provide its residents and
businesses with full-time police protection and services;and,
WHEREAS, the parties hereto desire to amend said Agreement to continue to provide
police protection and law enforcement services at the highest level possible for both communities;
and,
WHEREAS, an Interlocal Agreement forpolice services being provided by the City of
Keller, Texas for the Town of Westlake,Texas,was approvedby Resolution 02-20; and,
WHEREAS, this Amendment shall be in conformance with Chapter 791 of the Texas
Government Code,more commonly known as the "Interlocal Cooperation Act,"; and,
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the people of Westlake.
NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town of Westlake Town Council does herby approve the
amendment to the Interlocal Agreement with the City of Keller for Police Services, attached as
Exhibit "A."
SECTION 3: If any portion of the Resolution shall, for any reason,be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without dle
invalid provisions.
SECTION 4: It is hereby declaredto be the intention ofthe Town Councilthatthephrases,
clauses, sentences,paragraphs and sections of this Resolution are severable, and if any phrase,
clause, sentence,paragraph or section of this Resolution shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remainingphrases,clauses,sentences,paragraphs and sections ofthis Resolution,
since the same would have been enacted by the Town Council without the incorporation in this
Resolution of any such unconstitutional phrase, clause, sentence,paragraph or section.
Resolution 21-38
Page 1 of 93
SECTION 5: This Resolution shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED ON THIS 25t''DAY OF OCTOBER 2021.
ATTEST: Laura Wheat, Mayor
-------------------- -------------
Todd Wood, Town Secretary Amanda DeGan,Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 21-38
Page 2 of 93
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GENERAL DEFINITIONS:
WESTLAKE MARSHAL'S OFFICE: The Westlake Marshal's Office is a state regulated law enforcemer�t
agency through the Texas Commission on Law enforcement (TCOLE). The Westlake Marshal's Office
primary purpose isjudicial security in Westlake Municipal Court and to execute all lawful purposes issued
by the Municipal Court, which includes summons, subpoenas, and traffic warrants.
KELLERPOLICEDEPARTMENT: TheKellerPoliceDepartmentisthecontractedprimarylawenforcemerit
agency for the Town of Westlake.
TOWN MARSHAL/SCHOOL RESOURCE OFFICER: The Town Marshal/School Resource Officer(SRO)
serves as the chief administrator of the Westlake Marshal's Office through TCOLE and is a state licensed
peace officeras described in the Texas Code of Criminal Procedures(CCP)2.12(Who are Peace Officers).
The Town Marshal/SRO has all the duties and powers of a peace officer as described in CCP 2.13(Duties
and Powers). The Town Marshal/SRO also serves as the school resource officer for Westlake Academy
and acts as a law enforcement liaison between Westlake Academy and the Keller Police Department.
RANKING OFFICER: The Town Marshal/SRO is the highest-ranking officer in the Westlake Marshal's
Office. The chain of command above the Town Marshal is the Court Administrator, Deputy Town Manager
and Town Manager, in that order.
LIASION: A bond or close relationship. Any form of intercommunication.
BAILIFF: A person, employed by the law enforcement agency,who is responsible for the court security
function, underthe direction of the Municipal Judge.
COURT: All areas, rooms, spaces,interior and exterior areas of buildings where judicial officers conduct
trials, hearings, orotherjudicial activities.
FORCE DEFINITIONS:
REASONABLE FORCE: The force necessary to affect the arrest, preverit the escape of,or overcome the
resistance of a person being taken into custody.
PHYSICAL FORCE: The force in excess of inere touching. The type of force that could cause injury.
DEADLY PHYSICAL FORCE: Physical force which can be reasonably expected to cause death or serious
physical injury.
NON-DEADLY FORCE: The force, which is not likely to cause death or serious physical injury.
RESPIRATORY NECK RESTRAINT: Compression of the trachea through the Town Marshal/SRO's wrist
orforearm, generating a strangulation sensation and high degrees of pain to control ordisable a person.
The respiratory restraint is considered deadlyforce.
VASCULAR NECK RESTRAINT: The application of pressure to the carotid artery,jugular vein,and/or the
side of the neck with the intent or purpose of controlling a person's movement or rendering a person
Resolution 21-38
Page 3 of 93
unconscious by constricting the flow of blood to and from the brain. The vascular neck restraint is
considered deadly force.
RESISTANCE DEFINITIONS:
PASSIVE RESISTANCE: The subject is not complying with the Town Marshal/SRO's commands and is
uncooperative but is taking only minimal physical action to prevent the Town MarshaVSRO from placing the
subject in custody and/or taking control. Examples include standing stationary and not moving upon lawFul
direction, falling limply and refusing to usetheirown powerto move(becoming `dead weighY), holding orito
a fixed object,or locking arms to another d uring a protest or demonstration.
ACTIVE RESISTANCE: The subjecYs verbal or physical actions are intended to prevent the Town
Marshal/SRO from placing the suspect in custody and/ortaking control but are not directed at injuring the
Town Marshal/SRO. Examples include walking or running away, pushing away, blocking or breaking the
Town Marshal/SRO'sgrip.
AGGRESSIVE RESISTANCE: The suspect has d isplayed or engaged in conduct likely to injure the Town
Marshal/SRO,themselves oranother person and prevent an officerfrom placing the subject in custody
and/ortaking coritrol. The suspect's actions are likelyto result in death or serious bodily injury to the Town
Marshal/SRO, themselves or another. The aggression may manifest itself through a subject taking a
fighting stance, punching, kicking, striking, attacks with weapons or other actions which present an
imminent threat of physical injury to the Town MarshaUSRO or another. These actions include the use of
a firearm, use of a blunt or bladed weapon, or extreme physical force.
IMMEDIATE DEADLY THREAT: A perceived imminentthreat in which the Town Marshal/SRO reasonably
believes that they may use deadly force or the threat of deadly
force, in orderto prevent serious bodily injury ordeath to them self oranother, and in accordance with
Chapter 9 of the Texas Penal Code.
IMMEDIATE THREAT: A perceived imminentthreat in which the Town Marshal/SRO believes that they
may use force or the threat of force, in order to prevent bodily injury to them self or another, and in
accordance with Chapter 9 of the Texas Penal Code.
REASONABLE BELIEF DEFINITIONS:
REASONABLE BELIEF: Facts or circumstances that would induce a reasonably intelligent and pruderit
person to believe that the facts and circumstances are as they appear.
OBJECTIVELY REASONABLE: The reasonableness of the Town Marshal/SRO's use of force is based
upon the totality of the circumstances known by the Town Marshal/SRO at the moment the force is used,
and the officer's recovery time based on the suspecYs action(s). The Town Marshal/SRO will consider the
severity of the crime an issue, whetherthe suspect poses an immediate threat to the safety of the Town
Marshal/SRO or others, and whether the suspect is actively resisting arrest or attempting to flee. This
standard is based on what a reasonable Town Marshal/SRO would do under similar circumstances.
INJURY DEFINITIONS:
INJURY: Damage to a person; harm; wound; pain.
BODILY INJURY: Physical pain, illness or any impairment of physical condition.
SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death orthat causes death,
serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or
organ.
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Page 4 of 93
WEAPON POSITION DEFINITIONS:
HOLSTERED/ SECURED: Weapon is secured within the Town Marshal/SRO's holster and under the
Town Marshal/SRO's immediate control.
UN-HOLSTERED/SUL: WeaponisheldbytheTownMarshal/SROpointedtowardsthegroundandinside
a circular area about a yard in diameter inside of which the Town Marshal/SRO is standing or sitting. The
muzzle/weapon is not pointed at any person.
READY: Weapon is held so that the muzzle/weapon is pointed forward of the Town Marshal/SRO,but
the muzzle / weapon is not intentionally pointed at any person. With firearms: the safety is on and the
triggerfinger is outside of the trigger guard;there is no immediatedeadlythreat but the Town MarshaVSRO
reasonably believes they may encounter an immediate deadly threat;ready position is also used after an
immed iate deadly threat is over(scanning)or when the Town Marshal/SRO is relatively sure the immediate
deadlythreathaspassed. Forotherweapons: thereisnotanimmediatethreat,buttheTownMarshaVSRO
reasonably believes they may encounter an immediate threat; ready position is also used after an
immed iate threat is over(scanning)or when the Town Marshal/SRO is relatively sure the immediate threat
has passed. This position reduces reaction time and the Town Marshal/SRO is prepared to instaritly
respond to an immediate threat or immediately deadly threat.
ON-THREAT: Weapon is held so that the muzzle is pointed at a person reasonably perceived to be an
immediate deadlythreat orthe weapon is pointed at a person reasonably perceived to be an immediate
threat. Forfirearms, the safety remains on while the triggerfinger is outsidethe trigger guard unless the
officer is intending to immediatelyfire theirweapon;for less lethal shotguns the safety can be off.
CRITICAL INCIDENT DEFINITIONS:
IN-CUSTODY DEATH: The death of an individual while in custody orwhile attempts to effect custody are
being made.
INVOLVED EMPLOYEE(S): Unless otherwise indicated, refers to those personnel who are d irectly
involved in the incident by actions or as a direct witness to the events.
OFFICER INVOLVED SHOOTING: A discharge of a firearm by an officer during a hostile encounter,
while on-duty or off-duty, irrespective of injuries to suspects,officers, or third parties.
SERIOUS USE OF FORCE: Any use of force/response to resistance in an official capacity that results,or
is reasonably likelyto result,in death, permanentorsubstantial injury, loss of any body partorfunction, or
permanent disfigurements.
CRIMINAL INVESTIGATOR: A detective or command level officer of a neighboring department or an
investigator from another agency tasked with conducting a criminal investigation of the employee critical
incident.
EMPLOYEE CRITICAL INCIDENT: An inciderit where an employee's actions, involvement in a traffic
collision in an official capacity results in serious bodily injury or death of another person,or serious use of
force,whether intentionally or unintentionally,or any officer involved shooting.
FIREARM/AMMUNITION DEFINITIONS:
AMMUNITION: The projectiles, along withtheirfuses or primers that can be fired from a firearm.
FIREARM: A weapon capable of firing a missile by using an explosive charge as a propellant.
LESS LETHAL WEAPON: Those weapons issued by this Department to be used in an escalation of
force.
Resolution 21-38
Page 5 of 93
LESS LETHAL IMPACT MUNITIONS: Those munitions which can be fired, launched or otherwise
propelled forthe purpose of encouraging compliance,overcoming resistance or preventing serious injury
without posing a significant potential of causing death.
PURSUIT DEFINITIONS:
PURSUIT: Refers to an attempt by a police officer operating an emergency vehicle to apprehend one or
more occupants of another moving motor vehicle, in which the driver of the fleeing vehicle intentionally
ignored the officer's signal and attempts to avoid apprehension.
AN ATTEMPTTO STOP: Refers to the reasonable effort by an officer operating an authorized
emergency vehicle to communicate to the occupants of another moving motor vehiclethe intent of
conducting a traffic or investigative stop. When it becomes clear to the officer that the suspect(s)do not
intend to stop due to rapidly increasing speed and/or driving recklessly as to endanger the safety of
others, the incident will be considered a pursuit situation. The test of how much time and effort is
reasonable depends on road conditions,violators'driving behavior,weather, time of day, etc. All
violations should justify an attempt to stop if it is safe and reasonable to do so.
FELONY: A crime that is punishable under the Texas Penal Code by death or corifinement in a
penitentiary for life or confinement not more than 99 years or corifinement not less than 180 days.
DIGITAL RECORDING DEFINITIONS:
BODY WORN CAMERA(BWC�: Any device that can be worn on the body and capture digital multimedia
evidence.
IN-CAR VIDEO CAMERA SYSTEMS: Any device attached to a police vehicle which captures digital
multimedia evidence.
MOBILE DIGITAL RECORDING (MDR�: An electronic recording device(in carvideo camera system or
bodyworn camera)that is capable of making a video and/or audio recording of interaction between
department personnel and the public. The recording is stored digitally.
PRIVATE SPACE: A location in which a person has reasonable expectation to be safe from uninvited
intrusion or surveillance but does not include a placeto which the public has lawful access.
EMERGENCY RESPONSE DEFINITIONS:
CODE THREE: Proceed with haste, using emergency equipment lights and siren constaritly. Speed
shall be governed by conditions, safety to others,and restrictions established by State law.
VEHICLE APPREHENSION DRIVING: Acceleration of a police vehicle in an effortto make contactwith
violator's vehicle and insure the d river is properly notrfied that a police officer req uires the violator vehicle
to stop.
PURSUIT DRIVING: The d river of a vehicle is aware that an officer driving a police vehicle with
emergency lights and siren is attempting to apprehend him or her and the driver of this vehicle attempts
to avoid apprehension by increasing speed ortaking otherevasive actions.
EMERGENCY CALL: Calls involving imminent threatto life;calls indicating serious injury,orwhich may
jeopardize human life. Use of Code Three response is permitted.
NON-EMERGENCY CALL: Calls of a non-life-threatening nature. Normal driving behavior is to be
f o I lowed.
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Page 6 of 93
RAPID RESPONSE DEFINITIONS:
ACTIVE SHOOTER: One or more subjects who participate in a random or a systematic homicidal spree
by demonstrating their intent to continuously harm others. The subject's overriding objective appears to
be mass murder ratherthan other criminal conduct,such as robbery, hostage taking, etc. Forthe
purpose of this policy, the term"active shooter"will also include anyone who uses any other deadly
weapon (knife,club,bow and arrow,explosives,etc.)to systematically or randomly inflict death or serious
bodily injury on others over a continuous or extended period of time.
ACTIVE TERRORISM: An activity that involves an act dangerous to human life or that is potentially
destructive to critical infrastructure or key resources,is a violation of the criminal law,and is intended to
intimidateorcoerce the civilian population; irifluence a government;oraffectthe conductof a government
by mass destruction, assassination,or kidnapping.
BARRICADED PERSON: A situation in which a person(s)who is armed or believed to be armed,
suicidal,or mentally unstable resists being taken into custody by barricading himself in a room, building or
other location.
CONTACT TEAM: An officer or g roup of officers who are the first line of police response in a rapid
response event. Contact teams move quickly through unsecured areas bypassing the dead,wounded,
and panicked citizens with the goals of locating, isolating,and neutralizing the active threat. The optimal
number of officers for a contact team is four(4).
DIRECTTHREAT/ HOT ZONE: Any area of operation in which there is a direct and immediate threatof
serious bodily injury or death to citizens and first responders.
EVACUATION AREA/COLD ZONE: Any area of operation in which there is not a significant threat to
citizens orfirst responders.This area will include but not limited to Command, Fire/EMS personnel, Police
support,and medical services.
EVACUATION TEAM: The final line of police response in a rapid responseevent whose goal is to control
the removal of innocerit parties to pre-designated safe areas when the threat(s)are contained or
eliminated.
HOSTAGE INCIDENT: A situation in which a person(s)holds another person(s)againsttheirwill by
force,threat or violence,and law enforcement officials are present at the scene attempting to obtain the
release of the hostage.
INDIRECT THREAT/WARM ZONE: Any area of operation in which there is a potential threatto citizens
and first responders but the threat has been mitigated by the tactical deployment of personnel and
equipment.
PERIMETER TEAMS(INNER AND OUTER�: The third line of police response in a rapid response event
whose goal is to shrink the perimeters,provide a safe area for the evacuation of injured,cut off suspect
escape routes,and allow for the evacuation of a portion of the building.
RAPID RESPONSE: The swift and immediate deployment of law enforcement resources to an on-going,
life threatening situation where delayed deployment could otherwise result in death or serious injury to
innocent persons.
RESCUE TASK FORCE(RTF�: A minimum of 2 Officers and 2 EMS whose sole responsibility is to treat
wounded and coordinate casualty evacuation. The rescue task force will work in coordination with
incident command and will notoperate in a DirectThreat/ Hot Zonearea.
RESCUE TEAM: The second line of police response in a rapid response event whose goals are to locate
injured, provide immediate treatment,triage, and evacuation if necessary. If corifronted by an active
threat they will respond as a contact team. The rescue team will consist of at least four(4)officers.
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TACTICAL EMERGENCY CASAULTY CARE(TECC�: The delivery of trauma care in a high threat pre-
hospital environment.
MENTAL HEALTH DEFINITIONS:
MENTAL ILLNESS: Any of various conditions characterized by impairment of an ind ividual's normal
cognitive, emotional, or behavioral functioning,and caused by social, psychological, biochemical, genetic,
orotherfactors, such as infection or head trauma.
EMERGENCY ADMISSION: Astatutorily prescribed process performed by a peace officerwho has
reason to believe that a person is mentally ill and is likely to injure himself or others if not immediately
restrained. The officer may then take such person into custody and immediately transport such person to
the nearest appropriate hospital fortemporary detention and evaluation.
MY HEALTH MY RESOURCES(MHMR�: An independent local entity that provides services to persons
with mental illness, intellectual d isabilities,addictive behavior, and early childhood development delays.
In addition, MHMR provides crisis intervention, case management, vocational and residential services,
supported employment, drug abuse, inpatient and outpatient services,family support, physical therapy,
and homeless outreach.
PRISONER AND TRANSPORT DEFINITIONS:
HANDICAPPED PRISONER: A person with an anatomical,physiological or mental impairment that
hinders mobility.
PRISONER: A person who has been arrested and taken into custody.
RESTRAINING DEVICES: Equipmerit that is used to restrain the movement of the prisoner, such as
handcuffs, waist chains, or ankle chains.
SECURITY HAZARDS: Any threat to the security of the prisoner, to the facility in which he/she is held, or
to others with whom the prisoner may come into contact.
STRIP SEARCH: Having a prisoner remove or arrange some or all of the individual's clothing so as to
permit a visual inspection of the genitals,buttocks, anus, female breasts, or undergarment of these
persons.
OTHER DEFINITIONS:
FELON: A suspect that the Town Marshal/SRO has probable cause to believe has committed or is
committing a crimethat is punishable undertheTexas Penal Code bydeath orconfinementin a penitentiary
for life or confinement not more than 99 years or confinement not less than 180 days.
IMMINENT: Near at hand; close ratherthan touching; on the point of happening, ready to take place.
LAST RESORT: In situations in which deadlyforce is permissible it should be used only when any other
alternative would be impractical or ineffective.
PROBABLE CAUSE: Facts or circumstances that are more than mere suspicion which would lead a
reasonable, intelligent and prudent person to believe that a crime is about to be, is being or has been
committed.
DE-ESCALATION: Taking action or communicating verbally or non-verbally during a potential for�e
encounter in an attempt to stabilize the situation, gain voluntary compliance, and reduce the immediacy of
the threat so that more time, options,and/or resources can be called upon to resolve the situation without
the use of force or with a reduction in the force necessary.
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COMPLIANCE: Actions from a person who acknowledges direction or lawful orders given and offers no
resistance,agrees to a particular action or request without being forced to.
BIASED POLICING OR ENFORCEMENT: The selection of an individual(s)forenforcementaction based
in whole or in part on a trait common to a group, without actionable intelligence to support consideration of
that trait. This includes, but is not limited to, race, ethnic background, national origin, gender, sexual
orientation/ider�ity, religion, economicstatus, age, cultural group, immigration status, disability, housing
status, occupation, language fluency or any other identifiable characteristics.
RACE or ETHNICITY: Means of a particulardescent, including, but not limited to, Caucasian, African,
Hispanic,Asian, or Native American descent.
RETIRED PEACE OFFICER: As permitted by Government Code 411.199, a person who is licensed as a
peace officer under Chapter 415 and who has been employed full-time as a peace officer by a law
enforcement agency may apply for a certificate under this subchapter at any time after retirement.
HONORABLY RETIRED PEACE OFFICER: is defined as an officerofthe Westlake Marshal's Office
who retired with a minimum of 10 years of service as a commissioned and licensed peace officer who:
had no disciplinary action pending;who did not retire in lieu of disciplinary action; who has no criminal
charges pending;who did not retire in lieu of any criminal charges;and,who has no disciplinary action
contemplated ortaken against a Peace Officer License bythe Texas Commission on Law Eriforcement
(TCOLE).
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RESPONSE TO RESISTANCE
100.01
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy, establish procedures, and to make the rules and
regulations that govern the use of deadly and non-deadly force by personnel at
the Westlake Marshal's Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to follow the
procedures and to study, understand, and adhere to the rules and
regulations addressed in this General Order.
Resolution 21-38
Page 9 of 93
2. It will be the responsibility of the Town Marshal/SRO, prior to being
authorized to carry any weapon governed by this policy, to have received,
instructed and acknowledge in writing, the entire contents of the policy.
The issuance and instruction of the policy will be documented by the Court
Adm inistrator.
3. It will be the responsibility of the Court Administrator to conduct instruction
of this directive and to test the knowledge of all affected personnel at least
once a year.
II. DEFINITIONS:
A. FORCE DEFINITIONS:
1. REASONABLE FORCE: The force necessary to affectthe arrest, prevent
the escape of, or overcome the resistance of a person being taken into
custody.
2. PHYSICAL FORCE: The force in excess of inere touching.
3. DEADLY PHYSICAL FORCE: Physical force which can be reasonably
expected to cause death or serious physical injury.
4. NON-DEADLY FORCE: The force, which is not likely to cause death or
serious physical injury.
B. RESISTANCE DEFINITIONS:
1. PASSIVE RESISTANCE: The subject is not complying with the Town
Marshal/SRO's commands and is uncooperative but is taking only minimal
physical action to prevent the Town Marshal/SRO from placing the subject
in custody and/or taking control. Examples include standing stationary and
not moving upon lawful direction, falling limply and refusing to use their
own power to move (becoming `dead weight'), holding onto a fixed object,
or locking arms to another during a protest or demonstration.
2. ACTIVE RESISTANCE: The subject's verbal or physical actions are
intended to prevent the Town Marshal/SRO from placing the suspect in
custody and/or taking control but are not directed at injuring the Town
Marshal/SRO. Examples include walking or running away, pushing away,
blocking or breaking the Town Marshal/SRO's grip.
3. AGGRESSIVE RESISTANCE: The suspect has displayed or engaged in
conduct likely to injure the Town Marshal/SRO, themselves or another
person and prevent an officer from placing the subject in custody and/or
taking control. The suspect's actions are likely to result in death orserious
bodily injury to the Town Marshal/SRO, themselves or another. The
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Page 10 of 93
aggression may manifest itself through a subject taking a fighting stance,
punching, kicking, striking, attacks with weapons or other actions which
present an imminent threat of physical injury to the Town Marshal/SRO or
another. These actions include the use of a firearm, use of a blunt or
bladed weapon, or extreme physical force.
4. IMMEDIATE DEADLY THREAT: A perceived imminent threat in which
the Town Marshal/SRO reasonably believes that they may use deadly
force or the threat of deadly force, in order to prevent serious bodily injury
or death to them self or another, and in accordance with Chapter 9 of the
Texas Penal Code.
5. IMMEDIATE THREAT: A perceived imminent threat in which the Town
Marshal/SRO believes that they may use force or the threat of force, in
order to prevent bodily injury to them self or another, and in accordance
with Chapter 9 of the Texas Penal Code.
C. REASONABLE BELIEF DEFINITIONS:
1. REASONABLE BELIEF: Facts or circumstances that would induce a
reasonably intelligent and prudent person to believe that the facts and
circumstances are as they appear.
2. OBJECTIVELY REASONABLE: The reasonableness of the Town
Marshal/SRO's use of force is based upon the totality of the
circumstances known by the Town Marshal/SRO at the moment the force
is used, and the officer's recovery time based on the suspect's action(s).
The Town Marshal/SRO will consider the severity of the crime an issue,
whether the suspect poses an immediate threat to the safety of the Town
Marshal/SRO or others, and whether the suspect is actively resisting
arrest or attempting to flee. This standard is based on what a reasonable
Town Marshal/SRO would do under similar circumstances.
D. INJURY DEFINITIONS:
1. BODILY INJURY: Physical pain, illness or any impairment of physical
condition.
2. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk
of death or that causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of any bodily member or
organ.
E. OTHER DEFINITIONS:
1. FELON: A suspect that the Town Marshal/SRO has probable cause to
believe has committed or is committing a crime that is punishable under
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the Texas Penal Code by death or confinement in a penitentiary for life or
confinement not more than 99 years or confinement not less than 180
days.
2. IMMINENT: Near at hand; close rather than touching; on the point of
happening, ready to take place.
3. LAST RESORT: In situations in which deadly force is permissible it should
be used only when any other alternative would be impractical or
ineffective.
4. PROBABLE CAUSE: Facts or circumstances that are more than mere
suspicion which would lead a reasonable, intelligent and prudent person
to believe that a crime is about to be, is being or has been committed.
5. RESPIRATORY NECK RESTRAINT: Compression of the trachea
through the Town Marshal/SRO's wrist or forearm, generating a
strangulation sensation and high degrees of pain to control or disable a
person. The respiratory restraint is considered deadly force.
6. VASCULAR NECK RESTRAINT: The application of pressure to the
carotid artery, jugular vein, and/or the side of the neck with the intent or
purpose of controlling a person's movement or rendering a person
unconscious by constricting the flow of blood to and from the brain. The
vascular neck restraint is considered deadly force.
7. RAPID RESPONSE: The swift and immediate deployment of law
enforcement resources to an on-going, life threatening situation where
delayed deployment could otherwise result in death or serious injury to
innocent persons.
8. DE-ESCALATION: Taking action or communicating verbally or non-
verbally during a potential force encounter in an attempt to stabilize the
situation, gain voluntary compliance, and reduce the immediacy of the
threat so that more time, options, and/or resources can be called upon to
resolve the situation without the use of force or with a reduction in the
force necessary.
9. COMPLIANCE: Actions from a person who acknowledges direction or
lawful orders given and offers no resistance, agrees to a particular action
or request without being forced to.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Officethat the Town Marshal/SRO
will only use reasonable force to accomplish lawful objectives.
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B. It will be the policy of the Westlake Marshal's Office that the rules and
regulations that follow will be strictly enforced.
C. It will be the policy of the Westlake Marshal's Officethat, because of the danger
to innocent bystanders, warning shots are never to be fired.
D. It will be the policy of the Westlake Marshal's Office that when the Town
Marshal/SRO injure a subject, by use of lethal, less lethal or other use of force
incidents, or the subject reports injury after a use of force incident, the Town
Marshal/SRO's primary responsibility to render first aid and obtain medical
assistance as soon as possible.
E. It will be the policy of the Westlake Marshal's Officethat the Court Administrator
shall provide instruction of this directive and to test the Town Marshal/SRO's
knowledge at least once a year to ensure that the Town Marshal/SRO fully
comprehends this order.
IV. PROCEDURES:
A. FORCE SPECTRUM: The term "force spectrum" represents a system of
available options and tools that the Town Marshal/SRO can use given the
totality of the circumstances that they are faced with at the given moment they
decide to use force based on the Town Marshal/SRO's ability to respond to
change as dictated by the suspect. The Town Marshal/SRO's response to a
suspect(s)'s actions are not limited to those articulated or illustrated in this
General Order.
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Totality of Circumstances
Physical Verbal Hand
Presence Persuasion OC Spray Control
Techniques
Intermed iate Dead ly
(Impact) Force
Weapons
Personnel make decisions about the These actions are not a continuum
level of force to use given the totality of proceeding from a lower level to a
the circumstances which are aware to higher level of force. Personnel act
the employee at the moment the and respond based upon their
decision must be made. perceptions of the situation.
FORCE SPECTRUM
B. USE OF FORCE OPTIONS:
1. Physical Presence:
a. Physical Presence is the identification of authority.
b. It is accomplished through the Town Marshal/SRO's appearance at
a situation. This may also include the presence of back-up unit.
2. Verbal Persuasion:
a. Verbal persuasion is verbal commands from the Town Marshal/SRO
to a person to gain voluntary compliance.
b. It is accomplished through the Town Marshal/SRO's dialogue with a
subject, resulting in the Town Marshal/SRO controlling the subject
and/or situation.
3. Oleoresin Capsicum (OC) Spray:
a. The Town Marshal/SRO must complete an approved OC Spray
training course and only then, will be issued and allowed to carry and
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use this less-lethal option. OC will be used in accordance with this
instruction.
b. OC may be used when force is necessary to subdue individuals who
are exhibiting passive, active or aggressive resistance to the Town
Marshal/SRO's physical presence and/or verbal commands,
depending on the totality of the circumstances.
c. OC may be used for crowd control and/or riot situations.
d. OC agents should not be used on a properly restrained prisoner
unless the prisoner is presenting an immediate danger to themselves
or others.
e. When the subject has been secured and resistance has ceased, the
Town Marshal/SRO should make every reasonable effort to relieve
the discomfort of the subject and any affected bystander. If
conditions permit, clean water may be used to flush the eyes and
other affected parts. If no water is available, fresh moving air and
the body's natural actions may dissipate the discomfort. On all
incidents where O.C. spray is used on any offender; the paramedics
must be notified. If the subject continues to have discomfort after
forty-five minutes, the subject should seek medical attention.
4. Hand Control Techniques:
a. Hand Control Techniques include, but are not limited to, joint locks,
pressure points, strikes/distraction techniques, as taught in
accordance with recognized methods to gain compliance and control
with both combative and noncompliant people.
b. When confronted with a situation which may necessitate the use of
physical force, consideration must be given to calling for additional
personnel prior to contact.
5. Expandable Baton (ASP-Armament System and Procedure):
a. The expandable baton is classified as a "deadly weapon" under
Texas Penal Code 1.07 (17) because the potential for serious bodily
injury exists.
b. The expandable baton may be used to deter persons engaged in
riotous conduct.
c. The expandable baton, when properly used, is capable of delivering
extremely powerful blows to stun and incapacitate an aggressive
opponent displaying aggressive resistance.
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d. The expandable baton is capable of delivering lethal or permanently
disabling blows. Blows to the head, throat, neck, chest cavity, groin
or kidney must be avoided unless the officer perceives that level of
threat.
e. The Town Marshal/SRO will only carry an approved ASP baton
(black or chrome in finish, 7", 9", or 10" collapsed, and 21", 26" or 31"
expanded. The Town Marshal/SRO is excluded from carrying the air
weight model or any other similar model that has a reduced weight)
and the weapon shall not be altered in any way.
f. The Town Marshal/SRO must be trained and demonstrate
proficiency to utilize the expandable baton, and must successfully
complete retraining at least annually to continue to use the
expandable baton.
6. Electronic Controlled Weapon (ECW):
a. Consistent with this department's policy of using only the level of
force reasonable and necessary to control or otherwise subdue
violent or potentially violent individuals, the department authorizes
the use of the ECW by the Town Marshal/SRO. The primary purpose
for employing the ECW is to protect human lives and prevent injury
to the Town Marshal/SRO and citizens. The Town Marshal/SRO,
authorized to carry ECWs and use force when necessary, shall
become familiar with the following guidelines for the ECW.
b. Training: The ECW shall only be carried and/or used when the Town
Marshal/SRO has successfully completed the department's training
on the ECW. This training will be conducted by a Certified ECW
instructor. All uses of the ECW shall be in compliance with the
department training and applicable use of force policies. In order to
maintain certification for the use of the ECW,the Town Marshal/SRO
must successfully complete an annual refresher course.
c. Use: The ECW is programmed to deliver a five(5) second electrical
pulse. The Town Marshal/SRO may cause additional five second
pulses to be delivered should it be necessary to control the targeted
individual. The probes or wires should not be touched during this
period, as the person touching the probes or wires could receive a
portion of the electrical pulse.
1. The Town Marshal/SRO will, if feasible, give the subject a verbal
warning before using the ECW. The warning should be an
explicit statement such as "Stop, get on the ground, or you will be
Tased." The Town Marshal/SRO will also announce to cover
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additional personnel that the ECW is being deployed whenever
possible.
2. The ECW should be targeted as designated in training and
considering the totality of the circumstances. The face, neck and
groin should be avoided if at all possible.
3. The ECW has the ability to ignite flammable liquids. It will not be
deployed at subjects who have come into contact with
flammables or in environments where flammables are obviously
present. Never deploy the ECW in highly flammable
environments such as methamphetamine labs.
4. Careful consideration should be given in deploying the ECW on
subjects who are in elevated positions or in other circumstances
where a fall may cause substantial injury or death (i.e. subjects
on roof tops, on stairs, or pregnant woman).
5. The ECW shall never be used punitively or for the purpose of
coercion.
6. The ECW is a use of force and is to be used only when necessary
to overcome resistance while affecting an arrest, preventing an
escape, in self-defense, or in defense of another person from
physical harm, and in accordance with this department's use of
force policy.
d. The Town Marshal/SRO discharging the ECW shall:
1. Advise dispatch that a subject has been tased.
2. Request Keller Police respond to the scene.
3. Request an EMS unit respond to the scene.
4. Record the serial number on the ECW that was used.
5. The expended cartridge, probes, wires, and blast doors will be
collected and booked into evidence in accordance with current
ECW evidence collection practices. In an event where death or
serious physical injury has occurred involving the use of the
ECW, all ECW related items should remain in place when
possible for investigative purposes.
e. Persons subjected to the ECW shall be examined by EMS personnel
once in custody. If the probes penetrate the skin of the subject, the
EMS personnel will determine if they can safely remove the probes
on scene, or if the individual should be transported to hospital for the
Resolution 21-38
Page 17 of 93
removal. If the subject is transported to a hospital, the officer shall
obtain a medical release from the hospital before transporting the
subject to a detention facility. Probes that lodge in the skin shall be
considered a biohazard. All fired probes shall be retained as
evidence after being properly packaged as a biohazard if applicable.
f. Reporting: Any time the ECW is deployed, and the probes strike a
person, or when the ECW has been used in the drive stun mode on
a person, the ECW use shall be documented using the Supervisory
ECW Use Report Form. The Town Marshal/SRO discharging the
ECW shall be responsible for ensuring that the Supervisory ECW
Use Report Form is completed. Any time the ECW is deployed and
the probes strike a person, or when the ECW has been used in the
drive stun mode on a person, the Town Marshal/SRO deploying the
ECW will be responsible for downloading the deployment data using
the procedure established. This procedure will serve as a record of
the ECW use and may be used to diagnose any problems related to
the ECW equipment or the actual deployment of the ECW.
7. Respiratory Neck Restraints:
a. The respiratory neck restraint can incapacitate an aggressive person
and is considered deadly force.
b. This neck restraint compresses the trachea through the Town
Marshal/SRO's officer's wrist or forearm, generating a strangulation
sensation and high degrees of pain.
8. Firearms:
a. This policy permits the drawing or displaying of firearms when:
(1) The Town Marshal/SRO, in the exercise of sound judgement,
has reason to fear for their own personal safety and/or the
safety of others. This includes, but is not limited to: the search
of a building for a burglar, a robbery in progress, felony traffic
stop, etc.; or
(2) The offender is suspected of having a deadly weapon in his
possession and such suspicion is based upon facts and
circumstances which would normally and reasonably lead one
to suspect the offender has a deadly weapon. The intent of this
provision is to permit the Town Marshal/SRO to protect
themselves and others and to avoid the necessity of the Town
Marshal/SRO actually having to use a firearm because the
advantage rests with the Town Marshal/SRO holding their
weapon.
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(3) The muzzle of a firearm should never be intentionally pointed at
any person unless the Town Marshal/SRO reasonably
perceives the person to be an immediate deadly threat. The
Town Marshal/SRO's finger should never be in the trigger guard
unless the Town Marshal/SRO is intending to immediately fire
the weapon.
b. The discharge of firearms by department is permitted only under the
following circumstances:
(1) Authorized use of deadly physical force as described in this
general order.
(2) Participation in official approved training programs or exercises,
or competitive match shooting.
(3) To kill an animal which presents an immediate physical threat
to the officer or another person.
(4) To kill an animal which is so badly injured that humanity
demands its immediate removal from further suffering, provided
that every reasonable effort has been made to obtain
assistance from an Animal Control Officerand authorization has
been received from the Town Marshal/SRO.
V. RULES AND REGULATIONS:
A. NON-DEADLY FORCE:
1. The Town Marshal/SRO are authorized to use reasonable and necessary
force when they reasonably believe that force is justified to maintain the
safety and security of the suspect, the Town Marshal/SRO or the public
without unreasonably endangering the public or themselves.
2. The Town Marshal/SRO are authorized to use departmentally approved,
non-deadly force techniques and issued equipment on which they have
been trained to:
a. preserve the peace or to prevent the commission of offenses, suicide
or serious bodily injury;
b. to make a lawful arrest and/or search, or overcome resistance to a
lawful arrest and/or search, and/or prevent an escape from custody;
Resolution 21-38
Page 19 of 93
c. to defend the public or the Town Marshal/SRO against the unlawful
violence to his/her person or property;
d. bring an unlawful situation safely and effectively under control;
and/or
e. subdue vicious animals.
B. DEADLY FORCE:
1. The Town Marshal/SRO is justified in employing deadly physical force
only when the Town Marshal/SRO reasonably believes that such force is
necessary to:
a. Defend the Town Marshal/SRO or a third person from the use of, or
the imminent use of, deadly physical force.
b. Effectthe arrest of, or prevent the escape from custody of, a person
the Town Marshal/SRO reasonably believes has committed a felony
which involved the infliction, or threatened infliction, of serious
physical injury; and the officerreasonably believes this person poses
a significant threat of death or serious bodily injury to the Town
Marshal/SRO or other persons if allowed to escape.
c. Where feasible, the Town Marshal/SRO has given verbal warning of
intent to use deadly physical force.
C. FORCE: The force used shall be no greater than is necessary and reasonable
to attain lawful objectives. The amount and degree of force which may be
employed will be determined by the totality of the circumstances including, but
not limited to:
1. The nature of the offense;
2. The behavior of the subject against who force is to be use (verbal
dialogue, physical resistive actions, aggressive acts, etc.);
3. Age and physical conditions of the subject and officer;
4. Physical and environmental conditions at the scene;
5. Feasibility or availability of alternative actions.
D. WEAPONS: No weapon should be brandished as a threat unless its actual use
in the situation would be proper. This does not prohibit the Town Marshal/SRO
from having a weapon readied when it is anticipated that a weapon may be
required.
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Page 20 of 93
E. MEDICAL AID: After any use of force or apprehension where the person is
injured, complains of injury, or an injury is suspected, first aid shall be provided
to the injured person when it is safe to do so. The Town Marshal/SRO shall
summon EMS personnel to the scene and continue to render first aid to the
best of their ability.
F. PROHIBITIONS: This General Order specifically forbids:
1. Firing of firearms or use of any Deadly Force in situations where the use
of Deadly Force is not authorized by this General Order.
2. The pointing of a firearm at a suspect known to be unarmed, and who is
not an immediate danger to the Town Marshal/SRO or others.
3. Vehicular roadblocks/barricades: The employment of a vehicular
roadblock or barricade must be considered a force likely to result in death
or serious bodily injury and are prohibited by this department.
4. Use of Police Vehicles as a Weapon: Personnel shall not attempt to
deliberately collide with or pull in front of vehicles. An exception to this
provision occurs in a Rapid Response incident or when the Town
Marshal/SRO is in pursuit of a known and dangerous fleeing felon(s) who,
if allowed to escape, could create a substantial risk to another person of
being killed or seriously injured.
5. Shooting at Vehicles:
a. Deadly force is permissible only when deadly force is necessary and
reasonable according to this General Order and the Texas General
Statutes.
b. At no time will the Town Marshal/SRO intentionally place themselves
in the direct path of an oncoming vehicle in order to justify the use of
deadly force.
c. Attempting to deflate vehicle tires with a firearm is only permissible
in a Rapid Response incident where a vehicle is being used to cause
mass casualties.
d. The Town Marshal/SRO operating a motor vehicle in pursuit is not to
fire under any circumstances while driving at high speeds.
6. Firing warning shots.
7. Discharging a firearm or the use of any deadly force to protect property
interests.
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G. TRAINING:
1. All training and proficiency will be documented and conducted by
instructors having the appropriate certification for the weapon or tactic.
2. The Town Marshal/SRO must successfully complete training and
demonstrated proficiency specific to each weapon, Vascular Neck
Restraints, and Respiratory Neck Restraints are authorized to carry/use
the weapon or tactic. This includes initial certification and recertification.
3. At least annually, the Town Marshal/SRO authorized to use a weapon will
be retrained in the proper use of that weapon and demonstrate
proficiency. This includes OC Spray, ECW, expandable baton, and
firearms. Firearms specifications, training and qualifications are covered
under General Order 100.03 Firearms, Weapons, and Ammunition.
4. At least annually, the Town Marshal/SRO who is authorized to use
weaponless control techniques/defensive tactics (including vascular and
respiratory neck restraints) will be retrained in the proper use and
techniques of the tactics and demonstrate proficiency.
5. At least annually, the Town Marshal/SRO will be trained and tested on this
General Order by the Court Administrator.
RESPONSE TO RESISTANCE REPORTING
100.02
Effective: 10/25/21
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy in the review and reporting process for the use of
force or the discharge of a firearm involving the Town Marshal/SRO.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to report the use of
force that results in injury or death and/or the discharge of a firearm
immediately to the Town Manager/designee.
2. It will be the responsibility of the Town Marshal/SRO or Court
Administrator and Town Manager/designee if the Town Marshal/SRO was
involved, to determine if a violation of state law or departmental policy has
occurred and this must be reported to the Town Manager. An outside
police agency will be used to determine if there was a violation of state
law if the Town Marshal/SRO was involved.
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3. It will be the responsibility of the Court Administrator and Town
Manager/designee to determine what disciplinary action will be taken
against the Town Marshal/SRO if determined to have violated state law or
departmental policy.
4. It will be the responsibility of the Town Manager/designee to conduct an
analysis of the reports generated by discharges of firearms and uses of
force to determine if there is a need for additional training or a change in
policy.
5. It will be the responsibility of the Town Marshal/SRO in concurrence with
the Town Manager/designee to report incidents of Peace Officer Involved
Injuries or Death and incidents of Injuries to or Death of Peace Officerto
the Texas Attorney General's Office no later than the 30t" day after the
incident and copies of the reports will be posted to the Town of Westlake's
website.
II. DEFINITIONS:
A. DEADLY PHYSICAL FORCE: Physical force which can be reasonably
expected to cause death or serious physical injury.
B. INJURY: Damage to a person; harm; wound; pain.
C. PHYSICAL FORCE: The type force that could cause injury.
D. RANKING OFFICER: The Town Marshal/SRO is the highest-ranking officer in
the Westlake Marshal's Office. The chain of command above the Town
Marshal is the Court Administrator, Town Manager/designee in that order.
E. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of
death or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
F. IMMEDIATE DEADLY THREAT: A perceived imminent threat in which the
Town Marshal/SRO reasonably believes that they may use deadly force or the
threat of deadly force, in order to prevent serious bodily injury or death to them
self or another, and in accordance with Chapter 9 of the Texas Penal Code.
G. IMMEDIATE THREAT: A perceived imminent threat in which the Town
Marshal/SRO believes that they may use force or the threat of force, in order
to prevent bodily injury to them self or another, and in accordance with Chapter
9 of the Texas Penal Code.
H. WEAPONS POSITIONS:
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1. HOLSTERED / SECURED: Weapon is secured within the Town
Marshal/SRO's holster and under the Town Marshal/SRO's immediate
control.
2. UN-HOLSTERED / SUL: Weapon is held by the Town Marshal/SRO
pointed towards the ground and inside a circular area about a yard in
diameter inside of which the Town Marshal/SRO is standing or sitting. The
muzzle /weapon is not pointed at any person.
3. READY: Weapon is held so that the muzzle / weapon is pointed forward
of the Town Marshal/SRO, but the muzzle / weapon is not intentionally
pointed at any person. With firearms: the safety is on and the trigger finger
is outside of the trigger guard; there is no immediate deadly threat but the
Town Marshal/SRO reasonably believes they may encounter an
immediate deadly threat; ready position is also used after an immediate
deadly threat is over (scanning) or when the Town Marshal/SRO is
relatively sure the immediate deadly threat has passed. For other
weapons: there is not an immediate threat, but the Town Marshal/SRO
reasonably believes they may encounter an immediate threat; ready
position is also used after an immediate threat is over (scanning) or when
the Town Marshal/SRO is relatively sure the immediate threat has passed.
This position reduces reaction time and the Town Marshal/SRO is
prepared to instantly respond to an immediate threat or immediately
deadly threat.
4. ON-THREAT: Weapon is held so that the muzzle is pointed at a person
reasonably perceived to be an immediate deadly threat or the weapon is
pointed at a person reasonably perceived to be an immediate threat. For
firearms, the safety remains on while the trigger finger is outside the
trigger guard unless the officer is intending to immediately fire their
weapon; for less lethal shotguns the safety can be off.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to report all discharges of
firearms (except in training or recreation).
B. It will be the policy of the Westlake Marshal's Office to investigate and report
the use of force that results in injury or death to any person.
C. It will be the policy of the Westlake Marshal's Office to investigate and report
the use of force through the use of lethal or less-than-lethal weapons.
D. It will be the policy of the Westlake Marshal's Office to investigate and report
the use of force through the use of Oleoresin Capsicum.
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E. It will be the policy of the Westlake Marshal's Office to report the application of
physical force by any member of this department.
F. It will be the policy of the Westlake Marshal's Office to report the show of force
as descripted in this general order.
G. It will be the policy of the Westlake Marshal's Office to immediately remove
from the line-duty any officer whose actions or use of force results in a death
or serious physical injury.
IV. PROCEDURES:
A. DISCHARGE OF FIREARMS REPORTING: A written report will be submitted
whenever the Town Marshal/SRO conducts the following:
1. DISCHARGE A FIREARM: A written report and a discharge of firearms
report form will be submitted whenever the Town Marshal/SRO
discharges a weapon for other than training or recreational purposes. The
following are procedures for reporting the discharge of a firearm:
a. REPORT OF THE TOWN MARSHAL/SRO FOR FIREARM
DISCHARGE: In any instance in which the Town Marshal/SRO
discharges a firearm while on duty or off duty in the performance of
police officer duties, whether accidentally or intentionally, the Town
Marshal/SRO shall, as soon as practical, report that factto the Town
Manager/designee. The Town Marshal/SRO shall submit a
Discharge of a Firearm report to the Town Manager/designee if the
Town Marshal/SRO is involved. setting forth all the circumstances
involved in the incident.
b. REPORT OF OTHER THAN THE TOWN MARSHAL/SRO FOR
FIREARM DISCHARGE: In any instance in which a firearm is
discharged, whether accidentally or intentionally, by any person
other than the Town Marshal/SRO , the Town Marshal/SRO having
knowledge of that discharge shall, as soon as possible, report that
fact to the Town Manager/designee. The Town Marshal/SRO shall
submit, in writing, a report to the Town Manager/designee setting
forth all the Town Marshal/SRO's knowledge of the circumstances
involved in the incident.
2. RESPONSE TO RESISTANCE/DEADLY FORCE: A Response to
Resistance Report will be submitted on all incidents where the Town
Marshal/SRO deploys OC spray, ASP-Baton, ECW, deadly force, or any
department approved defensive tactic technique above the level of
handcuffing, or displays a show of force as listed below:
a. REPORT OF INJURY: In any instance in which the Town
Marshal/SRO of this department causes injury or death (or is alleged
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to have caused injury or death) or applies force through the use of
lethal or less lethal weapons, ASP-Baton, OC, or physical force while
on duty or in the perFormance of the Town Marshal/SRO's duties,
whether accidentally or intentionally, the Town Marshal/SRO shall,
as soon as possible, report the fact to the Town Manager/designee
if the Town Marshal/SRO is involved. The Town Marshal/SRO shall
also submit a report to the Town Manager/designee setting forth all
of the circumstances involved in the incident.
3. APPLIES PHYSICAL FORCE: In any instance in which an officerof this
department applies physical force, (no injury) the Town
Marshal/SRO/Court Administrator will be notified as soon as possible.
The Town Marshal/SRO/Court Administrator must weigh the seriousness
of this situation and the department's liability. At the very least, the Town
Marshal/SRO/Court Administrator will cause the physical force used to be
described and documented in the arrest (incident) report. If the Town
Marshal/SRO/Court Administrator deems necessary, a response to
resistance report may be completed.
4. SHOW OF FORCE: A Show of Force will be documented in each of the
following incidents:
a. When an officer points an Electronic Controlled Weapon.
b. When a police officer presents a firearm in the "ready" or "on-threat"
position in the presence of a suspect or the public within the scope
of their law enforcement authority.
c. When an officer presents a firearm in the "un-holstered / Sul,"
"ready," or "on-threat" position while not in uniform or approved
departmental attire but in the presence of a suspect or the public.
5. STATE REPORTING REQUIRMENTS: A report shall be filed with the
Texas Attorney General's Office no later than the 30th day after the
discharge of a firearm and a copy of that report will be placed on the Town
of Westlake's website in these incidents:
a. PEACE OFFIER INVOLVED INJURIES OR DEATH: any incident in
which an officer of this department discharges a firearm causing
injury of death to another.
b. INJURIES TO OR DEATH OF A PEACE OFFICER: any incident a
person who is not a peace officer discharges a firearm and causes
injury or death to an officer.
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B. RESPONSE TO RESISTANCE REPORT REVIEW: The intent of this review
is to determine whether there are policy, training, weapon/equipment, or
discipline issues, which should be addressed:
1. Officer: The Town Marshal/SRO involved must complete a written report
and/or discharge of a firearm report. The Town Marshal/SRO will give the
completed report to the Town Manager/designee.
2. Town Marshal/Court Administrator: The Town Marshal/SRO or Court
Administrator if the Town Marshal/SRO is involved will determine that the
report is accurately completed and sign the report. The Town
Marshal/SRO/Court Administrator will complete a response to resistance
report and deliver it to a defensive tactics instructor from an outside
agency (preferably with the Keller Police Department if available). The
Town Marshal/Court Administrator will notify the Town Manager/designee
to apprise them of the use of force.
3. DEFENSIVE TACTIC'S INSTRUCTOR (Outside Aqency):
a. REVIEW: The Defensive Tactic Instructor will review the report to
determine if the use of force applied was in compliance with training
techniques and/or if additional training in a certain area is needed.
b. DETERMINATION: A supplement will be written if it is determined
that techniques were improperly used and/or additional training is
needed. The response to resistance report will be signed if
techniques were proper and no training is needed and then submit it
to the Town Manager/designee for the Town of Westlake.
4. Town Marshal/Court Administrator:
a. VIOLATION OF LAW or POLICY: In all cases where an employee
is determined to have acted in violation of law or policy the officer
shall be subject to disciplinary action up to and including dismissal.
b. JUSTIFIED: The Town Manager/designee will sign the response to
resistance report and cause the original to be filed with the Town
Marshal/SRO. A copy of the report will be filed in the personnel file.
C. ANNUAL ANALYSIS of REPORTS: Annually, the Town Marshal/SRO will
conduct an analysis of all response to resistance reports as required in
subparagraph A of this paragraph, policies and practices. The analysis shall
identify:
a. date and time of incidents;
b. types of encounters resulting in use of force;
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c. trends or patterns related to race, age, and gender of subjects involved;
d. trends or patterns resulting in injury to any person including employees;
and
e. impact of findings on policies, practices, equipment and training.
D. ANNUAL REVIEW ofASSUALTS on SWORN OFFICERS: Annually, the Town
Marshal/SRO will conduct a review of all assaults on agency law enforcement
officers to determine trends or patterns, with recommendations to enhance
officersafety, revise policy, or address training issues. The review shall include
the number of incidents, time of day, type of initial call, number of officers
present, and prior history of arrestee(s).
EMPLOYEE CRITICAL INCIDENTS
100.03
Effective: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy for the investigation of any instance where the Town
Marshal/SRO whose actions, involvement in a traffic collision, or use of
force/response to resistance in an official capacity results in the death or
serious bodily injury to another person, whether intentionally or unintentionally.
This policy also covers procedures for the investigation of in custody deaths.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to report the use of
force/response to resistance, any action in an official capacity that results
in injury or death, and/or Town Marshal/SRO involved shooting to the
Town Manager/designee.
2. It will be the responsibility ofthe outside investigating agency to determine
if a violation of state law has occurred and must report this to the Town
Manager/designee.
3. It will be the responsibility of the outside Investigating agency to determine
if a violation of department policy has occurred and must report this to the
Town Marshal/SRO.
4. It will be the responsibility of the Town Manager/designee and Court
Administrator to determine what disciplinary action will be taken against
the Town Marshal/SRO determined to have violated state law or
departmental policy.
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II. DEFINITIONS:
A. IN-CUSTODY DEATH: The death of an individual while in custody or while
attempts to effect custody are being made.
B. INVOLVED EMPLOYEE: Unless otherwise indicated, refers to the Town
Marshal/SRO who is directly involved in the incident by actions or as a direct
witness to the events.
C. TOWN MARSHAL/SRO INVOLVED SHOOTING: A discharge of a firearm by
the Town Marshal/SRO during a hostile encounter, while on-duty or off-duty,
irrespective of injuries to suspects or third parties.
D. SERIOUS USE OF FORCE: Any use of force/response to resistance in an
official capacity that results, or is reasonably likely to result, in death,
permanent or substantial injury, loss of any body part or function, or permanent
disfigurements.
E. SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of
death or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
F. CRIMINAL INVESTIGATOR: A detective or command level officer of a
neighboring department or an investigator from another agency tasked with
conducting a criminal investigation of the Town Marshal/SRO critical incident.
G. TOWN MARSHAL/SRO CRITICAL INCIDENT: An incident where the Town
Marshal/SRO's actions, involvement in a traffic collision in an official capacity
results in serious bodily injury or death of another person, or serious use of
force,whether intentionally or unintentionally, or a Town Marshal/SRO involved
shooting.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to ensure that employee
critical incidents are investigated in a thorough, fairand impartial manner by an
outside, independent public safety agency.
B. It is the policy of the Westlake Marshal's Office that employee critical incidents
be investigated by an outside independent public safety agency so as to
determine whether employee actions conform to law and this department's
policy, procedures, rules and training.
C. It is the policy of the Westlake Marshal's Office to ensure that the involved
employee is relieved of duty after an employee critical incident.
IV. PROCEDURES:
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Page 29 of 93
A. ADMINISTRATIVE RELIEF FROM OPERATIONAL ASSIGNMENT:
1. RELIEF FROM OPERATIONAL ASSIGNMENT: In every instance where
the Town Marshal/SRO is involved in an employee critical incident, the
Town Marshal/SRO will be immediately relieved of operational
assignment and placed on administrative leave or administrative duty by
the Court Administrator for no less than 72 hours. The Town
Marshal/SRO placed on such leave will not engage in extra-duty
employment.
2. NO LOSS OF BENEFITS: The Town Manager/designee/Court
Administrator shall assign the Town Marshal/SRO to administrative leave
or duty with no loss of pay or benefits. This leave/assignment should not
be construed to imply the Town Marshal/SRO is guilty of any wrongdoing.
This administrative leave or duty serves two purposes:
a. To address the personal and emotional needs of the Town
Marshal/SRO.
b. To assure the community that verification of all facts surrounding
such incidents is fully and professionally explored.
3. EMPLOYEES AVAILABILITY: If the Town Marshal/SRO is involved in a
critical incident and is on paid administrative leave, the Town
Marshal/SRO shall be available and responsive to calls/questions related
to the investigation during normal business hours. The Town
Marshal/SRO will remain on paid administrative leave until the Town
Marshal/SRO'S personal and emotional needs have been met.
B. INVESTIGATIVE REQUIREMENTS:
1. Whenever the Town Marshal/SRO is involved in an employee critical
incident, two (2) separate investigations shall be initiated, a criminal
investigation and an administrative investigation.
2. A criminal investigator from an outside agency will conduct the criminal
investigation. If the Town Marshal/SRO critical incident occurs within this
jurisdiction, the Keller Police Department will be notified. The Texas
Rangers shall be called to run the criminal investigation (called by Keller
PD).
3. The Chief of Police for a neighboring police agency (preferably the
Roanoke Police Department if available) will assign an Internal Affairs
Investigator to conduct a separate administrative investigation to ensure
compliance with Westlake Marshal's Office rules and regulations and the
general orders.
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4. Unintentional weapons discharges not resulting in threat to life (e.g.
accidental discharge at the shooting range) will be investigated by an
outside independent public safety agency if the Town Marshal/SRO is
involved. If the administrative investigation finds a criminal offense has
occurred, a criminal investigation shall be initiated.
5. If the incident happens outside the town limits of Westlake, the Town
Marshal/SRO shall report the incident to the public safety agency at the
location of the incident, who shall report the incident up the chain of
command. The Town Marshal/SRO shall notify the Town
Manager/designee shall cause an investigation, coordinating with the
appropriate law enforcement agency and ensuring compliance with
Westlake Marshal's Office policy.
C. ON SCENE INVESTIGATION AND RESPONSIBILITIES:
1. The Public Information Officerwill be notified. The Town of Westlake PIO
will be responsible forworking with the City of Keller PIO in making the initial
and subsequent media releases. Media releases should be approved by
the Town Manager prior to release to ensure the integrity of the investigation
is not compromised. If the employee critical incident occurs in another
jurisdiction, the Town of Westlake PIO will coordinate with the other
jurisdiction's PIO to establish the lead issuer of information and coordinate
release of appropriate and factual information.
2. The Town Marshal/SRO, if not injured, will be removed from the scene.
This should be done in the company of some "companion" who is not
involved in the incident. This is to serve as a supportive role. A Chaplain
or clergy member may be notified.
3. When the Criminal Investigator arrives at the scene, the involved Town
Marshal/SRO will respond to the needs of the investigation. If applicable,
the Investigator will take possession of the weapon(s) that was/were
discharged. When the Investigator determines that the involved Town
Marshal/SRO is no longer needed at the scene, the "companion" will
transport the involved Town Marshal/SRO to the office.
4. The Town Marshal/SRO shall be afforded an early opportunity to
communicate with family members, support resources or legal
representation. The person designated as "companion" may assist in
making this notification.
D. INVESTIGATOR INVESTIGATION:
1. Investigators will proceed to the scene upon being notified. Investigators
will process the scene and interview all witnesses separately.
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2. Investigators will not interview or request a written statement of the Town
Marshal/SRO until 48 hours to 72 hours after the incident. When the Town
Marshal/SRO is/are interviewed they will be advised of their Miranda
rights, if the allegations involve possible criminal prosecution.
3. Upon completion of the investigation, a copy of the Investigator's file will
be forwarded to the Town Manager/designee and/or Court Administrator
for review.
4. The Criminal Investigator will be responsible forfiling any criminal charges
associated with their investigation to the District Attorney's Office. The
DA's office will be responsible for presentation to the Grand Jury and any
subsequent prosecution.
E. INTERNAL AFFAIRS INVESTIGATIONS:
1. The IA Investigator (from an outside agency) may shadow the Criminal
Investigator; however, the IA Investigator may not interview the involved
Town Marshal/SRO as part of the internal investigative process until after
the conclusion of the investigation by the Criminal Investigator.
2. The internal affairs investigator shall advise the Town Marshal/SRO of
their rights pertaining to the administrative investigation process. Those
rights include:
a. The right of the Town of Westlake to conduct an administrative
investigation into the specific employee critical incident.
b. The right to know if the Town Marshal/SRO is suspected of
misconduct which, if sustained, could be grounds for administrative
disciplinary action, to include dismissal.
c. The right to refuse to answer any questions, but such refusal shall
be grounds for disciplinary action including dismissal.
d. That the results of the internal affairs investigation interview will not
be used against the employee(s) in any subsequent criminal
proceeding (Garrity V. New Jersey 385 U.S. 493 1967).
e. The interviewed Town Marshal/SRO will, upon request, be provided
a copy of any of his/her own statements made during the course of
the administrative investigations.
F. INCIDENT FOLLOW-UP:
1. If the Town Marshal/SRO is involved in an employee critical incident, the
Town Marshal/SRO will be required to participate in a Critical Incident
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Debriefing with an approved neighboring jurisdiction's
psychologist/psychiatrist. In addition, the Town Marshal/SRO will be
required to adhere to the recommendation(s) of the psychologist. The
Town of Westlake is financially responsible for the Critical Incident
Debriefing. The cost associated with subsequent required doctor visits
and actions will be approved by the Town Manager/designee or Court
Administrator on a case by case basis. The Town Marshal/SRO is also
encouraged to utilize services provided through the Employee Assistance
Program.
2. The Town Marshal/SRO directly involved in shooting incidents will re-
qualify as soon as practical.
G. TRAINING:
1. The Town Manager/designee and Court Administrator will be trained in
managing Town Marshal/SRO critical incidents annually.
2. The Town Marshal/SRO will be trained in this policy during initial training.
FIREARMS, WEAPONS,ANDAMMUNITION
100.04
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and make the rules and regulations concerning
firearms, less lethal weapons, and ammunition at the Westlake Marshal's
Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO who are authorized to
carry weapons to keep secure, not alter, and carry only on-duty department-
approved firearms, less lethal weapons, ammunition and equipment holders
/ holsters for each item.
2. It will be the responsibility of the Town Marshal/SRO who are authorized to
carry weapons and who are changing duty weapons or who have been
newly authorized to carry a weapon to have the weapon inspected and
approved by a qualified armorer/instructor prior to attempting the
qualification course.
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3. It will be the responsibility of the Town Marshal/SRO who are authorized to
carry firearms to register and complete a qualification course for firearms
that are carried off-duty and are departmental approved.
4. It will be the responsibility of the Town Marshal/SRO to maintain written
records and conduct/sponsor annually at least one firearm qualification
course for department-authorized firearms that are carried by personnel
who are authorized to carry weapons on and off duty. It will also be their
responsibility to maintain records by serial number of approved weapons
that have been qualified with for on and off duty. Qualifications for impact
weapons, OC and less lethal will be conducted on an annual basis by
instructors certified on the appropriate weapon, if carried by the Town
Marshal/SRO.
5. It will be the responsibility of the Town Marshal/SRO who are authorized to
carry weapons to care for, keep clean, and cause the necessary repairs of
personally owned weapons.
6. It will be the responsibility of the Town Marshal/SRO to conduct inspections,
ensuring compliance with the rules and regulations of this directive.
II. DEFINITIONS:
A. AMMUNITION: The projectiles, along with their fuses or primers that can be
fired from a firearm.
B. FIREARM: A weapon capable of firing a missile by using an explosive charge
as a propellant.
C. LESS LETHAL WEAPON: Those weapons issued by this Department to be
used in an escalation of force.
D. LESS LETHAL IMPACT MUNITIONS: Those munitions which can be fired,
launched or otherwise propelled for the purpose of encouraging compliance,
overcoming resistance or preventing serious injury without posing a significant
potential of causing death.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Officethat the Town Marshal/SRO
who is authorized to carry weapons will follow the rules and regulations of this
directive.
B. It will bethe policy of the Westlake Marshal's Officethat the Town Marshal/SRO
will strictly enforce the rules and regulations of this directive.
IV. RULES AND REGULATIONS:
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A. FIREARMS, WEAPONS, AND AMMUNITION: The Town Marshal/SRO will
maintain an inventory and list of all approved firearms and weapons. The
inventory and list will include the make, model, serial number and the Town
Marshal/SRO who is approved to carry the firearm or weapon. The inventory
will include the name of the official making the approval, date of approval and
all pass/fail scores used to qualify the user. The same procedure will be
followed for department issued weapons. The following are rules and
regulations governing the carrying and control of firearms, weapons, and
ammunition at the Westlake Marshal's Office.
1. ON-DUTY WEAPONS: The Town Marshal/SRO who are authorized to
carry weapons within this department will carry on-duty only approved
firearms, less lethal weapons, ammunition and equipment holders /
holsters for each item. The Town Marshal/SRO will not alter any firearm,
weapon, or ammunition without prior approval of a certified armorer.
a. The Town Marshal/SRO on-duty and in plain clothes shall wear their
handgun in a holster and in a manner that will not attract attention
unless within the Town of Westlake, then with badge clearly visible.
b. Prior to carrying a weapon for the first time, the Town Marshal/SRO
who are authorized to carry weapons will have the weapon inspected
for function and safety by a qualified armorer/weapons instructor. If
the weapon has been modified or is different from their previous
weapon, the Town Marshal/SRO will be required to successfully
complete a qualification course of fire before being allowed to carry
the weapon. All weapons must be in compliance of subsection 6 of
this section.
c. The Town Marshal/SRO may select an on-duty service handgun of
9mm or .40 caliber.
d. The Town Marshal/SRO will only qualify with and carry one caliber
on-duty service handgun, 9mm or .40 caliber.
e. Only the Town Marshal/SRO, with approval of the Town
Manager/designee and a certified armorer, can approve the request
to change an on-duty service handgun caliber. Requests to change
on-duty service handgun caliber will be submitted by the Town
Marshal/SRO.
2. OFF-DUTY WEAPONS: Under normal circumstances the Town
Marshal/SRO of this department is encouraged to carry off-duty,
whenever in a public place, a firearm, badge of authority, and official
departmental issued identification. The Town Marshal/SRO will carry only
approved ammunition. The Town Marshal/SRO will not alter any off-duty
Resolution 21-38
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firearm or ammunition without the prior approval of the Town
Manager/designee. The Town Marshal/SRO may not carry or use
firearms while under the influence of alcohol or drugs. The following are
procedures for the carrying of off-duty weapons:
a. DEPARTMENTALAPPROVED FIREARM: The Town Marshal/SRO
is required to carry an approved firearm off-duty.
(1) The Town Marshal/SRO officer must satisfactorily demonstrate
to a certified firearms instructor familiarity and the ability to
safely handle the firearm at least one time per year. This
demonstration will be mandatory to the Town Marshal/SRO who
elects to carry anything other than the firearm they carry on
duty.
(2) Any display or use of an off-duty weapon will be governed by
the same regulations that apply while on-duty.
(3) Off-duty weapons when carried must be concealed from public
view and secured in a holster or gun bag.
(4) When carrying an off-duty weapon, the Town Marshal/SRO will
also carry his/her badge and departmental identification.
3. SECURITY OF WEAPONS:
a. UNAUTHORIZED HANDLING: The Town Marshal/SRO is
authorized to carry weapons at all times, whether on-duty or off-duty,
secure their approved departmental firearm(s) from any
unauthorized handling by persons not known to be sworn police
officers. The weapon should be secured when not in the Town
Marshal/SRO's immediate care, custody or control.
b. WEAPONS SECURED IN THE DEPARTMENT: The Keller PD
Substation/Marshal's OfficeatWestlake Academy has a gun safefor
weapons storage within the secure area. If you need to store a
weapon in this area for whatever reason, notify the Town
Marshal/SRO. For the safety of all persons, all weapons stored in
this area will be stored unloaded, with no cartridges in the chamber
or magazine tube. Weapon magazines may be stored adjacent to
the weapon, but not in the magazine well of the weapon.
4. MAINTENANCE of SERVICE WEAPONS: The ultimate responsibility for
the overall care and external cleaning of a service weapon will be the
responsibility of the Town Marshal/SRO. The following are procedures to
be followed for the maintenance, and repair of the approved weapon:
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a. Only certified armorers or gunsmiths approved by the Town
Marshal/SRO will repair, modify, or otherwise work on any weapons.
b. Any modifications to duty weapons (including sights, grips, internal
modifications, etc.) will be done prior to qualifications. The Town
Marshal/SRO will be required to qualify with the modifications in
place before the weapon will be allowed on duty.
c. The Town Marshal/SRO is responsible for maintaining personally
owned weapons in a clean and serviceable condition. The Town
Marshal/SRO authorized to carry weapons will be responsible for
maintaining the exterior only of department owned weapons and
reporting any malfunctions/problems to a certified armorer or
gunsmith for repairs.
d. All duty weapons will be inspected at least annually by an armorer or
instructor certified in the inspection of that specific weapon. The
inspection will certify, in writing, that the weapon was in proper, safe,
working condition at that time. Any weapon deemed unsafe will be
immediately removed from service.
5. APPROVED WEAPONS/AMMUNITION & LESS LETHAL:
a. WEAPONS/AMMUNITION:
(1) The approved official duty handgun forthe Westlake Marshal's
Office is a safe-action semiautomatic pistol manufactured by
Glock. The weapon will be of 9mm, or .40 caliber. Uniform
officerswill be limited to barrel lengths not less than 4.02 inches
(models 22, 23, 35, 19, 17, 34, 45).
(2) In addition to the department approved duty handgun, the Town
Marshal/SRO officer may carry one additional handgun on-duty
as a backup, provided the officer qualifies with the weapon and
the weapon has been approved according to this policy. Said
weapons will not be restricted as to manufacturer but must be
of a caliber equal to or larger than .380 and be inspected by a
range officer for safe function. It may be a revolver or semi-
automatic in design.
(3) Only ammunition meeting standards developed by the Town
Marshal/SRO shall be used in any approved weapon. (See
General Order 100.07 IV 9 page 8 for specifications). Firearms
ammunition will be issued at least one time per year and the
issuance will be documented. In approving firearms
ammunition for use, the Town Marshal/SRO at the advice of a
certified police firearms instructor, will consider the following:
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(a) Research published by the F.B.I.
(b) Research published by the Dallas County Forensic
Laboratory.
(c) Such testing as deemed necessary by departmental
policy.
(d) NO RELOADED, REMANUFACTURED, OR
HANDLOADED AMMUNITION will be recommended or
approved for use other than training or practice.
b. LESS LETHAL M U N ITIONS:
(1) Less lethal impact munitions are defined as those munitions,
which can be fired, launched or otherwise propelled for the
purpose of encouraging compliance, overcoming resistance or
preventing serious injury without posing a significant potential
of causing death. The Westlake Marshal's Office will utilize the
following less lethal munitions:
(a) Axon X26P Taser.
c. LESS LETHAL STORAGE, TRANSPORTATION & HANDLING
(1) Storage of less lethal munitions should conform to manufacturer's
recommendations. Generally, they should be stored in their
original container in a cool, dry place.
(2) Under no circumstances shall any person be authorized to
tamper with or alter in any manner, any less lethal munitions.
Misfires shall be recovered, rendered safe, and removed from
service. Appropriate notification shall be made and munitions
which have malfunctioned or have been damaged, shall be
reported to the designated less lethal instructor.
(3) Upon receiving any munitions, the person actually employing
them is ultimately responsible forthat these munitions are "less
lethal," and used in accordance with departmental policy.
6. The Town Marshal/SRO is prohibited from carrying the following impact
weapons:
a. Slapper.
b. Saps.
c. Weighted Gloves.
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d. Knuckles.
e. Other sim ilar type weapons.
7. When no other adequate means is available or practical, or when lethal
force is justified, any impact weapon of opportunity (e.g., flashlight or
radio) may be used. Use of said weapon of opportunity will be governed
by policy and training pertaining to use of approved impact weapons.
B. WEAPONS PROFICIENCY:
1. The Westlake Marshal's Office conducts one (1) firearm qualification
annually that meets the TCOLE minimum course requirements. The
Town Marshal/SRO must demonstrate at least an 80% proficiency rating
during a qualification with their duty weapon and off duty weapon will be
authorized to carry such weapons. The requirement for mandatory one
qualification per year required by TCOLE standards may not be waived.
The intent of this directive is to cover the carrying and use both on and off
duty, of all weapons such as handguns and less lethal weapons carried
by Town Marshal/SRO's who are authorized. Demonstrated proficiency
includes achieving minimum qualifying scores on a prescribed course;
attaining and demonstrating knowledge of the laws concerning the use of
authorized weapons and knowledge of departmental policy on response
to resistance/use of force, escalating force, and deadly force; and being
familiar with recognized safe-handling procedures for the use of
departmental approved weapons.
2. Those wishing to carry an approved patrol rifle must qualify at least one
(1) time per year. Failure to qualify or attend training will result in denied
access to carry until qualification has been obtained.
a. Qualification for the M-16 variant weapons will be 90%. Sidearm
qualification will be 80%.
b. The Town Marshal/SRO who has completed an approved patrol rifle
familiarization course of at least 16 hours in length and qualified with
at least a 90% score may opt to carry a patrol rifle.
C. WEAPONS and POLICY IN-SERVICE TRAINING: The Town Marshal/SRO,
who is authorized to carry weapons, will receive in-service training on the
department's Response to Resistance policies and demonstrate proficiency
with any authorized weapon at least annually. At no time will the Town
Marshal/SRO carry a weapon on duty where they have not demonstrated
proficiency. Training will be conducted by instructors certified in that weapon
or tactic.
1. DOCUMENTATION: The Town Marshal/SRO will document all in-service
training and the proficiency of all authorized to carry weapons on and off
duty.
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2. DUTY HANDGUN REMEDIAL TRAINING: The Town Marshal/SRO will
have procedures for remedial training for any Marshal's Office personnel
authorized to carry a handgun in the course of their duties and who are
unable to qualify with that weapon prior to resuming official duties.
Remedial Training is as follows:
a. When the Town Marshal/SRO fails the initial attempt to qualify, they
will be given a second attempt the same day to meet minimum
standard.
b. When the Town Marshal/SRO fails to meet the minimum standards
on the second attempt the failure will then preclude any further action
being taken.
c. Failure to meet minimum standards on the second attempt will result
in the Town Marshal/SRO being immediately placed on leave
charged against their vacation or compensation time or placed in a
non-enforcement position (if available) until remedial training can be
scheduled. Until such training is completed, the Town Marshal/SRO
will be prohibited from carrying a firearm under authority of a peace
officer. Additionally, a letter of reprimand showing a failure to
maintain minimum standards may be placed in the Town
Marshal/SRO's personnel file on the first occurrence. A second and
subsequent failure (not consecutive) to meet minimum standards will
result in a written reprimand or more serious corrective action.
d. Within five consecutive workdays from the date of the failed
qualification, the Town Marshal/SRO will be scheduled for remedial
training. Upon completion of the remedial training, the Town
Marshal/SRO will be given another opportunity to meet minimum
standards. Failure of this attempt will result in the Town
Marshal/SRO being continued on leave or in a non-enforcement
position (if available) until they complete an approved firearms
instruction course of at least 24 hours in length at their own expense.
On completion of this course, they will again be given an opportunity
to qualify. Failure to qualify at this time will result in disciplinary action
being taken, up to and including a recommendation for termination.
Successful meeting of the minimum standard will result in the Town
Marshal/SRO being immediately returned to enforcement status.
e. Failure to meet minimum standards at a third consecutive
qualification and retest will result in a recommendation for immediate
termination without remedial training.
f. Failure to meet minimum qualification standards with an off-duty or
back-up weapon, or patrol rifle will result in the Town Marshal/SRO
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being prohibited from carrying the weapon until minimum
qualification standards are met.
g. If the Town Marshal/SRO has a question or grievance on the
qualification procedure or scoring, the chain of command is as
follows:
(1) Range Off icer.
(2) Range Master.
(3) Court Administrator and Town Manager/designee
3. OTHER WEAPONS REMEDIAL TRAINING: A Town Marshal/SRO who
fails to qualify/demonstrate proficiency on their second attempt with a
weapon that is not their authorized duty handgun will not be subject to
revocation of peace officer status or suspended from official duties.
However, the Town Marshal/SRO will not be permitted to carry, use, or be
issued such a weapon until such time as they obtain a qualifying score/
demonstrate proficiency. A maximum of two qualification/ proficiency
attempts are allowed per day.
BIASED POLICING OR ENFORCEMENT
100.06
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures to prevent biased
policing or enforcement at the Westlake Marshal's Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to provide the
Westlake Town Council an annual report containing statistical data
relevant to the public contacts made by the Westlake Marshal's Office in
accordance with the Texas Racial Profiling Law (S.B. No. 1074).
II. DEFINITIONS:
A. BIASED POLICING OR ENFORCEMENT: The selection of an individual(s) for
enforcement action based in whole or in part on a trait common to a group,
without actionable intelligence to support consideration of that trait. This
includes, but is not limited to, race, ethnic background, national origin, gender,
sexual orientation/identity, religion, economic status, age, cultural group,
immigration status, disability, housing status, occupation, language fluency or
any other identifiable characteristics.
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B. RACE or ETHNICITY: Means of a particular descent, including, but not limited
to, Caucasian, African, Hispanic, Asian, or Native American descent.
III. POLICY:
A. It is the policy of the Westlake Marshal's Office that biased policing or
enforcement by the Town Marshal/SRO is strictly prohibited. This includes law
enforcement-initiated action based on an individual's race, ethnicity, gender,
sexual orientation/identity, religion, economic status, age, cultural group,
national origin or any other identifiable group rather than on the individual's
behavior or on information identifying the individual as having engaged in
criminal activity. Profiling in regard to traffic contacts, field contacts, searches,
interviews and interrogations, asset seizures and forfeiture efforts will not be
allowed. Any officer found in violation of this policy will be disciplined
accordingly.
IV. PROCEDURES:
A. MOTOR VEHICLE and PEDESTRIAN STOPS:
1. The Town Marshal/SRO will be diligent during patrol and are expected to
enforce the traffic laws and stop and detain motorist or pedestrians
whenever there is reasonable suspicion and have committed, are
committing, or are about to commit an infraction of the law. An arrest can
only be made with probable cause.
a. The Town Marshal/SRO should not stop a driver or pedestrian when
looking for a suspect if the only commonality between the suspect
and the civilian is his or her race/ethnicity or national origin.
b. The Town Marshal/SRO should not pick out people to stop from
among similarly situated individuals based in whole or in part of their
race/ethnicity or national origin. For example, a driver speeding in a
stream of traffic should not be picked out from among the traffic
because of race/ethnicity or national origin.
c. The Town Marshal/SRO should not stop a driver when there is no
traffic violation in order to get a look inside the vehicle based on the
driver's race/ethnicity or national origin.
2. The Town Marshal/SRO must conduct themselves in a dignified and
respectful manner at all times. The Town Marshal/SRO must remain
courteous and professional keeping in mind the anxiety the person will
feel when stopped by the Town Marshall/SRO. The Town Marshal/SRO
will remain professional and courteous even if challenged verbally from
the detained individual.
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3. During the stop of the motorist or pedestrian, the Town Marshal/SRO shall
utilize the mobile video and audio recording equipped in the car pursuant
to General Order 200.02.
4. The detaining of motorists and pedestrians will be brief in duration and the
Town Marshal/SRO shall explain to the individual the reason for the
detention with the objective to gain compliance and understanding.
5. If the Town Marshal/SRO decides to issue a warning, a citation or take
the person into custody fora more serious offense the Town Marshal/SRO
must record on the warning/citation the race of the individual using the
following codes:
a. White/Caucasian (W)
b. Hispanic (H)
c. Asian (A)
d. Native American (I)
e. African (B)
f. Middle Eastern (M)
6. When issuing a warning/ citation resulting from a traffic stop the Town
Marshal/SRO shall record the following information on the
warning/citation:
a. Search Y/N
b. Consent Y/N, if Y above.
c. Contraband/Evidence Found Y/N, if searched
d. Reason and Probable Cause for the Search Y/N, if searched
e. Arrest Made Y/N
f. Physical Force Resulted in Bodily Injury Y/N
g. Race/ethnicity known before stop Y/N
h. Gender, street address of stop and reason for the stop.
B. COMPLAINTS of BIASED POLICING:
1. Any person may file a complaint with the department if they believe law
enforcement-initiated action was based on the individual's race, ethnicity,
gender, sexual orientation, religion, economic status, age, cultural group,
national origin or any other identifiable group than on the individual's
behavior or on information identifying the individual as having engaged in
criminal activity.
2. The Town Marshal/SRO, who initiated the enforcement action, who is told
by the citizen that they wish to file a complaint, shall inform the person that
they can meet with the Court Administrator or Town Manager/designee at
the Municipal Court office or contact the Court Administrator or Town
Manager/designee on the telephone providing the telephone number to
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the complainant. At no time should the complainant be told to call back
the next day unless they desire to do so.
3. The Court Administrator and Town Manager/designee receiving the
complaint of biased policing or enforcement shall record the name,
address, telephone number and the allegation from the complainant. The
individual should be advised that the complaint will be taken seriously, and
they will be contacted with the findings of the investigation. The Town
Manager/designee and Court Administrator will obtain any and all mobile
video recordings from the mobile video recording system. The
recording(s) along with the information from the complainant should be
forwarded to the Town Manager/designee and Court Administrator for
assignment.
4. The Court Administrator and Town Manager/designee will ask an outside
law enforcement agency to investigate the complaint.
5. In conformance with the act on Biased Based Profiling, on the
commencement of an investigation by an outside law enforcement agency
of a complaint regarding racial profiling the outside law enforcement
agency shall promptly provide a copy of the video/audio recording to the
Town Marshal/SRO that is the subject of the complaint.
6. Should the results of the investigation show that the Town Marshal/SRO
had engaged in biased based profiling in violation of this policy the Town
Manager/designee and Court Administrator shall take corrective action
against the Town Marshal/SRO. The corrective action can range from
training up to and including termination depending on the totality of the
circumstances.
a. If the complaint is "not sustained" the complainant may appeal the
determination to the Town Manager's Office.
b. The complainant also has the right to appeal the determination to the
Tarrant County District Attorney's Office.
7. This Department will comply with the public education requirement of the
act by posting the complaint process on our internet web site, by having
printed brochures on the complaint procedure available in our public
lobby, and also available from the Town Manager/designee and Court
Administrator. The complaint and compliment contact telephone number,
mailing address, and email address will be provided on every
warning/citation.
C. RETENTION of VIDEO and AUDIO TAPES:
1. The act on Biased Based Profiling requires the audio and video recording
of traffic and pedestrian stops to be retained for 90 days after the date of
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the stop. In case of a complaint the video will be retained until the
disposition of the complaint.
2. The standards and safeguards for reviewing the video and audio are
outlined in General Order 200.02.
D. TRAINING:
1. The Town Marshal/SRO will receive initial and annual training in biased
policing issues including legal aspects, field contacts, traffic stops,
searches, asset seizure and forfeiture, interview and interrogation
techniques, cultural diversity, discrimination, and community support.
E. REPORTING REQUIREMENTS OF THE ACT:
1. The Town Marshal/SRO shall make a documented annual report to the
Town Council on the information collected relating to traffic stops in which
a warning or citation is issued and to arrests resulting from those traffic
stops containing the following:
a. The gender and race or ethnicity of the individuals detained.
b. Whether a search was conducted and, if so, whether the person
consented, if contraband/evidence was found, probable cause, for
the search, and if an arrest was made.
c. Whether physical force resulted in bodily injury to a party.
d. An administrative review of agency practices, including community
concerns on the issue, the number of racial profiling complaints, and
any corrective measures taken.
2. The required report will not contain identifying information about the Town
Marshal/SRO, or the individuals detained.
3. The documented annual report will be submitted by March 1St of each year
for information complied by the agency during the period beginning
January 1St and ending December 31St.
F. IMMIGRATION STATUS DETENTIONS:
1. The Town Marshal/SRO is not prohibited from inquiring about immigration
status during temporary detentions but are prohibited from detaining
people longer than is necessary to finish the purpose of the detention and
that purpose cannot be solely to make an immigration inquiry.
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2. The Town Marshal/SRO should have some articulable facts, besides race,
color, religion, language, or national origin, to explain why the officer
asked a person about citizenship or immigration status.
3. Warrants for a person's arrest or removal as an alien is an administrative
warrant and must not be the sole reason for an arrest. If a person is
arrested for another offense and has an immigration warrant, the
detention staff will contact the appropriate agency in reference to the
immigration warrant.
4. The Town Marshal/SRO shall not enforce immigration laws while working
off-duty for religious organizations. The Town Marshal/SRO shall not
enforce immigration laws against a person detained solely because he or
she is a victim, a witness to a crime, or reported a crime.
VEHICLE PURSUITS
200.01
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures concerning motor
vehicle pursuits involving the Westlake Marshal's Office.
B. Responsibility:
1. This directive will be provided to the Town Marshal/SRO.
2. The Town Marshal/SRO is responsible for acknowledging receipt of and
signing this directive and providing such acknowledgement to the Court
adm inistrator
3. The Town Marshal/SRO shall be tested on their knowledge at least every
three (3) years to ensure that the Town Marshal/SRO fully comprehend
this directive. The Town Marshal/SRO will complete and submit an annual
report of the test results/certificate of completion to the Court
Adm inistrator
4. It will be the responsibility the Town Marshal/SRO to study, understand,
and follow the policy and procedures set forth and established in this
directive.
II. DEFINITIONS:
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A. PURSUIT: Refers to an attempt by the Town Marshal/SRO operating an
emergency vehicle to apprehend one or more occupants of another moving
motor vehicle, in which the driver of the fleeing vehicle intentionally ignored the
Town Marshal/SRO'S signal and attempts to avoid apprehension.
B. AN ATTEMPT TO STOP: Refers to the reasonable effort by the Town
Marshal/SRO operating an authorized emergency vehicle to communicate to
the occupants of another moving motor vehicle the intent of conducting a traffic
or investigative stop. When it becomes clear to the Town Marshal/SRO that
the suspect(s) do not intend to stop due to rapidly increasing speed and/or
driving recklessly as to endanger the safety of others, the incident will be
considered a pursuit situation. The test of how much time and effort is
reasonable depends on road conditions, violators' driving behavior, weather,
time of day, etc. All violations should justify an attempt to stop if it is safe and
reasonable to do so.
C. FELONY: A crime that is punishable under the Texas Penal Code by death or
confinement in a penitentiary for life or confinement not more than 99 years or
confinement not less than 180 days.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to apprehend all persons
who are attempting to evade arrest. However, pursuits will only be conducted
when the Town Marshal/SRO has probable cause to believe that the suspects
have committed a felony involving the use of or threatened use of force likely
to cause death or serious physical injury. The suspect's use of a vehicle to
evade the Town Marshal/SRO, in and of itself, will not be included as a violent
felony circumstance to justify a pursuit. Other circumstances must meet the
violent felony criteria above. It must be remembered that the anticipated results
must justify the risk. Therefore, the pursuing Town Marshal/SRO is not to
consider that the chase must continue at all costs.
B. Furthermore, the Town Marshal/SRO will not pursue (as defined above) fleeing
vehicles for traffic, misdemeanor or felony offenses that do not involve the use
of or threatened use of force likely to cause death or serious physical injury.
The suspect's use of a vehicle to evade the officer, in and of itself, will not be
included as a violent felony circumstance to justify a pursuit. Other
circumstances must meet the violent felony criteria above. The Town
Marshal/SRO will be allowed to attempt to stop (as defined above) for any
violation or where an investigative stop is proper.
IV. PROCEDURES:
A. EVALUATING THE CIRCUMSTANCES: The seriousness of the possible
outcome of a pursuit demands that the Town Marshal/SRO weigh many factors
when deciding whether to pursue or not to pursue. Some specific questions
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the Town Marshal/SRO must ask/consider when deciding whether to pursue
includes:
1. Offense;
2. Time of day;
3. Weather conditions;
4. Road conditions;
5. Traffic conditions;
6. Geographic location: such as school zone, hospital zone, etc;
7. Population density;
8. Familiarity with the area; and
9. Vehicle capability and reliability.
B. INITIATING OFFICER: In the event the Town Marshal/SRO becomes involved
in the pursuit of a motor vehicle that fails to stop, the Town Marshal/SRO will
immediately:
1. Activate the vehicle's emergency lights and siren, and use them
continuously throughout the pursuit and;
2. Notify the Public Safety Communications Center by radio of:
a. Direction of pursuit and route during pursuit;
b. Complete description of the vehicle being pursued;
c. Number of occupants and some description if possible;
d. Reason for the chase including the crime involved; and
e. Approximate speeds of the vehicle(s) in the pursuit.
3. Continuously evaluate and weigh the circumstances as listed above.
C. SECONDARY UNITS:
1. Assisting units (outside public safety agencies who may be assisting)
should attempt to drive a parallel route to the suspect's route in
anticipation of assisting when the suspect is apprehended or becoming
the pursuit unit if the original pursuing Town Marshal/SRO loses the
suspect.
2. Under no circumstances should more than two assisting units fall in line
behind the original pursuit unit. This applies always whether the pursuit
units are from this Department or another.
D. COMMUNICATIONS UNIT PERSONNEL: The Public Safety Communications
Center telecommunicator will:
1. Maintain contact with the pursuing unit(s);
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2. Assure that the shift supervisor of the jurisdiction is aware of the pursuit;
3. Establish contact (via RADIO FREQUENCY or TELEPHONE) with other
jurisdictions should the pursuit cross into another jurisdiction; and
4. Establish direct contact between Keller, Southlake, or Colleyville pursuing
unit(s) and other jurisdictional elements, if possible.
E. MONITORING THE PURSUIT
1. The Town Marshal/SRO will use discretion based on the time of day,
violations involved, weather, speed of the vehicle, risk to others, or other
factors to terminate or allow the pursuit.
2. When that pursuit crosses into another jurisdiction, the jurisdiction's
supervisor will make a second evaluation to determine if continuing the
pursuit is justified.
3. Should a pursuit result in serious physical injury to any party or extensive
property damage, the Town Marshal/SRO will cause the Court
Administrator and Town Manager/designee to be notified.
F. RESTRICTED MANEUVERS:
1. DIVIDED HIGHWAYS: The Town Marshal/SRO will NEVER follow a
pursued vehicle the wrong way on a divided highway, but will, instead,
attempt to keep sight of the vehicle by driving on the correct side of the
highway.
2. ONE-WAY STREETS: The Town Marshal/SRO will not pursue a vehicle
the wrong way down a one-way street. Pursuing units will, instead, try to
keep sight of the vehicle by driving in a parallel direction.
3. BARRICADING ROADWAYS: Barricading a roadway must be
considered as a force likely to result in death or serious physical injury.
The barricading of roadways is not allowed to end a pursuit.
4. SHOOTING AT VEHICLES:
a. Deadly force is permissible only when deadly force is necessary and
allowable according to General Order 100.01 Response to
Resistance and the Texas General Statutes.
b. At no time will the Town Marshal/SRO intentionally place themselves
in the direct path of a fleeing vehicle in order to justify the use of
deadly force.
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c. Attempting to deflate vehicle tires with a firearm is only permissible
in a Rapid Response incident where a vehicle is being used to cause
mass casualties.
d. The Town Marshal/SRO operating a motor vehicle in pursuit is not to
fire under any circumstances while driving at high speeds.
G. PURSUIT TERMINATION: The pursuit will be discontinued when:
1. If the Keller Police Department is involved, the Town Marshal/SRO or in
the Keller Police Department's opinion that extreme hazard is present and
the risk of injury to the Town Marshal/SRO, the Keller Police Officer, the
public, or suspect outweighs the benefit of immediate apprehension.
2. If the Keller Police Department is involved, the subject(s) can be identified
to the point where later apprehension can be accomplished and, in the
opinion of The Town Marshal/SRO or Keller Police Department, a serious
hazard is present and the risk of injury to Town Marshal/SRO, the Keller
Police Officer, the public, or the suspect has surpassed necessity for
immediate apprehension; and/or
3. The pursued vehicle's location is no longer known.
H. INTERJURISDICTIONAL PURSUITS: All procedures concerning pursuits are
applicable to the Town Marshal/SRO assisting another jurisdiction in a pursuit
or participating in a pursuit in another jurisdiction. Pursuits:
1. BY OTHER AGENCIES:
a. When a police pursuit is originated by another agency and enters this
municipality, the Town Marshal/SRO should only assist if they are
the nearest police unit and only if requested by the originating
agency.
b. The Town Marshal/SRO will not continue pursuits outside of the
borders of Westlake when another jurisdiction initiated the pursuit.
c. If the suspect is apprehended, the driver will be charged with the
determined violations that occurred within this municipality.
d. The initiating agency will control and be responsible for the pursuit.
Other agencies will only participate when requested to assist.
e. The initiating agency will be responsible for the arraignment of
arrested person, disposition of passengers, disposition of the
suspect vehicles, and the coordination of all reports and charges.
2. TOWN MARSHAL/SRO:
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a. If the Town Marshal/SRO pursues a vehicle into other jurisdictions,
the Communications Unit dispatcher will advise that jurisdiction as
soon as possible by either radio or by telephone.
b. The Town Marshal/SRO Officers will control and be responsible for
the pursuit, arraignment of arrested persons, disposition of
passengers, disposition of the suspect vehicle, and coordination of
reports and charges. the Town Marshal/SRO will cooperate with
other agencies as determined by the Inter-Jurisdictional Pursuit
Policy Agreement.
c. No more than three (3) vehicles from the combined agencies will be
involved in any pursuit.
I. PURSUIT REPORT AND ADMINSTRATIVE REVIEW: The Town
Marshal/SRO will complete the pursuit summary on the Westlake Marshal's
Office pursuit form. A report summary will be written whether an apprehension
is made and irrespective of whether a case report is written. The pursuit
summary will then be forwarded to the Roanoke Police Department. Town
Marshal will sign offon the pursuit summary and forward to the Roanoke Police
Department. Any problem or criticism of the pursuit may be brought up at any
level. After the Roanoke Police department reviews, the report will be shared
with the Court Administrator and Town Manager/designee. The pursuit
summary must contain, in addition to the who, what, when, where and why:
1. Reason for the pursuit;
2. Result of the pursuit;
3. That the Court Administrator and Town Manager/designee are notified.
4. That the Communications Center was advised of the pursuit and kept
apprised of direction, location, etc.;
5. Description of vehicle pursued;
6. Number of occupants in vehicle pursued, if known;
7. Rates of speed involved;
8. Volume of traffic during pursuit;
9. Weather and road conditions;
10. Crimes or charges involved;
11. Injury to any party;
12. Damage to property;
13. If a second police vehicle was involved in the pursuit, it must also be
noted;
14. If other jurisdiction(s) were involved, their involvement and any charges
brought by the other jurisdiction(s) should be noted; and
15. Any other notable events.
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J. ANNUAL ANALYSIS OF DEPARTMENT PURSUITS: Annually, the Town
Marshal/SRO will prepare an analysis/report of the preceding year concerning
pursuits. This report will be forwarded to and approved by the Court
Administrator. The following are items to be covered in the report, which may
reveal patterns or trends that indicate training needs and/or policy
modifications:
1. Town Marshal/SRO frequency;
2. Pursuit ended in an accident either by the officer or the person pursued;
3. Injuries sustained, if any;
4. Number of pursuits resulting in apprehension;
5. Number of pursuits ended by pursuing Town Marshal/SRO;
6. Number of pursuits called off by the Town Marshal/SRO;
7. Incidents of policy violation;
8. If known, the suspect (s) gender, age and race;
9. If known, the suspect (s) state of mind at the time of the pursuit (i.e.:
mental illness, drugs or alcohol consumption); and
10. A review of pursuit policies and reporting procedures.
K. ROADBLOCKS: A roadblock is an obstruction in the roadway, natural or
manmade, having the purpose of stopping vehicular traffic. Extreme dangers
are inherent in the use of roadblocks; therefore, this directive mandates that
they be employed only for purposes outlined in this directive. At no time will a
roadblock be utilized to end a pursuit.
1. Purpose: The use of roadblocks is limited to the following reasons:
a. For specific law enforcement operations, including, but not limited to
major crime investigations, random stop-checks, or similar activities.
2. Procedures: The establishment of roadblocks will be perFormed in
compliance with the following. The use of a roadblock must:
a. Be approved by the Town Marshal/SRO.
b. Be established in an area of sufficient visibility or illumination so that
the approaching vehicles can observe the roadblock from a safe
distance.
c. Be of a fixed type.
d. Involve unoccupied department vehicles only, if motor vehicles are
employed. Private vehicles will never be used as a barricade. The
Town Marshal/SRO will position themselves safely away from the
vehicles and on the same side of the roadway.
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e. If established for roadside stop-checks, have a written plan, approved
in advance by the Town Marshal/SRO. The plan will specify the
equipment necessary to conduct the operation, and the procedures
for directing and controlling traffic.
MOBILE DIGITAL RECORDING SYSTEMS
200.02
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: This policy is to provide the Town Marshal/SRO with guidelines for
the use of in-car video and body worn camera equipment.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to operate the audio
and digital recording units in accordance with this directive.
2. It will be the responsibility of the Town Marshal/SRO to coordinate the
instruction in the proper use of the audio and digital recording units.
3. It will be the responsibility of the Town Marshal/SRO who initiated the
digital recording to classify and/or attach a video if it is associated with a
case.
II. DEFINITIONS:
A. BODY WORN CAMERA (BWC): Any device that can be worn on the body and
capture digital multimedia evidence.
B. IN-CAR VIDEO CAMERA SYSTEMS: Any device attached to a police vehicle
which captures digital multimedia evidence.
C. MOBILE DIGITAL RECORDING (MDR): An electronic recording device (in car
video camera system or body worn camera) that is capable of making a video
and/or audio recording of interaction between the Town Marshal/SRO and the
public. The recording is stored digitally.
D. PRIVATE SPACE: A location in which a person has reasonable expectation to
be safe from uninvited intrusion or surveillance but does not include a place to
which the public has lawful access.
III. POLICY:
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A. It will be the policy of the Westlake Marshal's Office that the MDR units will be
activated during contacts between the Town Marshal/SRO and the public in
accordance with the guidelines established in this directive.
B. It will be the policy of the Westlake Marshal's Officethat the MDR units will be
employed only in a lawful manner, in accordance to applicable state and federal
laws.
IV. PROCEDURES:
A. PROGRAM OBJECTIVES: This agency has adopted the use of MDR, in order
to accomplish several objectives, including:
1. Accurate documentation of events, actions, conditions and statements
made, during arrest and critical incidents, so as to enhance departmental
reports, collection of evidence, and testimony in court; and
2. Enhancement of this agency's ability to review probable cause for arrest,
arrest procedures, the Town Marshal/SRO and suspect interaction, and
evidence for investigative purposes, as well as for departmental training.
3. Provide this department and its employees some protection from frivolous
or fabricated misconduct complaints.
4. Provide another avenue of transparency
B. EQUIPMENT:
1. The vehicle used by this department is equipped with an in-car video
camera system that syncs to the Town Marshal/SRO assigned BWC.
2. The Town Marshal/SRO assigned a BWC shall wear the BWC on their
person when one of their primary functions involve dealing with the public.
In addition, officers working at special events will wear a BWC on their
person.
3. Strip searches will not be recorded by BWC.
C. OPERATING PROCEDURES: The Town Marshal/SRO shall adhere to the
following procedures when utilizing MDR equipment.
1. ACTIVATION:
a. In-car video camera equipment installed in a vehicle is the
responsibility of the Town Marshal/SRO. BWCs are the
responsibility of the Town Marshal/SRO assigned to that BWC. MDR
equipment.
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b. The Town Marshal/SRO shall determine whether the MDR
equipment is working satisfactorily and shall immediately bring any
problems discovered, at this or any other times, to the attention of
the Court Administrator. During the Town Marshal/SRO's routine
MDR check, they will ensure that:
(1) The recorder is positioned and adjusted to record events.
(2) The Town Marshal/SRO is logged into the MDR.
(3) If applicable, the in-car video camera system and BWC are
synced, and the MDR is operational, in order to provide
narration with the video recording, to explain the reason for the
current or planned enforcement action.
(4) The MDR activates by light bar activation, BWC activation, and
manual monitor/recorder box activation, as applicable.
(5) The MDR has an adequate digital memory and batteries to
complete their tour of duty. The in-car videos are uploaded
utilizing the removable USB drive that is installed in the in-car
DVR. Only the Town Marshal/SRO or Court Administrator can
upload the video into the secure Digital Evidence Library. When
the Town Marshal/SRO observes an uploading issue, the issue
will be immediately reported.
c. The in-car camera system, along with the Town Marshal/SRO BWC,
is automatically activated anytime a patrol vehicle's emergency
equipment is activated. The programed MDR will also record upon
activation of the BWC or the vehicle travels in excess of 100 MPH.
The in-car camera system will automatically record a designated
length of video prior to activation (usually 30 seconds).
d. MDR equipment that is using "Record-After-the-Fact" will
continuously record video only. The Town Marshal/SRO or Court
Administrator may convert this background recording to a pre-event
recording for instances where an officer did not/was not able to press
record. This feature will only be used for law enforcement purposes
and is only available until the memory is overwritten with new data.
e. BWCs will be worn and on at all times when in contact with a person
the Town Marshal/SRO suspects has committed an offense or is
about to commit an offense. The audio recording will not activate
unless the video recording has been activated.
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f. The events to be documented by MDR shall include, but are not
limited to, the following:
(1) All traffic stops, pursuits, code responses, enforcement actions,
prisoner transports, field contacts, motorist assists, courtesy
escorts, and pedestrian stops.
(2) Actions of suspects during interviews, when undergoing
sobriety testing, when placed in custody, or in any circumstance
where the recording could prove useful in later judicial
proceedings;
(3) Circumstances at crime and accident scenes or other events,
such as the confiscation and documentation of evidence or
contraband.
(4) Recording of victim, suspect or witness statements and
demeanor upon initial response to incidents.
g. The Town Marshal/SRO is not prohibited from recording any contact
they feel is becoming controversial or dangerous, etc. For safety, at
no time will an interview be conducted between two vehicles. The
Town Marshal/SRO should be cognizant of performing duties within
the scope of the camera's field of view when possible. When feasible
to do so, the camera should be turned to capture critical activities
perFormed by the Town Marshal/SRO or actions of suspects.
h. The Town Marshal/SRO will note in incident, offense, arrest, or other
related reports when audio or digital recordings were made during
the incident being reported.
i. In the event the Town Marshal/SRO fails to activate the MDR or
notices a malfunction during a call for service as required by this
General Order, the Town Marshal/SRO will document the incident.
This may be accomplished in the call for service sheet comments,
incident report, and/or supplement report.
2. DEACTIVATION:
a. After each use, the in-car camera must be manually deactivated from
inside the vehicle. BWCs may be deactivated on the camera.
b. The Town Marshal/SRO is responsible for classifying or "tagging"
their videos upon deactivation according to enforcement action
taken.
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c. The Town Marshal/SRO is not required to record, and they may turn
off the MDR when conducting traffic control while using the
emergency lights of the police vehicle for safety reasons or the
exchange of information between Public Safety personnel.
d. The Town Marshal/SRO will not be required to activate the MDR
equipment to capture non-law enforcement actions including, but not
limited to, community programs, meal breaks, stops at convenience
stores, fueling, etc. Should a non-law enforcement action become
enforcement related, the Town Marshal/SRO will active the MDR
equipment manually.
e. The Town Marshal/SRO will not disable, disrupt, tamper, or
otherwise interFere with a required recording. The digital video and
audio recording of all required and enforcement activations must
cover the entire event without "dead" spots caused by the Town
Marshal/SRO disabling equipment.
f. All MDR equipped vehicles that are permanently disabled through a
fleet accident, shall have the memory card from the MDR removed,
uploaded, and secured by the Town Marshal/SRO.
3. EXPECTATION OF PRIVACY
a. The Town Marshal/SRO shall not intentionally create recordings of
themselves or others in areas where a reasonable expectation of
privacy exists such as locker rooms, restrooms, etc.
b. The Town Marshal/SRO shall not use MDR for the clandestine
recording of the voice or image of a member of the Department.
c. The Town Marshal/SRO shall not knowingly record undercover
officers or confidential informants.
d. The Town Marshal/SRO shall not use MDR to record any type of
personal activities.
e. The Town Marshal/SRO shall not create recordings in patient care
areas of inedical facilities unless the recording is for official police
business such as a criminal investigation, dying declaration, or a
specific call for police service; in compliance with Federal HIPPA
regulations.
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D. DIGITAL VIDEO CONTROL AND MANAGEMENT:
1. All digital media captured using MDR is considered the property of the
Westlake Marshal's Office. Accessing, copying, or releasing captured
recordings must be in accordance with this General Order.
2. The in-car videos are uploaded utilizing the removable USB drive that is
installed in the in-car DVR. Only the Town Marshal/SRO can upload the
video into the secure Digital Evidence Library. BWC must be downloaded
to the secure network through physical docking.
3. All recordings shall be securely downloaded no later than the end of the
Town Marshal/SRO's shift by that employee. In the event that the Town
Marshal/SRO is involved in a critical incident (e.g., officer-involved
shooting), the investigating public safety agency will download the
recording as soon as practical. If a BWC was utilized, the investigating
public safety agency should take physical custody of the BWC and
download the recording as soon as practical.
4. BWCs will not be taken home with the Town Marshal/SRO with video
evidence that has not be submitted. If the Town Marshal/SRO needs to
take a BWC with them after their shift but their assigned BWC needs to
download a recording, the Town Marshal/SRO will dock their BWC and
take another BWC with empty memory.
5. The Mobile Digital Video system requires users of the system to log in
using a username and password to control access to the video evidence
and case data maintained by the system. Access to the electronically
stored files are restricted to personnel designated by the Town
Marshal/SRO.
6. Retention of digital recordings will be based on the Town Marshal/SRO'S
classification of the recording. All digital recordings will be securely stored
in accordance with state retention schedules. All recordings related to a
law enforcement purpose will be retained by the department for a
minimum of ninety (90) days.
7. Any digital recording stored off the secure server (CD, DVD, etc.) that is
placed into a records file will be destroyed by following the records
retention schedule.
8. Public requests through the Freedom of Information Act will be handled
according to the state law pertaining to open records. These requests will
be handled through the Town Manager's Office. Digital recordings made
in a private space will be redacted prior to release.
9. The Town Marshal/SRO shall be allowed to review the recording from
their MDR at any time. To help ensure accuracy and consistency, the
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Town Marshal/SRO is encouraged to review recording prior to preparing
reports. If the Town Marshal/SRO is giving a formal statement about a
use of force or if the Town Marshal/SRO is the subject of a disciplinary
investigation, the Town Marshal/SRO shall: <attorney thoughts and
review>
a. Have the option of reviewing the recordings; and
b. Have the right to review recordings from other recording devices
capturing the Town Marshal/SRO's image or voice during the
underlying incident.
10. The Town Marshal/SRO (or any outside agency assisting in conducting
an Internal Affairs Investigation) may review any Town Marshal/SRO
activated MDR videos at any time and may authorize another member to
do so for the purposes of investigation, training or any other law
enforcement purpose. Furthermore, detectives and or investigators from
an outside department assisting in an investigation may review any
employee activated MDR video as needed to perform their duties within
the department. Supervisors authorized to access "Record-After-the-
Fact" shall only do so for specific investigations where there is reason to
believe video of law enforcement value is on the MDR but the video
system was not activated by the em ployee.
11. The Town Marshal/SRO shall not afford individuals outside the
parameters of law enforcement the opportunity to review a segment of any
video without prior authorization from the Town Marshal/SRO.
12. The Town Marshal/SRO shall not make unauthorized screen grabs,
screen recordings, or copies of MDR videos.
E. RECORDING USE IN COURT/ FORMAL VENUE:
1. When a recording is being stored as evidence, and there is a request to
present the recording to court or some other type of venue, the Town
Marshal/SRO should make a request in writing to the Town Manager's
Office if the prosecuting attorney has not already received a copy through
a formal request.
2. All digital recordings for all charges Class B and above will be copied by
the Town Marshal/SRO without a request. If the Town Marshal/SRO
makes an arrest for a Class B offense or higher the Town Marshal/SRO
is responsible for flagging the video for a DME case. Once the recording
has been copied the Town Marshal/SRO will forward the digital copy to
the DA for filing the case. Class C offenses will only be copied if the case
is needed for a scheduled court appearance.
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F. REPAIR AND MAINTENANCE:
1. Repairs and replacement of damaged or non-functional MDR equipment
is performed as soon as possible.
2. Repair of equipment will be processed through the manufacturer or
designated repair facility.
3. The Town Marshal/SRO should periodically clean the lens of the camera
with a clean dry lens cleaning cloth only (paper towels, tissue, etc. may
scratch the lens). Any dirt that cannot be removed with a dry cloth should
be removed with water and a mild detergent then wiped with a dry cloth.
G. TRAINING:
1. The Town Marshal/SRO will be provided training in the required use,
operation, and maintenance of MDR equipment during initial training and
as needed.
EMERGENCY RESPONSE CODES
200.03
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish procedures for responding to calls
for service.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to monitor radio
traffic.
II. DEFINITIONS:
A. Code Three: Proceed with haste, using emergency equipment lights and siren
constantly. Speed shall be governed by conditions, safety to others, and
restrictions established by State law.
B. Vehicle Apprehension Drivinq: Acceleration of the Town Marshal/SRO's
vehicle in an effort to make contact with violator's vehicle and insure the driver
is properly notified that a police officer requires the violator vehicle to stop.
C. Pursuit Drivinq: The driver of a vehicle is aware that the Town Marshal/SRO is
driving a police vehicle with emergency lights and siren is attempting to
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apprehend him or her and the driver of this vehicle attempts to avoid
apprehension by increasing speed or taking other evasive actions.
D. Emerqency Call: Calls involving imminent threat to life; calls indicating serious
injury, or which may jeopardize human life. Use of Code Three response is
perm itted.
E. Non-Emerqency Call: Calls of a non-life-threatening nature. Normal driving
behavior is to be followed.
III. POLICY:
A. It is the policy of the Westlake Marshal's Office that at any time the Town
Marshal/SRO is operating a Town vehicle or whenever operating any vehicle
on duty, such operation is conducted in compliance with policy and reasonable
standards of safety, giving consideration to the conditions present at that time.
B. It is the policy of the Westlake Marshal's Officethat the Town Marshal/SRO will
prioritize emergency calls over non-emergency calls and respond
appropriately. All calls are assigned a priority number in CAD.
IV. PROCEDURES:
A. RESPONSE CODES:
1. In order to apprehend violators of the law and to offeradequate assistance
and protection to the citizens of Westlake, the department recognizes the
necessity to respond under emergency situations as rapidly as possible.
It is further recognized that discretion is necessary when making an
emergency run and that the safety and well being of all citizens is of
primary concern. Indiscriminate driving habits can only serve to
jeopardize life and property.
The Town Marshal/SRO shall not exceed maximum limit or fail to obey all
traffic control devices, unless operating under the manner prescribed in
this policy.
2. Leqal Implications in Runninq Emerqency Code: Texas motor vehicle
laws provide specific exceptions to the laws for authorized emergency
vehicles. When responding to an emergency call or when in the pursuit
of an actual or suspected violator of the law, the Town Marshal/SRO
(driver) of an emergency vehicle may:
a. Park or stand, irrespective of the provisions of the law.
b. Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation.
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c. Exceed the maximum speed limits so long as life or property is not
endangered.
d. Disregard regulations governing discretion of movement or turning in
specific directions.
The exceptions stated above are granted to an authorized
emergency vehicle only when such vehicle makes use of audible and
visual signals. Texas motor vehicle laws further state the special
conditions do not relieve the driver of an authorized emergency
vehicle from the duty to drive with due regard for the safety of all
persons, nor do they protect the driver from consequences of his
reckless disregard for the safety of others.
3. General Criteria Applied in Assiqnment of Code Three:
a. Code Three: Assigned to calls involving imminent threat to life.
Examples: Major injury accidents, assist officer calls, "in progress"
calls of major consequences. It may be used in apprehension of an
offender fleeing from an offense identified in the next section b (2).
Note: The Westlake Marshal's Office will not typically respond to
major accidents, burglaries or theft calls in progress unless
requested by KPD or another outside agency.
b. Authorized code three initial response calls will include only the
following categories:
(1) Officerin trouble
(2) Deadly assault in progress
(a) Armed robbery in progress
(b) Sexual assault in progress
(c) Other calls indicating serious injury, or which may
jeopardize human life.
c. The Town Marshal/SRO may override the provisions of this section.
d. The Town Marshal/SRO will not utilize code three unless authorized
under this policy.
e. Vehicles without emergency signal equipment (lights and siren) are
not assigned emergency codes and will at no time operate as an
emergency vehicle.
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f. The Town Marshal/SRO responding to calls not assigned code three
status have discretionary right to run emergency code if they have
prior knowledge that circumstances might involve threat to life.
Notification must be given to the Public Safety Dispatcher that such
discretion is being exercised. The Town Marshal/SRO retains
authority at all times to override any decision made regarding the
assignment of emergency code status.
4. Emerqency Response Considerations: Due regard for the safety of others
and the application of good driving practices should characterize the
running of emergency code.
a. Use of the vehicle's emergency equipment (lights and siren)
amounts to a request for right-of-way but does not ensure that other
motorists will yield right-of-way.
(1) Emergency response speed is determined by the nature of the
call and, most importantly, by such things as weather, road,
density of population, and existing traffic conditions.
(2) When entering an intersection under emergency conditions and
upon finding the main traffic lanes blocked, the left turn lane
should be the first alternative. Secondary alternatives are any
other open traffic lanes. The final alternative includes service
stations or other business establishment driveways but only
when exercising extreme caution.
(3) When approaching traffic traveling in the same direction, the
approach should be slow enough to allow that traffic to move
out of the way.
(4) If the Town Marshal/SRO is disregarded, the Town
Marshal/SRO should select the first available side street, turn
down the street, and then shut down the emergency equipment.
Terminating emergency signals in the middle of moderate to
heavy traffic can prove hazardous.
(5) Audible signal should be sounded well in advance of entering
an intersection. It is good practice to stop prior to entering any
intersection against a red traffic signal or stop sign.
(6) When entering an intersection with a green traffic signal, it is
good practice to significantly reduce the vehicle's speed,
keeping in mind that proper evasive action may involve braking
or accelerating dependent upon the circumstances at hand.
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(7) Extra caution should be used when topping hills or rounding
blind curves, especially when responding to accident calls.
Wreckage in the roadway may not be visible to the approaching
emergency vehicle and a secondary crash could result.
(8) Children are often drawn to the sound of sirens. Extreme
caution should be exercised in and around schools and
residential areas to avoid children who might run into the streets
ahead of approaching emergency vehicles.
(9) The Town Marshal/SRO should be alert to traffic from side
streets, to pedestrians and to stalled vehicles.
(10) Operators of emergency vehicles running code three should
keep in mind that other vehicles are required to yield to the right
only and that the left portion of the roadway should be used
whenever possible.
(11) The Town Marshal/SRO who changes the response call
designation shall immediately notify the Public Safety
Dispatcher. The Town Marshal/SRO shall state the reasons for
changing the response designation.
RAPID RESPONSE
300.01
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures for response to an
active shooter or active terrorist incident for the Westlake Marshal's Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshall/SRO to study, understand,
and follow the policy and procedures set forth and established in this
directive.
2. The Town Marshal/SRO would take command only until KPD or another
agency arrived
3. It will be the responsibility of the Public Information Officer to notify and
update the media and community of any rapid response event.
4. It will be the responsibility of the Town Marshal/SRO to be trained in this
policy and to conduct an annual review of this policy, training needs, and
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equipment needs.
II. DEFINITIONS:
A. ACTIVE SHOOTER: One or more subjects who participate in a random or a
systematic homicidal spree by demonstrating their intent to continuously harm
others. The subject's overriding objective appears to be mass murder rather
than other criminal conduct, such as robbery, hostage taking, etc. For the
purpose of this policy, the term "active shooter" will also include anyone who
uses any other deadly weapon (knife, club, bow and arrow, explosives, etc.) to
systematically or randomly inflict death or serious bodily injury on others over
a continuous or extended period of time.
B. ACTIVE TERRORISM: An activity that involves an act dangerous to human
life or that is potentially destructive to critical infrastructure or key resources, is
a violation of the criminal law, and is intended to intimidate or coerce the civilian
population; influence a government; or affect the conduct of a government by
mass destruction, assassination, or kidnapping.
C. BARRICADED PERSON: A situation in which a person(s) who is armed or
believed to be armed, suicidal, or mentally unstable resists being taken into
custody by barricading himself in a room, building or other location.
D. CONTACT TEAM: An officer or group of officers who are the first line of police
response in a rapid response event. Contact teams move quickly through
unsecured areas bypassing the dead, wounded, and panicked citizens with the
goals of locating, isolating, and neutralizing the active threat. The optimal
number of officersfor a contact team is four (4).
E. DIRECT THREAT/ HOT ZONE: Any area of operation in which there is a direct
and immediate threat of serious bodily injury or death to people and first
responders.
F. EVACUATION AREA / COLD ZONE: Any area of operation in which there is
not a significant threat to citizens or first responders. This area will include but
not limited to Command, Fire/EMS personnel, Police support, and medical
services.
G. EVACUATION TEAM: The final line of police response in a rapid response
event whose goal is to control the removal of innocent parties to pre-designated
safe areas when the threat(s) are contained or eliminated.
H. HOSTAGE INCIDENT: A situation in which a person(s) holds another
person(s) against their will by force, threat or violence, and law enforcement
officials are present at the scene attempting to obtain the release of the
hostage.
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I. INDIRECT THREAT/WARM ZONE: Any area of operation in which there is a
potential threat to people and first responders, but the threat has been mitigated
by the tactical deployment of personnel and equipment.
J. PERIMETER TEAMS (INNER AND OUTER): The third line of police response
in a rapid response event whose goal is to shrink the perimeters, provide a safe
area for the evacuation of injured, cut off suspect escape routes, and allow for
the evacuation of a portion of the building.
K. RAPID RESPONSE: The swift and immediate deployment of law enforcement
resources to an on-going, life threatening situation where delayed deployment
could otherwise result in death or serious injury to innocent persons.
L. RESCUE TASK FORCE (RTF): A minimum of 2 Officers and 2 EMS whose
sole responsibility is to treat wounded and coordinate casualty evacuation. The
rescue task force will work in coordination with incident command and will not
operate in a Direct Threat / Hot Zone area.
M. RESCUE TEAM: The second line of police response in a rapid response event
whose goals are to locate injured, provide immediate treatment, triage, and
evacuation if necessary. If confronted by an active threat they will respond as
a contact team. The rescue team will consist of at least four (4) officers.
N. TACTICAL EMERGENCY CASAULTY CARE (TECC): The delivery of trauma
care in a high threat pre-hospital environment.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to respond, contain, and
stop threats and to administer aid to victims. When the Town Marshal/SRO is
faced with the ongoing or reasonably likely continuation of the use of deadly
force by a suspect(s), and delay in action by police could result in additional
deaths or injuries, officers shall use rapid response tactics to eliminate the
threat.
B. It will be the policy of the Westlake Marshal's Office that authority to implement
this plan shall rest with the Town Marshal/SRO or the designated Incident
Commander.
C. It will be the policy of the Westlake Marshal's Office to use the services of
recognized police emergency technicians, trained in bomb disposal operations,
when a suspected bom b has been located.
IV. PROCEDURES:
A. OFFICER RESPONSE:
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1. All radio use for emergency traffic only.
2. Units equipped with emergency lighting and siren will respond code three.
3. During a rapid response event, officers will prioritize response by the
following:
a. Eliminate the threat/stop the active shooter(s);
b. Rescue the victims;
c. Provide medical assistance;
d. Conduct a safety sweep for unknown hazards;
e. Evacuate citizens; and
f. Preserve the crime scene.
4. Directed fire:
a. Directed fire is not used as "warning shots."
b. Directed fire towards the suspect is permissible as long as it does
not appear that there are innocent victims in the line of fire.
c. Directed fire is controlled fire on a threat used to protect officers
moving into a position of advantage over the suspect.
5. Public safety personnel should make entry at a location other than the
main entrance, if possible, as this is the place where a suspect might
logically set up barricades, explosives, or an ambush.
6. Initial Response:
a. The initial responding officers have the responsibility for stopping
active shooters/active terrorists immediately and aggressively. The
Keller Police Department has primary law enforcement jurisdiction
for the Town of Westlake and will be the initial primary responding
agency along with the Westlake Town Marshal.
b. A single officer entering a structure is not ideal but must be allowed
to act singularly if the officer feels that a delay in entry will place more
victims in danger and waiting for more officers will allow the
suspect(s) more time to injure or kill more victims. The single officer
must understand the inherent risk assumed in taking such action.
c. The first officers on scene will form a contact team and:
(1) Stay together as much as possible and enter the involved
structure quickly;
(2) Maximize communication by maintaining contact with other first
responders and dispatch;
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(3) Maximize threat coverage by addressing all angles;
(4) PerForm threshold evaluations (the technique used to search
the majority of a room prior to entering the room);
(5) Differentiate between "slow search" (no active threat) and
"direct-to-threat" speeds (active threat present) and use the
appropriate speed for the circumstances;
(6) Differentiate between a rapid response situation and a
barricaded person/hostage incident and respond appropriately;
and
(7) Use cover-contact principles when taking suspects into
custody.
7. Additional Arriving Officers:
a. Additional arriving officers will:
(1) Establish a command post/staging area and continue the
incident command system. Any change in incident command
will be made known to officers and dispatch;
(2) Form additional contact teams;
(3) Form rescue teams;
(4) Establish a perimeter and perimeter teams;
(5) Establish evacuation teams, evacuation corridors, and
coordinate evacuations to a designated area;
(6) Coordinate medical support and a Casualty Collection Point for
injured persons capable of holding victims with injuries that
require medical treatment;
(7) Conduct a safety sweep for persons and hazards/bombs;
(8) Form Rescue Task Forces in coordination with EMS personnel
as described below.
(9) Preserve the crime scene and collect evidence; and
(10) Maintain communications with other law enforcement
personnel and dispatch.
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b. The scene shall be kept secure until the Incident Commander has
declared the scene to be opened.
8. Rescue Task Force (RTF):
a. RTFs will be utilized to rapidly deliver tactical emergency casualty
care to an Active Shooter / Rapid Response scene to affect rescue
and save lives.
b. RTFs will operate under the following guidelines:
(1) Operate in coordination with Incident Command;
(2) Operate in Indirect Threat/Warm Zones and Evacuation/Cold
Zones;
(3) Officers provide force protection and tactical movement of the
team. Officers will not assist in any care, lifting, or carrying of
casualties;
(4) EMS personnel provide triage, medical stabilization, and
evacuation or shelter-in-place;
(5) Movementwill be made through designated Ingress and Egress
corridors;
(6) Casualty Collection Points may be designated if appropriate to
aid in the treatment and movement of casualties to the
Evacuation/Cold Zone.
9. Explosives:
a. When a team locates a possible explosive device:
(1) Visually inspect the device;
(2) Consider alternate route based on condition of device (e.g.
timer activated, burning fuse, etc.);
(3) Move quickly away from device;
(4) Do not move or touch the device;
(5) Verbalize location of the device to the rest of the team;
(6) Report location of device to other teams, ICP, and dispatch;
(7) Limit use of radios, cell phones, or electronic devices;
(8) Move past device and continue search;
(9) If possible, mark location of device; and
(10) Be aware of possible booby traps.
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b. Emergency personnel trained in bomb disposal will be called when a
suspected bomb has been located.
B. At the direction of the Incident Commander, Dispatch will be responsible for
requesting mutual aid and recall of off duty personnel.
C. MUTUAL AID:
1. Upon assessing the scene, additional law enforcement, fire and rescue
agencies may be requested. This will be requested through Keller PD
since they should be on scene and in command of the event.
2. Mutual aid will be requested as needed.
D. MEDIA:
1. All requests for information should be funneled through the Public
Information Officer (PIO) for vetting and coordination. The Town of
Westlake PIO will coordinate with the City of Keller PIO since Keller PD is
the primary law enforcement for the Town of Westlake. Consideration
should be given to establish a media staging location that is not within the
immediate vicinity of the event.
2. The Town's PIO, at the direction of the Town Administrators, will be
responsible for sending information over the town website, social media,
and the emergency notification system.
E. POST INCIDENT REVIEW:
1. All supplemental narratives and forms will be completed as required and
forwarded to the Keller Police Department.
2. Professional counseling will be provided to involved employees as
appropriate.
F. TRAINING:
1. All full-time and part-time officers will be trained in this policy at least
annually.
2. Hands-on rapid response training forfull-time personnel will be conducted
at least triennially.
G. ANNUAL REVIEW: The Town Marshal/SRO will complete an annual review of
this directive and training/equipment needs.
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SCHOOL RESOURCE PROGRAM
300.02
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: The Police School Resource program was established to create
better two-way communication and rapport between the youth, police officers,
and the school administration. This will hopefully dispel negative feelings
towards the police and the criminal justice system and may also result in a
decline in the number of juvenile offenders. The School Resource Officerwill
also provide a safer school environment for all.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO to establish a good
relationship with the students, which would help solve reported crimes and
also reduce the amount of juvenile related offenses.
II. DEFINITIONS:
A. LIASION: A bond or close relationship. Any form of intercommunication.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Officeto establish an environment
of shared ownership and responsibilities with Westlake Academy, including
staff, students and parents. To identify and address public safety issues,
campus concerns and to implement solutions.
IV. PROCEDURES:
A. DUTIES OF THE TOWN MARSHAL/SRO ARE AS FOLLOWS:
1. Lecture classes on topics such as law enforcement roles, law, drug abuse,
peer pressure, bullying, ethical issues, and home security, as available.
2. Be available to counsel/mentor students.
3. Assist Keller PD (the primary law enforcement agency for the Town of
Westlake) with violations of the law that occur on school property, such as
trespass situations, thefts, burglaries, fights, and other offenses covered
by the school code and complete necessary reports and paperwork.
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4. Assist investigators on cases involving students by providing personal
information on the suspects from school records, interviewing, and
acquiring other requested information.
5. Attempt to identify drug abusers and obtain a drug assessment from the
school district's drug counselor.
6. Attend school extracurricular activities at the request of principals or
Administrators, with approval from the Court Administrator, in conjunction
with their Town Marshal/SRO assignments. They will be compensated at
their overtime or compensation time rate by the Town of Westlake.
7. The Town Marshal/SRO will be available to schools during school hours—
as best as possible, vacation time should be used when school is out of
session. School principals will be notified when the Town Marshal/SRO
is away from the town during school hours.
8. The Town Marshal/SRO will maintain constant communication with the
Public Safety Dispatch personnel whenever a change in status or location
has been made. They are always required to carry a portable radio with
them, unless unusual circumstances exist.
9. Counsel with parents concerning their children's behavior and/or
problems with the law or school.
10. Counsel with neighbors adjacent to the schools about students causing
criminal mischief and other criminal activities.
11. Provide a positive role model to students and maintain good relations with
the school community.
12. The Town Marshal/SRO will keep the supervisor informed of consultations
and presentations perFormed above their enforcement duties.
13. Interact with students on a positive basis during daily contacts. Town
Marshal/SRO is reminded that any actions taken regarding custody
situations must be done within their statutory authority.
14. Attempt to identify and classify gang members. Town Marshal/SRO will
acquire and disseminate information on gangs to the Keller Police
Department and, when practical, to the general public.
B. QUALIFICATIONS AND TRAINING: Minimum qualifications for consideration
as a Town Marshal/SRO:
1. A minimum of 5 years' experience as a full-time police officer.
2. Demonstrate the ability to work both independently and as part of a group.
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3. Willingness to adjust schedules as necessary.
4. Demonstrate the ability to work effectively with juveniles.
5. Demonstrate a history of positive public contact.
6. Ability to work with administrative and managerial personnel.
7. Preferred qualifications include a bachelor's degree and
instructional/public speaking experience.
8. Training:
a. Complete an approved basic SRO course within 180 days of
assignment to the unit.
C. VEHICLES AND EQUIPMENT: The Town Marshal/SRO will wear their
standard issued police uniform and drive their assigned marked vehicle while
on duty during school hours, unless their assigned vehicle is out of service for
repairs. The Town Marshal/SRO can follow the Town of Westlake Personnel
Policy 5.03 (Dress Code) referencing "casual days" as stated in the manual.
The Town Marshal/SRO are responsible for the upkeep of the vehicle and
equipment assigned to them. Equipment in need of repair or replacement
should be reported immediately to the Court Administrator.
D. SCHOOL VISITS:
1. The Town Marshal/SRO will report to their assigned school as soon as
possible each day.
2. The Town Marshal/SRO will attend lunch at Westlake Academy at least
once each week. Daily school lunches are not required.
3. While on campus, the Town Marshal/SRO will be available to assist any
school personnel or student.
E. TEACHING:
1. The Town Marshal/SRO will make structured presentations to students in
a classroom or assembly setting as requested by school administrators
and teachers.
a. The Town Marshal/SRO will schedule classes as far in advance as
possible to ensure adequate participation.
b. The Town Marshal/SRO will avoid canceling or postponing
scheduled classes if possible and will make necessary rescheduling
in a timely manner.
c. The Town Marshal/SRO will maintain current reference material, so
information presented is accurate.
2. The Town Marshal/SRO will use only approved lesson plans.
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3. The Town Marshal/SRO is expected to participate in lesson plan
development and new program planning.
F. ENFORCEMENTACTION:
1. The Town Marshal/SRO will enforce criminal laws (including relevant
Texas Education Code provisions) in accordance with policies and
procedures when necessary, using discretion to resolve situations in other
ways when that would be more appropriate.
2. The Town Marshal/SRO will not use criminal law enforcement authority to
enforce school rules or disciplinary action.
3. The Town Marshal/SRO may conduct intervention with students
suspected of being truant but will not enforce truancy laws. Suspected
truants will be referred to school officials for handling.
4. The Town Marshal/SRO will not participate in searches initiated by the
school personnel. The Town Marshal/SRO may perform searches
necessary for their own and others' safety and pursuant to the laws of
search and arrest.
5. The Town Marshal/SRO will not disclose any investigative information that
will hamper a pending investigation. No information will be released to a
Westlake Academy employee regarding a student's criminal activity other
than that required by law.
MENTAL HEALTH ENCOUNTERS
300.03
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: It is the intent of the Westlake Marshal's Office to provide uniform
guidelines in interacting with persons suspected of suffering from mental
illness.
B. Responsibility:
1. The Town Marshal/SRO should only transport in the event that the outside
public safety agency agrees with the transport. The Town Marshal/SRO
will be responsible for completing the appropriate admissions forms for
emergency detention.
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II. DEFINITIONS:
A. MENTAL ILLNESS: Any of various conditions characterized by impairment of
an individual's normal cognitive, emotional, or behavioral functioning, and
caused by social, psychological, biochemical, genetic, or other factors, such as
infection or head trauma.
B. EMERGENCYADMISSION: A statutorily prescribed process performed by a
peace officerwho has reason to believe that a person is mentally ill and is likely
to injure himself or others if not immediately restrained. The Town
Marshal/SRO may then take such person into custody and immediately
transport such person to the nearest appropriate hospital for temporary
detention and evaluation.
C. MY HEALTH MY RESOURCES (MHMR): An independent local entity that
provides services to persons with mental illness, intellectual disabilities,
addictive behavior, and early childhood development delays. In addition,
MHMR provides crisis intervention, case management, vocational and
residential services, supported employment, drug abuse, inpatient and
outpatient services, family support, physical therapy, and homeless outreach.
D. MENTAL HEALTH LAW ENFORCEMENT LIAISON PROJECT: This is an
organization affiliated with MHMR. They are a 24-hour hotline which provides
only Law Enforcement Officers telephone assistance when they come in
contact with someone, they suspect of having a mental illness. This hotline
maintains a database containing persons with mental illnesses that have come
in contact with Law Enforcement Officers within Tarrant County. They also
provide follow-up contact with those persons who have a mental illness.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to apprehend or commit
persons who have recently exhibited specific behaviors, acts, attempts or
threats which show evidence of a substantial risk of harm to themselves or
others, and such harm or risk is imminent. This will typically be done through
the outside police agency.
B. It will be the policy of the Westlake Marshal's Office to treat all persons
suspected of inental illness with dignity and respect. The Town Marshal/SRO
may encounter consumers who exhibit signs of inental illness but pose no
imminent threat to themselves or others. The Town Marshal/SRO will not get
directly involved in the commitment of these consumers but may refer them or
someone seeking assistance for them to the mental health courts, MHMR, or
private mental health providers.
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IV. PROCEDURES:
A. RESPONDING TO INCIDENTS INVOLVING SUSPECTED MENTAL
ILLNESS:
1. General Guidelines for Recoqnition of Persons Sufferinq from Mental
Health Issues:
a. The Town Marshal/SRO may form the belief that the person may be
suffering from mental health issue from:
(1) Verbal Siqns: Illogical thoughts, unusual speech patterns,
extreme and inappropriate verbal hostility or excitement.
(2) Behavioral Siqns: Physical appearance, body movements,
responding to voices or objects that are not there, lack of
emotional response, causing injury to self, extreme or
inappropriate expressions of sadness or grief and inappropriate
emotional reactions.
(3) Environmental Siqns: Surroundings are inappropriate, such as:
"pack-ratting"-accumulation of trash, hoarding, clutter;
presence of feces or urine on the walls, house is filthy or
unkempt.
(4) Information given to the Town Marshal/SRO by a credible
person.
b. Other factors to look for when dealing with a person with a mental
health issue:
(1) Inability to carryon a rational discussion.
(2) Crisis may be the result of delusions or hallucinations.
(3) Person may be frightened by uniforms and weapons.
(4) Person may behave unpredictably.
(5) Person may claim something has occurred that is not
reasonable or possible.
(6) Person may not be able to answer questions (due to inability or
stunted ability to process information).
(7) Person may have an adrenaline rush/high pain tolerance.
2. Guidelines in dealinq with persons sufferinq from mental health issues,
includinq in the field and durinq interviews/interroqations:
a. The Town Marshal/SRO should provide or obtain on-scene
emergency aid when treatment for an injury is urgent; check for
Medic Alert, Safe Return, or other such bracelets, necklaces or wallet
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cards; gather information from persons nearby; and remove
distractions and disruptive people from the immediate area.
b. If additional personnel are not immediately needed for safety and
control, they should retreat to a comfortable distance; try to avoid
causing intimidation; introduce yourself and your position (even if you
have dealt with the individual previously); remain courteous, even
when confronted by threats or verbal abuse; and indicate a
willingness to help.
c. Avoid violating the person's personal space. If you must do so,
advise the individual what you are doing and do not move quickly.
You may want to ask permission to do so. Recognize that a person's
symptoms are very real to him or her and do not minimize or try to
explain away the symptoms.
d. The Town Marshal/SRO should be professional. Do not make fun
of, taunt, or verbally abuse the person; avoid words like crazy, loony,
goofy, etc.; and avoid making sudden or rapid moves, except as a
last resort.
(1) The Town Marshal/SRO should speak simply and briefly; give
time for responses and repeat when necessary; divert the
individual's train of thought by asking for routine information;
ask simple and direct and open ended questions; try to develop
a rapport; and ask about medications, doctors and diagnoses.
(2) The Town Marshal/SRO will be empathetic; paraphrase the
person's responses to let him know you are listening and to
correct any misunderstanding.
3. Town Marshal/SRO and Patient Safety:
a. The Town Marshal/SRO, when taking a patient into custody for
dangerous behavior, should take whatever steps necessary to
ensure a safe transport of the patient.
b. The use of restraint devices shall be at the Town Marshal/SRO's
discretion unless violent behavior has been observed or reported. If
violent behavior has occurred, the patient may be restrained by
handcuffing in front if a belly chain/belt is used.
c. Remember that the patient is not under arrest for a crime but has
been taken into custody for that person's safety and the safety of
others.
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4. Field Apprehension Situations
a. Upon determining that the proposed patient meets the criteria for
apprehension, the Town Marshal/SRO may take the person into
custody and coordinate with KPD. The Town Marshal/SRO will
maintain control of the person until the arrival of KPD.
(1) Chapter 573 of the Texas Health and Safety Code allows a
peace officer to take a person into custody without a mental
health warrant if:
(a) The officer has reason to believe and does believe that a
person is mentally ill; and
(b) Because of the mental illness there is a substantial risk of
serious harm to the person or to others unless the person
is immediately restrained; and
(c) Believes that there is not sufficient time to obtain a warrant
before taking the person into custody.
(2) Substantial risk of serious harm may be determined by:
(a) The person's behavior; or
(b) Evidence of severe emotional distress; or
(c) Deterioration in the person's mental condition to the extent
that the person cannot remain at liberty.
b. Prior to leaving the scene of the apprehension, the Town
Marshal/SRO shall ensure that they have recorded the name,
address and phone number of any person that may be needed as a
witness to the proposed patient's actions. If appropriate, the Town
Marshal/SRO will obtain a written voluntary statement from
witnesses.
c. The transporting officer may contact the Mental Health Law
Enforcement Liaison Project to gather additional information on the
person and/or to inform them that they have transported an individual
on an emergency mental warrant.
5. Apprehension by a Peace Officerwith a Mental Health Warrant:
a. Application for Warrant: The Texas Health and Safety Code allows
any adult person to request that a magistrate issue a mental health
warrant for the apprehension of another person. In order to obtain
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the warrant, the person must complete an application for the
emergency detention and present an affidavit to the magistrate. The
application and the affidavit must state that the person seeking the
warrant (the applicant) has reason to believe that the person to be
apprehended shows evidence of inental illness. The person must
also show evidence that he/she is a substantial risk of serious harm
to themselves or others and that such harm is imminent unless the
person is restrained.
b. Issuance of the Warrant: After the magistrate reviews the application
and affidavit,the magistrate may issue a mental health warrant which
directs a peace officer to apprehend the patient and transport the
patient to John Peter Smith Hospital or to another hospital for an
initial evaluation by a physician. In Tarrant County, typically the
mental apprehension warrant will be submitted to the Tarrant County
Sheriff's Warrant Division for serving. Occasionally, a warrant may
be brought to the Westlake Marshal's Office for processing. If a
warrant is brought to this agency, the Town Marshal/SRO will
perForm the following:
(1) Attempt to locate the individual who is listed in the warrant. The
attempt to locate will be placed into the CAD system. If the
person cannot be located and shift change occurs, the officer
will hand the warrant to the on-coming shift supervisor.
(2) A mental detention warrant is a civil process; therefore, the
warrant will not be entered into TCIC/NCIC.
c. Police Involvement in Obtaininq Mental Health Warrants: Typically,
the Town Marshal's office should not become involved in obtaining
mental warrants. This is due to a peace officer's ability to make a
warrantless apprehension under true emergency circumstances.
The individual requesting a mental health warrant, referral or mental
health services should notify the Mental Health Screening Crisis
Hotline.
6. Seizure of a Firearm: NOTE: The Westlake Marshal's Office will only
seize a firearm in an emergency where the Keller Police Department is
not yet on scene. A law enforcement officerwho seizes a firearm from a
person taken into custody and not in connection with an offense involving
the use of a weapon or an offense under Chapter 46, Texas Penal Code,
shall:
a. Turn over the seized firearm to Keller Police Department personnel
when it is safe to do so after their arrival on scene.
b. Complete a supplemental narrative and forward it to the Keller Police
Department personnel completing the report.
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7. Non-Violent Person: People with mental health issues who present no
substantial and imminent risk of serious harm to self or others should not
be taken into custody. The procedure for voluntary commitment should
be explained to a responsible relative or friend and instructed to contact
Mental Health Services.
C. TRAINING:
1. The Town Marshal/SRO will be provided entry-level training in regard to
dealing with persons suspected of having mental health issues. Training
should include the following:
a. Basic understanding the fundamental rights, interaction, and
communication with people with mental health issues.
b. The adversity of inental health issues.
c. Suicide and the evaluation of danger levels.
d. Psychopharmacology as it relates to medications prescribed to
persons with mental health issues.
e. Understanding the legal process and techniques for apprehension.
f. Discussion of legal and societal concerns and perspectives.
g. Understanding referrals/resources in the community.
h. Jail/Court related alternatives and referrals for persons with a mental
health issue.
PRISONERTRANSPORT
400.01
Effective Date: 10/25/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures pertaining to the
transportation of prisoners at the Westlake Marshal's Office.
B. Responsibility:
1. It will be the responsibility of the Town Marshal/SRO taking a subject into
custody to safely and adequately search the subject prior to any
transporting.
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2. It will be the responsibility of the Town Marshal/SRO involved in prisoner
transport to adequately restrain and safely deliver the prisoners in their
custody.
3. It will be the responsibility of the Town Marshal/SRO involved in prisoner
transport to keep alert, maintain observation of their prisoner, and to deny
unauthorized access to or contact with prisoners.
4. It will be the responsibility of the Town Marshal/SRO to make known to
persons receiving prisoners all relevant information known concerning
safety, health, and/or security hazards.
II. DEFINITIONS:
A. HANDICAPPED PRISONER: A person with an anatomical, physiological or
mental impairment that hinders mobility.
B. PRISONER: A person who has been arrested and taken into custody.
C. RESTRAINING DEVICES: Equipment that is used to restrain the movement
of the prisoner, such as handcuffs, waist chains, or ankle chains.
D. SECURITY HAZARDS: Any threat to the security of the prisoner, to the facility
in which he/she is held, or to others with whom the prisoner may come into
contact.
E. STRIP SEARCH: Having a prisoner remove or arrange some or all of the
individual's clothing so as to permit a visual inspection of the genitals, buttocks,
anus, female breasts, or undergarment of these persons.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office to practice professional
techniques in the restraint and transportation of prisoners.
B. It will bethe policy of the Westlake Marshal's Officethat the Town Marshal/SRO
involved in prisoner transportation will not be required to transport more
prisoners than can be safely and adequately controlled by these officers.
C. It will be the policy of the Westlake Marshal's Office that juveniles will be
transported with the same security precautions as adults but will not be
transported in the same vehicles as adults.
IV. PROCEDURES:
A. PRISONER TRANSPORT OPERATIONS:
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1. PRISONER SEARCH: Prisoners shall be searched each time they are
placed in a department vehicle fortransportation. Search procedures:
a. Focus of Search: The focus of the prisoner search should be for:
(1) Weapons;
(2) Instruments which can be used to facilitate escape;
(3) Instrumentalities of the crime;
(4) Evidence of the crime; and
(5) Contraband.
b. Search by Same Sex: Female prisoners will be searched by a
female officer from an outside public safety agency on duty or by
female detention officers. Male prisoners will be searched by a male
officer or male detention officers. If a person of the same sex is not
available, then the person may be searched by someone of the
opposite sex, with the exception of a strip search. Searches
(excluding strip searches) conducted, regardless of same or
opposite sex, will be captured by video camera located in the jail or
body worn camera.
c. Strip and Body Cavity Searches: May ONLY be conducted with
authorization from the Town Marshal AND the on-duty Keller Police
Department supervisor.
2. TRANSPORT VEHICLE SEARCHES: Each time a prisoner is to be
transported, the vehicle must be examined to ensure that no contraband
or similar items are present. Vehicles are not under constant security;
therefore, it is assumed that an opportunity has existed forthe introduction
of contraband, weapons, or other items. Vehicles that are to be used for
transporting prisoners shall be searched prior to and immediately after
transporting any prisoners.
3. PRISONER TRANSPORT:
a. Protective Screen: Department vehicles equipped with protective
screens or shields will be the primary vehicles used for transporting
prisoners. Prisoners will be placed in the right rear seat of the vehicle,
handcuffed behind their backs, and seat belted. Generally, a single
officerwill transport no more than two (2) prisoners in a screen/shield-
equipped vehicle.
4. PRISONER VISUAL OBSERVATION: The Town Marshall/SRO shall
always keep prisoners in transport under observation and should not
interrupt transport. The only exceptions are:
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a. Lonq Distance Transport: In situations requiring the use of toilet
facilities in which constant observation cannot be maintained,
officers will select and search compartments prior to use by the
prisoner. The prisoner will be searched immediately after washing.
b. Assistance Durinq Transport: Only when risk to third parties is both
clear and grave and the risk to the prisoner is minimal shall an officer
stop to render assistance during a transport.
c. Detainee Safety: The Town Marshall/SRO may interrupt detainee
transport if the Town Marshal/SRO believes the detainee has
become/is becoming unsecured, has/is causing injury to themselves,
has/is causing damage to the vehicle, or needs medical assistance.
5. PRISONER COMMUNICATIONS: Prisoners will not be permitted to
communicate with anyone during transport, outside of any other person in
vehicle. The transport will not be interrupted to allow communications
between the prisoner and any other person. The prisoner will be allowed
to communicate with other persons after the transport.
6. ARRIVAL AT DESTINATION: Upon arrival at the receiving facility,
transport the Town Marshal/SRO will adhere to the following procedures
for the specific facility. The Town Marshal/SRO who transfer prisoners
are responsible for:
a. Securing of firearms. Weapons will be secured in the facility's "lock
boxes" provided for that purpose or in the trunk of a secured police
vehicle prior to entering a secured area. The transporting vehicle will
remain secured until the weapon is retrieved.
b. Removing restraining devices just prior to placing the prisoner in a
cell. Restraints will be removed by, or at the direction of the receiving
officer after the prisoner is properly controlled in a secured area of
the receiving facility.
c. Delivery of documentation to the receiving Town Marshal/SRO. The
transporting Town Marshal/SRO is responsible forthe submission of
the necessary paperwork. In situations that require it, the Town
Marshal/SRO r shall ensure that proper signatures are obtained on
paperwork.
d. Communicating to the receiving agency personnel of any potential
medical, suicide, or security risks.
e. Documenting the confirmation of the transfer from one custody to
another.
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7. PRISONER ESCAPES: In the event of an escape of a prisoner during
transport, the transporting officer shall cause the following actions to be
taken:
a. Notifications: The following notifications will be made as soon as
possible to the:
(1) Public Safety Dispatch Personnel;
(2) Town Marshal/SRO and Shift Supervisor of the Town the
escape occurred:
(a) The Town Marshal shall notify the Court Administrator and
Town Manager/designee.
(3) Police agency of the immediate jurisdiction;
(4) Police agencies of the surrounding jurisdictions; and the
(5) Police agency in the jurisdiction of prisoner's last known
address.
b. Reports:
(1) Incident Report; and
(2) Any arrest warrants involving the escape.
c. Other Actions to be taken:
(1) Immediate attempt to apprehend; and
(2) Teletype messages to surrounding agencies pertaining to the
escape.
8. PRISONER SECURITY HAZARDS: Whenever this Westlake Marshal's
Office has knowledge or belief that a prisoner in custody is considered a
security hazard, this information shall be related to the receiving agency
personnel, when they pick up the prisoner for transport to the Tarrant
County Jail, or other agencies picking up a prisoner on their warrant.
Aspects to be taken into consideration are:
a. Escape risk/history, if any.
b. Suicide risk/history, if any.
c. Record of assaults on police officers, detention officer, etc.
d. Criminal History of crimes of violence.
e. Threats or other statements made by or against the prisoner.
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B. RESTRAINING DEVICES:
1. RESTRAINING PRISONERS: The transportation of a prisoner shall be
accomplished using that degree of restraint deemed necessary by the
transporting officers to safely complete the task. Westlake Marshal's
Office has restraining devices, which may be used singularly or in
combination with others. Several prisoners may be restrained by
handcuffing the prisoner's hands in front and arms intertwined. No
prisoner shall be handcuffed to any outside stationary object or part of the
vehicle. The type of restraining device used in transport should be
indicated on the booking sheet or the officers report narrative. Nothing in
this directive precludes the use of handcuffs in emergency situations.
Restraining devices include:
a. Handcuffs: To be double locked.
b. Waist Chains: Chain bolt type device equipped with a standard set
of handcuffs designed to be fastened snug around the prisoner's
waist. The wrist is then handcuffed in front to prevent the prisoner
from raising their arms.
c. Leq Irons (ankle chains): Designed to restrict movement of a
prisoner's feet and legs. Leg irons should be used to restrain a
combative or escape risk prisoner.
d. Leq Restraints: Designed to restrict movement of a prisoner's feet
and legs during transport. The practice of hog-typing (tying the
hands and feet of someone lying face down) shall not be used by
any member of this department to restrain any prisoner at any time.
(1) The leg restraint device is placed around the prisoner's legs just
above the knees and/or ankles.
(2) The prisoner's knees are moved next to the door and the loose
end is placed out the rear door. The car door is then closed
over the end of the restraint device preventing the prisoner from
moving.
e. Flex cuffs: A reinforced nylon restraint intended for use when the
supply of handcuffs is exhausted. Flex cuffs are placed on the
prisoner's crossed wrists.
2. SICK OR INJURED PRISONERS: All arrested persons being transported
in a department vehicle will have their arms restrained behind their back.
Exceptions may be made in limited situations at the discretion of the
transporting officerfor reasons, which may include:
a. Injured, crippled or incapacitated prisoner;
Resolution 21-38
Page 85 of93
b. Elderly or ill prisoners arrested for minor offenses; or
c. Distance to be traveled.
3. MENTALLY DISTURBED PRISONERS: Mentally disturbed prisoners
may pose a significant threat to themselves and the transporting officers.
Mentally disturbed detainees may be transported by ambulance and
restrained by non-injury causing devices, if necessary.
C. SPECIAL TRANSPORT SITUATIONS:
1. SICK, INJURED, AND DISABLED PRISONERS / DETAINEES: The
following are procedures for handling injured, disabled or sick prisoners /
detainees:
a. Sick Prisoners / Detainees: Prisoners / detainees who become ill
while in department custody will be evaluated by medical personnel,
and if necessary, transported to a medical facility for treatment.
b. Injured Prisoners/ Detainees: Paramedics shall examine any
prisoner / detainee who is injured prior to or during an arrest situation,
or at any time while in department custody. If the subject refuses
treatment, Fire Department personnel will obtain a "refusal of
service", which includes a signature from the prisoner / detainee. If
possible, the employee should record the verbal refusal in the
booking-room, on in car camera (if equipped), and/or on their BWC.
If the employee obtains a signed refusal form provided by the city
paramedic, the form should be placed in the arrest file. Personnel
involved in any incident resulting in any injury to any person shall
report this to their supervisor and investigated / documented as
required.
c. Disabled / Physically Impaired Prisoners/ Detainees: Prisoners /
detainees with physical or mental handicaps or impairments often
need special handling techniques with which officers may not be
familiar. This unfamiliarity should be remedied before initiating
transport. Prisoners / detainees with physical handicaps may need
to be transported in vehicles other than a standard police vehicle.
Arrangements will be made to use another municipal vehicle that is
specially equipped to handle handicapped persons. The Town
Marshal/SRO must use reasonable judgement if the injury causes a
deviation from standard department handcuffing procedures and
articulate why and how they were deviated.
2. MEDICAL TRANSPORTS: It may be necessary to transport a prisoner to
the hospital or a medical care facility for treatment, examination, or
Resolution 21-38
Page 86 of 93
admission. An ambulance will be used for the transport and an outside
public safety agency police officer will stay with the prisoner at all times,
including the time in the ambulance. When a medical transport occurs,
the following will apply:
a. Prisoner's Condition: Medical personnel will be apprised of the
prisoner's status, with prior notification if practical.
b. Prisoner Contact: Extreme caution will be taken to isolate the
prisoner from other patients and the prisoner will be monitored at all
times. The outside public safety agency police/guarding officer
should not allow visitors, including telephone contact.
c. Prisoner Restraint: Restraints will be removed only when deemed
necessary and requested by the treating medical staff.
d. Prisoner Admission: In the event of admission to the medical facility,
the police/guarding officer shall cause the notification of their shift
supervisor. The shift supervisor will make arrangements for relief.
The police/guarding officers will not leave the medical facility until
properly relieved or instructed their supervisor.
e. Prisoner Release: When released from treatment, the prisoner's
condition should be carefully recorded. All instructions for future
treatment and medication should be obtained in writing and signed
by the attending physician. The prisoner must be searched and
restrained before being transported back to this department's jail
facility.
3. TRANSPORTING PRISONERS: The following procedures will be applied
in those situations where an officer is required to transport a prisoner:
a. The Mobile Video Recording Equipment and or Body Worn Camera
will be on during the entire transport.
b. Beqinninq: The Town Marshal/SRO will advise the Public Safety
Dispatch personnel of:
(1) Starting location;
(2) Odometer reading; and
(3) Destination.
c. Arrival: At the destination the Town Marshal/SRO will advise the
Public Safety Dispatch personnel of the odometer reading.
Resolution 21-38
Page 87of93
D. PRISONER TRANSPORT EQUIPMENT:
1. PRISONER TRANSPORT VEHICLE: The Town Marshal/SRO marked
vehicle are equipped with a protective screen/shield to separate the
prisoner/ detainee from the operator of the vehicle.
2. VEHICLE MODIFICATION: The Town Marshal/SRO marked vehicle
used to transport prisoners/detainees will be modified so that the windows
and doors cannot be opened from within the rear passenger area.
E. PRISONER DOCUMENTATION:
1. PRISONER IDENTIFICATION: All prisoners/detainees transported from
one facility to another, especially those from other police agencies and
correction facilities, will be specifically identified. It is important that when
the transporting Town Marshal/SRO makes a pick-up of a prisoner, the
Town Marshal/SRO is sure that the right person is transported.
Identification procedures:
a. Photoqraph and Description: When possible the transporting Town
Marshal/SRO should have a photograph or complete description of
the prisoner to be transported, including relevant information
pertaining to marks, scars, tattoos, or fingerprint classification.
b. Known Personal Data: Prisoners will be asked their name, date of
birth, and other questions concerning personal identification and this
information will be checked against known data.
c. Other Aqency Identification: The transporting Town Marshal/SRO
should check with the detaining agency or correction facility
personnel to verify the means by which the prisoner was identified
by that agency.
d. Reasonable Doubt: When the transporting Town Marshal/SRO has
reasonable doubt as to the identity of the prisoner, the officer shall
contact the Police Department first to determine if the identity of the
prisoner can be confirmed, and second, for further instructions from
a superior officer.
a. Transports: Prisoner transports from the Keller Jail or another
facility, or a prisoner pick-up from another facility, require the
following documentation:
(1) Tarrant County Sheriff's Officejail registration, as applicable.
(2) Magistrates arraignment warning.
(3) Any other confirmation holds from all agencies.
Resolution 21-38
Page 88 of93
(4) Defendant's financial statement.
(5) Medical and Suicide Screening.
b. Extradition:
(1) In the event of extradition proceedings, transporting officers
going out of state should have:
(a) Governor's warrant (only if the prisoner has not waived the
right to an extradition hearing).
(b) A copy of the arrest warrant or case report.
(c) Department issued credentials.
(2) Prior to leaving with a prisoner to return to Texas, the
transporting officers must have documentation showing that a
prisoner has been properly arrested pursuant to the governor's
warrant or has executed a waiver to an extradition hearing.
3. PRISONER SECURITY INFORMATION: Special information relating to
a prisoner's escape or suicide potential, contagious or unusual illness,
medical needs and past criminal history (if known) must be made known
to the transporting Town Marshal/SRO. This information should be
documented on the transport paperwork, to be made known to receiving
officers, or Sheriff Deputies, as appropriate.
COURT SECURITY
400.02
Effective Date: 10/2/2021
I. PURPOSE AND RESPONSIBILITY:
A. Purpose: To set the policy and establish the procedures for maintaining
security in the court facility and to protect the Judge, jury, and all other
participants in the court proceedings as well as the public.
B. Responsibility:
1. The Westlake Marshal's Office is tasked with providing for the physical
security of court participants. The Marshal's Office is also tasked with
providing the personnel to ensure courtroom security measures are
followed.
2. It will be the responsibility of the Bailiff for the physical security of court
participants, escort and security of prisoners, maintaining order and
ensuring courtroom security measures are followed.
Resolution 21-38
Page 89 of 93
3. It will be the Municipal Judge's responsibility for the seating of court
participants and the public, and any removal of those persons who are not
authorized or interFere with the proceedings. The Municipal Judge may
also prohibit hand carried articles in the courtroom, direct the use of
physical restraints, designate high-risk trials and request additional
security, if needed.
II. DEFINITIONS:
A. BAILIFF: A person, employed by the Westlake Marshal's Office, who is
responsible for the court security function, under the direction of the Municipal
J udge.
B. COURT: All areas, rooms, spaces, interior and exterior areas of buildings
where judicial officers conduct trials, hearings, or other judicial activities.
III. POLICY:
A. It will be the policy of the Westlake Marshal's Office that personnel assigned
to court security will maintain order and ensure the courtroom security
measures are followed.
B. It will be the policy of the Westlake Marshal's Office that personnel assigned to
court security will be provided training on security measures, carrying of
weapons, and use of restraints prior to assuming court security duties.
IV. PROCEDURES:
A. ADMINISTRATION:
1. The Town Marshal/SRO who are assigned as Bailiffs during judicial
proceedings will be designated as Bailiffs and act at the direction of the
Presiding Judge. The assignment will include physical security of court
participants, escort and security of prisoners, maintaining order and
ensuring that the courtroom security measures are followed.
2. The Town Marshal/SRO assigned as Bailiffs will work under the direction
of the presiding Judge while court is in session. The Bailiff will act as
liaison between the Municipal Judge and the department. The Bailiff will
communicate directly to the Court Administrator on matters relating to
court security.
B. OPERATIONS:
1. COURTROOM SECURITY: Appropriate levels of security should prevail
in the court facility and/or courtroom to protect the integrity of court
proceedings, to sustain the rights of individuals before it, to deter those
Resolution 21-38
Page 90 of 93
who would take violent action against the court or participants in court
procedures and to sustain the decorum of the court. The following security
measures will be perFormed:
a. The Bailiff will arrive at least thirty (30) minutes prior to the court
convening.
b. The Bailiff will make a physical inspection of the courtroom prior to
and after court, and ensure that:
(1) The courtroom, lobby and restrooms are free of weapons and
contraband.
(2) The duress alarms, court camera and intercom are in working
order. (NOTE: currently the duress alarms are not functioning)
(3) Restraining devices are available.
(4) All public entrances at the courtroom are unlocked and free of
obstructions.
c. The Bailiff will always remain in the courtroom unless otherwise
directed by the Municipal Judge while court is in session.
2. MEDICAL EMERGENCIES:
a. All telephone calls requesting medical or additional police assistance
will be made to 9-1-1 or direct to the Public Safety Dispatch Center.
b. In the event of a medical emergency, the Judge may order all
proceedings stopped.
c. If the medical emergency involves a person who is in custody, the
Bailiff will maintain security and request medical assistance and
additional officers from Keller Police.
d. If the medical emergency involves a court participant or spectator,
the Bailiff will maintain security of any prisoners that are present and
provide any assistance that he/she can. The public safety dispatch
personnel will be contacted by radio.
e. If other police officers are present, the ranking Town Marshal/SRO
will assume control and direct the actions of the responding units.
f. The Bailiff will be responsible, if needed, for all reports generated by
a medical emergency.
3. FIRE EVACUATION PLAN: The courtroom fire evacuation plan will be
reviewed with court employees at least annually. The fire evacuation plan
includes:
Resolution 21-38
Page 91 of 93
a. All calls for fire emergencies will be made to 9-1-1 or direct to the
Public Safety Dispatch Center.
b. In the event of a fire in the courtroom, the Bailiff will assume control.
c. Those persons present will be instructed to exit through the primary
evacuation doors at the west exit of the courtroom.
d. They will then exit the building through the main public entrance.
e. After exiting the building, persons should be directed to the southeast
parking lot toward the parking garage.
f. Prior to court convening, the Bailiff will make a physical inspection to
ensure that all doors are open and free of obstructions.
g. A fire extinguisher will be located on the northwest wall of the
courtroom.
h. The Bailiff will be responsible for all reports generated by a fire
emergency, if applicable.
4. UNUSUAL OCCURRENCES and SPECIAL OPERATIONS PLANS:
a. In the event of an unusual occurrence, the Bailiff or ranking Town
Marshal/SRO will assume control and request additional police, fire
or medical assistance as the circumstances require. These unusual
occurrences include, but are not limited to:
(1) Bom b threats;
(2) Hostage situations;
(3) Natural disasters; and
(4) High risk trials.
b. Bomb threats will be handled mainly by the Westlake Fire
Department or mutual aid through a neighboring fire department.
Further instructions can be found in the "Courtroom Security Plan".
c. Hostage situations will be handled by the North Tarrant Regional
SWAT Team (NTR) and will be at their direction.
d. Natural disasters will be handled as described in the Town of
Westlake Emergency Management Plan.
e. Any trial designated as "high risk" by the Municipal Judge will be
monitored by the Town Marshal/SRO. If the Town Marshal/SRO and
Resolution 21-38
Page 92 of 93
Municipal Judge deems the "high risk" trial to be of "extreme high
risk", the Town Marshal/SRO can contact the Keller Police
Operations Commander for assistance.
5. DOCUMENTED STUDY: The Municipal Judge, Court Administration,
Town Administration, and the Town Marshal/SRO/Bailiff will meet
annually to evaluate any plans or procedures that may need to be
addressed in regard to court security.
6. CARRYING OF WEAPONS IN THE COURTROOM: Peace officers shall
be the only person authorized to carry weapons in the courtroom.
7. RESTRAINTS ON IN CUSTODY PERSONS: All persons who are in
custody shall be restrained with handcuffs. Other restraints, such as leg
irons or handcuff belts, may be used at the discretion of the Bailiff or
responding officers in situations that may be deemed volatile. The
Presiding Judge has the discretion to modify this directive as deemed
necessary.
8. EQUIPMENT FOR COURTROOM SECURITY: The following equipment
will be accessible in case of an emergency:
a. The Municipal Judge will have access to an intercom system located
in the courtroom. This system will allow the Judge to give notification
of an emergency in the courtroom.
b. The Bailiff will be equipped with a two-way city frequency radio.
c. The courtroom is equipped with a camera, which may be monitored.
d. A Garrett 6500i walk through metal detector and or a Garrett Super
Wand hand-held metal detector shall be utilized for any pre-trial or
trial court proceedings. ALL persons shall be searched utilizing the
walk through or the handheld metal detector prior to them being
allowed in the courtroom.
e. The Bailiff will have access to a flashlight in a case of power failure.
f. A duress alarm is installed at the Judge's bench. A duress alarm is
also installed at the Court Clerk's desk.
NOTE: See the Westlake Court Security Plan for further detailed
instructions on courtroom security. Westlake Marshal's Office
personnel are expected to adhere to this policy as well as the
Westlake Court Security Plan.
Resolution 21-38
Page 93 of 93
AMENDMENT NO. 1 OF
INTERLOCAL AGREEMENT
FOR POLICE SERVICES
[To Expand the Role of the Westlake Town Marshal and Make Other Changes]
This Amendment of Interlocal Agreement ("AMENDMENT") is made and entered
into by the CITY OF KELLER, TEXAS a Home Rule municipal corporation, ("KELLER"),
and the TOWN OF WESTLAKE, TEXAS a Type A General Law municipal corporation,
("WESTLAKE") each acting by and through its duly appointed and authorized city
managers adds the following to the INTERLOCAL AGREEMENT FOR POLICE
SERVICES ("AGREEMENT")that was entered into on October 1, 2018.
Pursuant to, and in accordance with, AGREEMENT Section 15 (Page 6) KELLER and
WESTLAKE agree to the modification of the AGREEMENT upon execution of this
AMENDMENT.
Section 4. WESTLAKE Obligations. WESTLAKE agrees to perform the following:
g. WESTLAKE desires to expand the responsibilities of the Westlake Town
Marshal to include providing school resource officer (SRO) duties. These
expanded duties include the patrol, on foot and in the WESTLAKE Town
Marshal vehicle, of the WESTLAKE Academy Charter School building,
grounds, and parking lot. The WESTLAKE Town Marshal, by virtue of the
Texas Local Government Code, has peace officer powers to detain, arrest,
and take into custody persons violating the law.
h. WESTLAKE grants full and complete authorization and jurisdiction to
KELLER as the primary law enforcement agency.
i. WESTLAKE shall immediately notify KELLER of all reports of criminal
allegations and offenses that occur in WESTLAKE. This includes the
WESTLAKE Town Marshal's discharge of a firearm and any acts resulting
in serious bodily injury or death to another.
j. The WESTLAKE Town Marshal shall notify KELLER, as soon as it is safe
and practical, of a custodial arrest in WESTLAKE.
k. The WESTLAKE Town Marshal is and shall remain an employee of
WESTLAKE throughout the duration of this agreement. WESTLAKE is
responsible for the hiring, training, supervision, internal perFormance
investigations, discipline, and all necessary reporting requirements for
licensing and performance of duties as a Texas Peace Officer to the State
of Texas as required by law. WESTLAKE shall not expect the Keller Police
Department to backfill the WESTLAKE Town Marshal / School Resource
Officerwhen vacancies occur.
I. To avoid a conflict of interest, as KELLER is an independent contractor
under this agreement and lacks employee accountability for the
WESTLAKE Town Marshal, WESTLAKE agrees the KELLER Police
Department will not investigate any allegations involving the WESTLAKE
Town Marshal's internal reporting of use of force / response to resistance,
pursuits, misconduct, racial profiling complaints, or other administrative
investigations where KELLER personnel were not participants.
m. The WESTLAKE Town Marshal shall fully cooperate with any KELLER
police department investigation, as requested.
EXECUTED the 25t" day of October 2021.
CITY OF KELLER, TEXAS TOWN OF WESTLAKE, TEXAS
By: Armin Mizani By: Laura Wheat
M ayor M ayor
By: Mark Hafner By: Amanda DeGan
City Manager Town Manager
ATTEST: ATTEST:
By: Kelly Ballard By: Todd Wood
City Secretary Town Secretary
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE TOWN OF
WESTLAKE, TEXAS AND THE CITY OF ROANOKE,TEXAS FOR CERTAIN POLICE
INVESTIGATION SERVICES
THIS AGREEMENT("Agreement"),is made and entered into by and between the Town
of Westlake,Texas, a general-law municipality("Westlake") and the City of Roanoke, Texas, a
home-rule municipality ("Roanoke"), (hereinafter collectively referred to as "Parties" or
individually as"Party").
WHEREAS, this Agreement is being entered into pursuant to the Interlocal Cooperation
Act, Texas Government Code, Section 791.001, et seq. (the"Act"); and
WHEREAS, the Parties are all local governments as definedby Section 791.003 (4)of the
Act engaged in the provision of governmental functions and services to their citizens and patrons;
and
WHEREAS,the Parties desire to put in place a review and investigation process for certain
defined reviews and investigations related to activities of the Westlake Town MarshaUSchool
Resource Officer position("Town Marshal/SRO"), as further defined herein;and
WHEREAS,the Parties have current revenues available to satisfy the fees and/or expenses
incurred pursuant to this Agreement; and
NOW THEREFORE, for mutual consideration hereinafter stated, the Parties agree as
follows.
I. TERM
The term of this Agreement is for a period of twenty-four(24)months beginning on the 25�'
day of October,2021, and ending on the 25th day of October, 2023, and the Agreement shall be
renewed automatically for additional two(2)year periods unless cancelled by any Parry as provided
in Section IV.herein.
II. OBLIGATIONS OF THE PARTIES
1. When initiated in writing by Westlake,Roanoke,through its police department,shall conduct
reviews, investigations,internal reviews, andreports,relating to the Town MarshaUSRO,including,
but not limited to, the following areas: citizen's complaints and allegations of misconduct,responses
to resistance and use of force, pursuits, and, any other non-criminal reviews as determined by
Westlake. The Town Manager or designee shall review all complaints, and at their discretion,
determine if the complaint should be reviewed by Roanoke.
2. Roanoke shall also conduct reviews of the Town Marshal/SRO's body-worn camera and
in-car video activities, on a schedule to be determined by the parties.
III. FEES/PAYMENTS DUE
Each Party will bear its own cost of performing under this Agreement. All payments for
expenses incurred as a result of the performance of this Agreement shall be made only from current
revenues legally available to each respective Party. Any renewal will be subject to the revenues
available for that Agreement term.
IV. TERMINATION
Any Party to this Agreement may,without stating any cause or justification,terminate this
Agreement by giving written notice to the other Party at least sixty (60) days in advance of the
termination date selected. In such case, Roanoke shall complete any on-going reviews or
investigations initiated by the Parties prior to such notice of termination.
V. IMMUNITY
In the execution of this Agreement,none of the Parties waive,nor shall be deemed hereby
to have waived any immunity or any legal or equitable defense otherwise available against claims
arising in the exercise of governmental powers and functions. By entering into this Agreement,dle
Parties do not create any obligations, express or implied, other than those set forth herein, and this
Agreement does not create any rights in Parties who are not signatories to this Agreement.
VI. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the Parties and
supersedes all prior negotiations, representations and/or agreements either written or oral. This
Agreement may be amended only by written instrument signed by each Party to this Agreement.
VII. NOTICES
Unless notified otherwise in writing, all notices are required to be given to all Parties in
writing and delivered in person or sent via certified mail to the other Parties at the following
respective addresses:
To Westlake:
Amanda DeGan, Town Manager
1500 Solana Blvd. Bldg. 7, Suite 7200
Westlake, Texas 76262
To Roanoke:
Scott Campbell, City Manager
500 S. Oak Street
Roanoke, Texas 76262
VIII. AUTHORITY TO SIGN
The undersigned officer and/or agents of the Parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto.
IX. SEVERABILITY
The provisions of this Agreement are severable. If any paragraph, section, subdivision,
sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or
contrary to any rule or regulation having the force and effect of the law, such decisions shall not
affect the remaining portions of the Agreement.
X. VENUE
This Agreement and any of its terms or provisions, as well as the rights and duties of the
Parties hereto, shall be governed by the laws of the State of Texas. The Parties agree that this
Agreement shall be enforceable in Tarrant or Denton County, Texas, and if legal and necessaty,
exclusive venue shalllie in Tarrant or Denton County, Texas.
XL INTERPRETATION OFAGREEMENT
Each Party has had the opportunity to have this Agreement reviewed by an attorney. Should
any part of this Agreement be in dispute, the Parties agree that the Agreement shall not be
constructed more favorably for any of the Parties.
XII. REMEDIES
No right or remedy granted herein or reserved to the Parties is exclusive of any right or
remedy granted by law or equity; but each shall be cumulative of every right or remedy given
hereunder. No covenant or condition of this Agreement may be waived without the express written
consent of the Parties. It is further agreed that one (1) or more instances of forbearance by any
Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver
thereof.
XIII. SUCCESSORS AND ASSIGNS
The Parties each bind themselves,theirrespective successars,executors,administrators,and
assigns to the other Parties to this Agreement. No Party will assign, sublet, subcontract or transfer
any interestin this Agreement withoutthe priorwritten consent of the otherParties. No assignmen�
delegation of duties or subcontract under this Agreement will be effective without the written
consent of all Parties.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by its
authorized representative on the day and year last signed below.
TOWN OF WESTLAKE, TEXAS
DATE BY:
Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
CITY OF ROANOKE, TEXAS
DATE BY:
Scott Campbell, City Manager
APPROVED AS TO FORM:
Roanoke City Attorney
TOWN OF WESTLAKE
RESOLUTION NO.21-39
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, AUTHORIZING AN INTER-LOCAL AGREEMENT WITH THE CITY OF
ROANOKE, TEXAS, FOR CERTAIN POLICE INVESTIGATION SERVICES,
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the Town of Westlake, Texas, and the City of Roanoke, Texas, are both
governmental entities engaged in the governmental function ofprovidingpublic health, safety
and welfare;and,
WHEREAS,the Town Council of the Town of Westlake,Texas("Town Council")finds
that the Inter-Local agreement is a benefit to the public; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of the Town of Westlake,Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE,TEXAS:
SECTION l: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town Council hereby approves the Inter-Local agreement
attached as Exhibit"A"and authorizes the Town Manager or designee to sign on b ehalf of the
Town of Westlake, Texas.
SECTION 3: If any portion of this Resolution shall,for any reason,be declared inv alid
by any court of competent jurisdiction,such invalidity shall not affect the remaining pro vision s
hereof and the Town Council hereby determines that it would have adopted this Resolution
without the invalid provision.
Resolution 21-39
Page 1 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25TH DAY OF OCTOBER,2021.
ATTEST: Laura Wheat, Mayor
Todd Wood, Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Resolution 21-39
Page 2 of2
Town
Council/ Board
of Trustees
Item # 10 — Presentation and
Discussion of CIP projects.
PRESENTATION AND DISCUSSION OF THE APPROVED FY 2021-2022 CAPITAL
IMPROVEMENTPROJECTSAND PRO7ECTS UNDER DISCUSSION.
Westlake Town Council
TYPE OF ACTION T x E i o w N o F
WESTLAKE
Workshop -DiscussionItem oisriNcrivE sv oEsicN
Westlake Town Council Meeting
Monday, October 25, 2021
Top�c: Presentation and Discussion of the approved FY 2021-2022 Capital
Improvement Projects and under discussion Projects.
STAFF CoNTACT: Troy J. Meyer,Director of Public Works&Facilities
Strategic Alignment
� �
� � � . � . . , : ' ' � �
People,Facilities,& NaturalOasis-Preserve& ImproveTechnology,
FiscalResponsibility � Maintain a PerfectBlendof the Facilities&
Technolo Community'sNaturalBeauty Equipment
Time Line- Start Date: October 1, 2021 Completion Date: September 30, 2022
Funding Amount: $3.1M Status- Funded Source-Bond Issuance
Contract: No Forms: N/A
EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
The Capital Improvement Plan (CIP) is the Town's strategy for infrastructure development and
improvement. This includes,road expansion,repairs on publicly owned buildings, and the acquisition of
new water sources. The CIP is a multi-year document that summarizes capital projects for the next five(5)
years. Each project has individual cost estimates and financing methods for improvements. The CIl'
establishes the Town's priorities and serves as a blueprint for investment in capital infrastructure in the
short and long-term.
The CIP Plan Process
IDENTIFYING A NEED
The CIP process begins with identifying capital project needs based on the Town's Balanced Scorecard and
Comprehensive Plan.
Page 1 of 3
FUNDING SOURCES
Once a capital project need is identified, staff analyze potential funding sources.
There are four primary funding sources for capital projects:
• Cash Funding(revenue sources such as sales, hotel/motel and property taxes);
• State/Federal funding(public grants);
• Private Funding(developmental impact fees or charitable donations);and
• Bond Issuance.
FUNDED vs. UNFUNDED PROJECTS
The CIP includes funded and unfunded capital projects. Funded capital projects have been approved and
adopted by Town Council.Unfunded proj ects are capital needs identified by Town staff and/or Council that
are subject to more discussion. These projects may be moved to the"Funded"section of the CIP or moved
out into future years depending on the Town's priorities, funding availability, or other considerations.
Documenting unfunded projects ensures stakeholders are aware of the Town's capital needs so that funding
can be secured or through further evaluation that may eliminate the project entirely.
The following projects were approved by the Town Council on September 13, 2021, as part of the FY 21-
22 budget approval and funded by approximately$3.4M in certificates of obligation.
• Roanoke Road Reconstruction&Drainage South
o Stabilization of road subgrade and 6" of asphalt to approximately 4,000 LF of Roanoke
Road and replace/improve culverts and ditches
o Highway 170 south to the Town limits
• SH114 Service Road Construction
o Additional landscape work at Solana and HWY 114
o Jerry Hodge&Associates, LLC has been retained
• GPS Opticom Traffic Control
o Opticom GPS Systems to assist emergency vehicles through signalized intersections
• Cemetery Improvements
o Improvements will include an internal road,trails, and landscaping
• Trail-Dove/Pearson/Aspen
o Trail connectivity from Aspen Lane north to Dove Road along the east side of Pearson
Road
• Pearson Lane Recon/Drainage
o Provide stabilization of road subgrade and 5" of asphalt to approximately 1,300 LF of
Pearson Lane and replace/improve culverts and ditches
• Wayfinding Signage
o The Town's major signage to direct visitors through major corridors that lead to various
Town destinations and trails
STAFF RECOMMENDATION
N/A.
FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY
Project Cost/Funding Amount:
• Funding Source: Bonds/COs
Contract: No Forms: N/A
Page2of3
DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY
Westlake Academy: With new residential development on Pearson Lane,the additional trail on
Pearson Lane will allow students a safe route to walk or ride their bikes to school.
Comprehensive Plan: The trails and wayfinding project aligns with the comprehensive plan and
will connect north Keller trails to our Westlake trail system.
Cost Recovery Analysis: These projects will be fundedby a 30 year bond.
Traffic Impact: The GPS Opticom system will allow emergency vehicles to control major
intersections 24/7 to ensure faster response time.
ATTACHMENTS
N/A
Page 3 of 3
Town Council/
Boa rd of
Trustees
Item #11 —Town
Manager/Superintendent update
NO BACKUP MATERIAL HAS BEEN PROVIDED FOR THIS ITEM.
Town Council/
Boa rd of
Trustees
Item# 12 — Executive
Session
The Town Council will conduct a closed session pursuant to Texas Government Code,
annotated,Chapter 551,Subchapter D for the following:
a. 551.071(2) Consultation with Attorney— to seek advice of counsel on matters in which
the duty of the Town Attorney under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas
Government Code - FM 1938 access for proposed Southlake development.
b. Section 551.071(2)—Consultation with Town Attorney on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Resolution No. 00-19, a Contract with Hillwood Development Corporation Concerning
the Design Engineering and Construction of the West Side Pump Station and the Dove
Road Waterline.
c. Section 551.071(2)- Consultation with Attorney—to seek advice of counsel on matters
of bankruptcy proceedings by the Texas Student Housing Authority.
Town
Council/ Board
of Trustees
Item # 13 — Reconvene Town
Council/Board of Trustees
Meeting
Town
Council/ Board
of Trustees
Item # 14 — Necessary Action
TAKE ANYACTION,IF NEEDED,FROM EXECUTIVE SESSION ITEMS.
Town
Council/ Board
of Trustees
Item # 15 — Recap and
Staff Direction
Town
Council/ Board
of Trustees
Item # 16 — Future Agenda
Items
a. Approved by Town Council/Board of Trustees for Discussion
i. Historical Designations for various properties in Westlake (5/24)
ii. Quarterly HOA Board Meeting Discussions (8/23)
b. Submitted for Review &Archive
i. Live stream Council Meetings
ii. Meet the Candidate forums during the Election cycle
Town Council/
Boa rd of
Trustees
Item # 17 — Adjournment