7.1 Salina Regional Airport Law Enforcement Support AgreementCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
5116/16 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7 BY: 4 JeL
ITEM CITY MANAGER'S OFFICE FINAL APPROVAL:
NO:
Page 1 BY: Jason A. Gage, City Ma6wr BY: iv
ITEM: Resolution No. 16-7350
Consider Resolution No. 16-7350, authorizing the mayor to enter into the Salina Regional Airport Law
Enforcement Support Agreement with the Salina Airport Authority, Saline County and the Saline
County Sheriffs Office for the provision of the law enforcement services for the Salina Regional
Airport.
BACKGROUND:
Recently, the Federal Aviation Administration (FAA) approved an essential air service contract with
Great Lakes Aviation to provide scheduled, nonstop airline service from the Salina Regional Airport
("Airport") to the Denver International Airport (DIA) beginning June 15th. The new essential air service
contract greatly enhances Salina's air service due to Great Lakes Aviation being a code share partner
with United Airlines. Another advantage to Salina is that airline service scheduling can now occur
through the global distribution system.
Thanks to efforts by Salina Airport Authority (SAA) officials, Senator Jerry Moran and Congressman
Tim Huelskamp, passenger security screening will be provided by the Transportation Security
Administration (TSA). This federalized approach to passenger security screening is considered by
local officials to be essential to national and local flight security.
Federal regulations (49 CFR Part 1542) require a uniformed law entorcement officer to be at the TSA
passenger screening checkpoint, including response time requirements. As a result, this Agreement
among the City of Salina, Salina Airport Authority, Saline County and Saline County Sheriffs Office is
being proposed for consideration. This Agreement provides for law enforcement services to be
provided by the Salina Police Department and Saline County Sheriffs Office using an acceptable "on
demand" approach. This approach requires these services to be available not less than 30 minutes
prior to flight time and until the passenger screening is completed. The Agreement also includes other
protocols as required by federal law, including the support of Aviation Security Contingency Plan
Existing, Elevated and Imminent measures as provided for in the Airport Security Plan (ASP). All law
enforcement services will be provided with on -duty personnel. Training and coordination will be
provided by the TSA.
Please note that federal reimbursement funding for this service is not available. SAA has committed
to applying for Department of Homeland Security (DHS) grant funds. With this in mind, please note
that due to the day scheduling of flights and use of an on -demand approach, Staff believes that
providing this law enforcement service will not detract measurably from daytime, community law
enforcement services. These services and the agreement provisions will be re -reviewed in December
of this year.
FISCAL NOTE:
There is no out-of-pocket cost or other direct cost impact for this action.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
5116116 4:00 P.M.
AGENDA SECTION
ORIGINATING DEPARTMENT:
FISCAL APPROVAL:
NO:
BY:
CITY MANAGER'S OFFICE
FINAL APPROVAL:
ITEM
NO:
Page 2
BY: Jason A. Gage, City Manager
BY:
CONFORMANCE WITH STRATEGIC PLAN:
Goal No. 3: The City will provide the highest quality of services, consistent with governing body
direction, available resources and staff commitment to quality.
Staff believes this agreement will meet federal requirements, which ensure the availability of TSA
passenger screening that is necessary for daily flights to Denver International Airport by Great Lakes
Airlines; significantly improving commercial airline services for Salina.
ALTERNATIVES and RECOMMENDED CITY COMMISSION ACTION:
The following alternatives are available for City Commission consideration:
1) Approve Resolution No. 16-7350, authorizing the mayor to enter into the Salina Regional
Airport Law Enforcement Support Agreement with the Salina Airport Authority, Saline County
and the Saline County Sheriffs Office for the provision of law enforcement services for the
Salina Regional Airport.
2) Do not approve Resolution No. 16-7350 at this time.
Staff recommends alternative #1
Attachments: Resolution No. 16-7350
Salina Regional Airport Law Enforcement Support Agreement
Law Enforcement Agreement Support Memorandum — Tim Rogers, SAA
SALINAAirport
DATE: May 11, 2016
TO: Jason Gage and Rita Deister
EXECUTIVE DIRECTOR
3237 Arnold Ave.
Salina, Kansas 67401
Telephone (785) 827-3914 • PAX (785) 827-2221 • email trogers@salair.org
FROM: Tim Rogers
SUBJECT: Proposed SAA, City and County Law Enforcement Support Agreement
The restoration of scheduled air service at the Salina Regional Airport required the return of the Transportation
Security Administration (TSA) for passenger screening services. On April 19, 2016 the TSA notified the Salina
Airport Authority that the agency will provide the required passenger screening services in support of nonstop
flights to the Denver International Airport on Great Lakes Airlines. Great Lakes will start Denver flights on June
15, 2016. The TSA is preparing to staff and equip the passenger screening checkpoint prior to June 15.
The Airport Authority has been working closely with the TSA to draft and gain TSA approval for an Airport
Security Program (ASP) prior to June 15. A key requirement for the Salina ASP is the availability of local law
enforcement to support passenger screening at the terminal building. The proposed Salina Regional Airport Law
Enforcement Support Agreement meets the TSA requirement (49 CFR Part 1542) for law enforcement support
during passenger screening prior to the departure of an air carrier flight.
The proposed agreement was drafted with the assistance of the TSA, Salina Police Department (SPD) and the Saline
County Sheriff s Office (Sheriff's Office). Both the SPD and Sheriff s Office are willing to partner with the TSA
and Airport Authority to provide a visible law enforcement presence at the TSA security screening checkpoint. The
SPD and Sheriffs Office will coordinate the deployment of on duty officers and deputies to the checkpoint in
accordance with the ASP and prevailing Aviation Security Contingency (AVSEC) Plan directives from the
Department of Homeland Security (DHS). The AVSEC Plan defines certain threat levels and associated
countermeasures.
The TSA will routinely share information and intelligence with the SPD and Sheriff s Office. The Wichita based
Assistant Federal Security Director for Enforcement will be local law enforcement's liaison with both the TSA and
DHS.
The specific provisions of the Salina Airport's ASP, AVSEC Plan contingencies and detailed screening checkpoint
procedures cannot be discussed in a public meeting. Questions concerning the ASP's, AVSEC contingencies and
checkpoint requirements and procedures can only be discussed during an executive session.
SPD officers and Sheriff's Office deputies will be responsible for enforcement of federal, state and local laws in
the same manner that they currently carry out their duties throughout Salina and Saline County. Any offense that
rises to the level of a federal crime would be referred to the appropriate federal law enforcement agency for further
action. Local law enforcement currently deals with a wide variety of situations involving transportation security
regulations and laws due to our proximity to two Interstate highways.
The agreement does not provide for reimbursement to either the City or County for law enforcement support. At
this time federal funding is not available law enforcement support. The Airport Authority will seek an opportunity
to apply for DHS grant funds that can be used to reimburse the City and County for law enforcement support.
Page 1
The TSA will provide the training needed to fully understand the requirements of the ASP and AVSEC Contingency
Plan. In fact, the TSA, Airport Authority, SPD and Sheriff s Office are scheduled for an initial coordination meeting
on Wednesday, May 18. The meeting will be the first of many coordination and training meetings needed to support
scheduled air service.
The agreement will be reviewed by the TSA, Airport Authority, SPD and Sheriff's office prior to December 1, 2016
to make sure that all parties are comfortable with the document's provisions and requirements. If necessary, the
agreement can be amended to accommodate changing needs or requirements.
I will be in attendance at both the May 16 City Commission meeting and the May 17 County Commission meeting
to answer questions and provide updates.
Thank you for your support and assistance with the restoration of scheduled air service for Salina and Saline County.
The residents of Salina, Saline County and North Central Kansas are the benefactors of our cooperative efforts.
Cc: Sheriff Glen Kochanowski
Chief Brad Nelson
Page 2
SALINA REGIONAL AIRPORT LAW ENFORCEMENT SUPPORT
AGREEMENT
This AGREEMENT is made and entered into this the _ day of May, 2016 by and
among the Board of County Commissioners of Saline County, Kansas (the "County");
the Saline County Sheriffs Office (the "Sheriffs Office"); the City of Salina, Kansas
(the "City"); and the Salina Airport Authority (the "Authority").
Recitals
A. The Authority is a political subdivision of the City created pursuant to
K.S.A. 27-315 and operates the Salina Regional Airport (the "Airport") and the M.J.
Kennedy Air Terminal (the "Terminal").
B. The current provider of scheduled airline service to the residents of Saline
County and the City of Salina is Great Lakes Airlines, a United Airlines code share
partner (the "Airline").
C. On May 19, 2016 the Transportation Security Administration (TSA)
approved the Authority's request for passenger security screening services at the
Terminal.
D. The Authority is required by 49 CFR Part 1542 to provide a uniformed
law enforcement officer at the TSA's passenger screening checkpoint ("Screening
Checkpoint") in accordance with the Authority's Airport Security Program (ASP).
E. The Authority's ASP also provides for a maximum response time to the
TSA's Screening Checkpoint after the Screening Checkpoint alarm has been activated.
F. The Authority, the County, the Sheriffs Office, and the City desire to
agree on duties and responsibilities of the Sheriffs Office and the Salina Police
Department (the "SPD") in providing uniformed law enforcement officer services at the
Terminal pursuant to K.S.A. 12-2908.
G. The parties wish to assure that any Sheriffs Office or SPD personnel
performing law enforcement duties under this agreement are authorized to enforce the
ordinances of the City of Salina, as authorized by K.S.A. 12-2909.
H. Any reference to Law Enforcement Personnel (LEP) in this agreement
shall include the Sheriff s Office deputies and/or SPD officers.
NOW, THEREFORE, for the consideration and upon the terms and conditions
hereinafter set forth, the parties agree as follows:
1. P ose of A eement. This agreement is for the purpose of securing the
enforcement of all laws and to provide for a visible law enforcement presence by LEPs at
the TSA Screening Checkpoint within the Terminal.
2. Area of Service. The area to be served under this agreement shall be
primarily the Terminal; however, the authority of the LEPs under this agreement shall
extend to the entire Airport.
3. Duties and Authorization to Enforce City Ordinances. The LEPs shall
enforce all applicable federal, state, and local laws and regulations while on duty under
this agreement. The LEPs are hereby authorized to enforce the ordinances of the City of
Salina while on duty under this agreement.
4. Scheduling and Levels of Service.
(a) The LEP shall be present (with a patrol vehicle) at the Screening
Checkpoint for all TSA Passenger Screenings in accordance with the Airport's ASP for a
period of time commencing no less than thirty (30) minutes prior to the scheduled flight
departure time and continuing until the TSA passenger screening is completed. Staffing
and scheduling of LEPs necessary to fulfill the responsibilities of the Sheriff's Office and
SPD under this agreement shall be coordinated by the Sheriff s Office and SPD.
(b) The Authority shall notify the Sheriff's Office and SPD of the Airline's
published flight schedules, provide the Sheriff's Office and SPD with copies of all TSA
security directives and information circulars, and include the Sheriff's Office and SPD in
all meetings with the TSA. The Authority shall notify the Sheriffs Office and SPD of
any changes in the Airline's flight schedule as soon as is reasonably possible. Records
maintained by the Sheriffs Office and SPD shall document the time required on duty
under this agreement. Both the Sheriff's Office and SPD shall take possession of
confiscated weapons, ammunition, explosives or incendiary devices in a manner as to
maintain chain of custody records and retain all confiscated items in an evidence locker.
(c) The Sheriff s Office and SPD shall support Aviation Security Contingency
Plan EXISTING, ELEVATED and IMMINENT measures as provided for in the ASP.
(d) Court appearances by the LEPs, although in relation to enforcement
actions originating while on duty under this contract, shall not fall within the scope of
duties to be performed under this agreement.
5. Screening Checkpoint Functions: The LEPs shall be responsible at the
Security Checkpoint for the following functions:
a. Provide an armed deterrence to criminal activity.
b. Respond to situations where an individual is interfering with the duties of
the TSA at the screening checkpoint.
C. Take appropriate action if a violation of the law occurs.
d. When requested by a TSA officer, assist in preventing prohibited items
from entering the sterile area.
e. Provide for the overall security of the screening checkpoint, screeners and
passengers.
f. Take control of illegal items that are discovered at the checkpoint, such as
firearms, ammunition, explosives and incendiaries.
2
b. Expenses. The Sheriff's Office and SPD shall not be responsible for any
expenses related to the operation of the Screening Checkpoint.
7. Complaints and Discipline. Any complaint about the performance of the
LEPs shall be directed to the Sheriff's Office and SPD. The respective agency shall
determine whether the complaint is justified and warrants disciplinary action.
8. Records. The Sheriffs Office and SPD shall keep reasonably detailed
records sufficient to make periodic reports to the Authority governing body on the
fulfillment of the Sheriff s Office and SPD's responsibilities under this agreement.
9. Term. This contract shall become effective on June 1, 2016; shall be for a
primary term of the remainder of the current calendar year; and shall renew automatically
thereafter for sequential terms of one calendar year unless notification to the contrary is
given by one party to the others no later than the December 1St prior to the subsequent
January 1" renewal date.
10. Termination by A eement. If the parties all agree in writing, this
Agreement may be terminated under the terms and as of the date agreed upon.
11. Non -assumable. This contract shall not be assignable by any of the parties.
EXECUTED effective the day and year first stated above by the duly authorized
officers of the parties.
Attest:
BOARD OF COUNTY COMMISSIONERS
OF SALINE COUNTY, KANSAS
LIM
Monte Shadwick, Chairman
Donald R. Merriman, County Clerk
SALINE COUNTY SHERIFF'S OFFICE
By:
Glen Kochanowski, Sheriff
CITY OF SALINA, KANSAS
LIM
Kaye J. Crawford, Mayor
Attest:
Shandi Wicks, CMC, City Clerk
SALINA AIRPORT AUTHORITY
LE
Attest:
By:
Jeff E. Maes, Board Secretary
Troy Vancil, Board Chairman
4
RESOLUTION NUMBER 16-7350
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERS OF SALINE COUNTY, KANSAS; THE
SALINE COUNTY SHERIFF'S OFFICE AND THE SALINA AIRPORT AUTHORITY TO
PROVIDE SALINA REGIONAL AIRPORT LAW ENFORCEMENT SUPPORT.
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Mayor is hereby authorized to execute an agreement with the County
Commissioners of Saline County, Kansas; the Saline County Sheriff s Office and the Salina Airport
Authority to provide Salina Regional Airport Law Enforcement Support, subject to the terms and
conditions of the agreement.
Section 2. That the City Clerk :is hereby directed to file the original agreement and retain
according to the City of Salina Records Management Policy.
Section 3. That this resolution shall be in full force and effect fiom and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this 16d' day of May, 2016.
Kaye J. Crawford, Mayor
(SEAL)
ATTEST:
Shandi Wicks, CMC, City Clerk