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VILLAGE BOARD AGENDA (Special) – JUNE 23RD 2025 - Page 1 of 1 Village of Hobart – www.hobartwi.gov Village Office - 2990 South Pine Tree Road, Hobart, WI Notice is hereby given according to State Statutes that the VILLAGE BOARD of the Village of Hobart will meet on Monday June 23rd 2025 at 5:15 P.M. at the Lawrence Town Hall (2400 Shady Ct, Lawrence, WI). NOTICE OF POSTING: Posted this 13th day of June, 2025 at the Hobart Village Office and on the village website. MEETING NOTICE – VILLAGE BOARD (Special) Date/Time: Monday June 23rd 2025 (5:15 P.M.) Location: Lawrence Town Hall (2400 Shady Ct, Lawrence, WI) Village Board of Trustees: Richard Heidel (President), David Dillenburg, Vanya Koepke, Tammy Zittlow, Melissa Tanke NOTE: A quorum of the Hobart-Lawrence Police Commission may be present at the meeting, but no action by that body will be taken. ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. 2. Certification of the open meeting law agenda requirements and approval of the agenda 3. Pledge of Allegiance 4. NEW BUSINESS A. DISCUSSION AND ACTION - Hobart-Lawrence Intergovernmental Police Protective Service Agreement (Page 2) This proposed agreement refines and modernizes the joint police department’s framework, addressing gaps in the Second Agreement, which was adopted in 2011. The changes promote fairness, efficiency, and adaptability, ensuring high-quality police services for Hobart and Lawrence. 5. ADJOURN ____________________________ Aaron Kramer, Village Administrator UPCOMING BOARD MEETINGS Tuesday July 1st 2025 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday July 15th 2025 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday August 5th 2025 6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) NOTE: Page numbers refer to the meeting packet. All agenda s and minutes of Village meetings are online: www.hobartwi. gov. Any person wishing to attend, who, because of their disability, requires special accommodation, should contact the Village Clerk’s office at 920-869-1011 with as much advanced notice as possible. Notice is hereby given that action by the Board may be considered and taken on any of the items described or listed in this agenda. There may be Board members attending this meeting by telephone if necessary. 1 | Page THIRD HOBART-LAWRENCE INTERGOVERNMENTAL POLICE PROTECTIVE SERVICE AGREEMENT This Agreement, by and between the Village of Hobart, a poliƟcal subdivision of the State of Wisconsin, Brown County; and the Town of Lawrence, a poliƟcal subdivision of the State of Wisconsin, Brown County; is entered into pursuant to the authority of §60.56, §61.65, and §66.0301, Wis. Stats, and is agreed to as follows: WHEREAS, the Village of Hobart has established and operates a joint police department pursuant to §61.65 (1) (a) 3, Wis. Stats. with the Town of Lawrence and has also created a joint police commission pursuant to §61.65(3g) (c), Wis. Stats. with the powers and duƟes granted in §62.13, Wis. Stats.; and WHEREAS, the Town of Lawrence has established and operates a joint police department pursuant to §60.56 (1) (a) 4, Wis. Stats, with the Village of Hobart and has also created a joint police commission pursuant to §60.56(1) (am)1, Wis. Stats. with the powers and duƟes granted in §62.13, Wis. Stats; and WHEREAS, the Village of Hobart and the Town of Lawrence recognize the benefit of intergovernmental cooperaƟon in maintaining a joint police department and a joint police commission; and WHEREAS, The Village of Hobart and the Town of Lawrence recognize the service and cost benefits of intergovernmental cooperaƟon and have determined by the corporate authoriƟes of Hobart and Lawrence respecƟvely, that this Agreement is in the best interest of the public health, safety and welfare of the ciƟzens of each of the signatory municipaliƟes; and WHEREAS, the Village of Hobart and the Town of Lawrence wish to establish the cost and fiscal operaƟng procedures of the police protecƟve services to be provided by the joint police department to each municipality. NOW, THEREFORE, the Village of Hobart and the Town of Lawrence, in consideraƟon of mutual promises, covenants, condiƟons and obligaƟons as set forth herein, do hereby enter into this intergovernmental cooperaƟon agreement as follows: ARTICLE I DEFINITIONS For the purposes of this Agreement, the following terms shall be defined as: A. MunicipaliƟes: The Village of Hobart (“Village”) and the Town of Lawrence (“Town”) may be jointly referred to as the “municipaliƟes.” It is understood that at any Ɵme during this agreement either municipality can change their governmental structure and incorporate it into a Village, City, or any other form of government. Such a change by either municipality shall not have any impact or bearing on this agreement. PAGE 2 2 | Page B. Chief of Police: The Joint Police Commission shall appoint an individual to be the “Chief of Police” who shall hold his/her office during good behavior as outlined in §62.13(3). C. Police Services: Diverse acƟviƟes directed toward the aƩainment of the objecƟves of enforcing the law, prevenƟng and deterring crime, arresƟng criminal offenders, maintaining public order, and providing service to the community. Such acƟviƟes include, but are not limited to: 1) ConducƟng criminal invesƟgaƟons of incidents of crime in order to arrest responsible person(s) for prosecuƟon; 2) DirecƟng and enforcing laws; 3) Responding to emergency and non-emergency calls for service; 4) ConducƟng field interviews; 5) ArresƟng criminal offenders; 6) DirecƟng and controlling traffic; 7) Issuing citaƟons and summons; 8) Appearing in court; and 9) Obtaining and maintaining evidence. These acƟviƟes consƟtute the comprehensive police services provided each day of the year, on a twenty-four (24) hour per day basis within the jurisdicƟonal boundaries of the municipaliƟes. AR TICLE II PURPOSE AND INTENT The purpose of this Agreement is to sustain public safety and protect life and property within the Village of Hobart and the Town of Lawrence through enforcement of local, state and federal laws through the use of the joint police department services, for all persons and properƟes located within the Village of Hobart and the Town of Lawrence and consistent with intergovernmental cooperaƟon as described in §66.0301, §61.65, and §60.56, Wis. Stats. It is the common belief of the Village of Hobart, and the Town of Lawrence that superior and more effecƟve police services can be secured and promoted within the Village of Hobart and the Town of Lawrence by the joint mutual cooperaƟon of the municipaliƟes. ARTICLE III SERVICE PROVISIONS During the term of this Agreement, including any extensions or renewals, the Village of Hobart and the Town of Lawrence shall be regarded as equal and integral subdivisions within the general police jurisdicƟon. The department’s patrol division will operate with assigned sectors. As established in 2024 and currently in effect at the Ɵme of this Agreement, the department will provide at least one squad car for police protecƟon and services in the North SecƟon and one squad car in the South SecƟon. One squad car will be regularly assigned to each secƟon to provide 24-hour coverage, seven (7) days a week. The assigned car to either secƟon is subject to temporary redeployment for police emergencies or officer PAGE 3 3 | Page safety consideraƟons to the other secƟon, or in response to a mutual aid request. An excepƟon to that requirement is when the department only has one (1) officer working due to vacaƟon leave, compensatory Ɵme off, sick leave, or other vacancy, which reduces the department to only a single patrol officer on duty. In those instances, the sole patrol officer on duty will use his or her discreƟon on where they will patrol; however, an effort will be made to ensure they patrol both secƟons. The joint police department’s full- Ɵme administraƟve office shall be maintained in the Village of Hobart. A substaƟon shall be provided by the Town of Lawrence for officers to conduct police services and other community acƟviƟes. A workstaƟon with internet connecƟon will be placed in the Town substaƟon. All communicaƟons equipment in the squad car(s) and substaƟon shall be provided by the Village. The Village shall not provide any non-sworn clerical staff at the Town substaƟon, and any and all costs and expenses associated with any non-sworn clerical staff at the Town substaƟon shall be the sole responsibility of the Town. All markings and materials shall include references to both the Village of Hobart and the Town of Lawrence by “Hobart-Lawrence” in menƟon of the joint police department. AddiƟonally, both parƟes agree to meet and discuss the potenƟal expansion of the joint police department should any other municipality express interest in joining. Such discussions shall consider the financial, operaƟonal, and governance impacts of expansion, as well as the equitable distribuƟon of costs and resources. Any decision regarding expansion shall be made collaboraƟvely and in good faith, ensuring that the interests of exisƟng municipaliƟes and the effecƟve provision of public safety services remain the top priority. AR TICLE IV AUTHORITY AND CONTROL OF PERSONNEL The Chief of Police will direct and manage the opera Ɵons of the department and supervise the delivery of police services understood in this Agreement. The Employee Agreement Police Chief for the Village of Hobart and Town of Lawrence outlines the overall structure of accountability for the Chief of Police. Sworn police officers shall take an oath in each municipality, which shall be administered by an official authorized to administer oaths - ideally this will be done prior to undertaking law enforcement duƟes pursuant to this Agreement to enforce ordinances of either the Village or the Town. Every sworn police officer is deemed a sworn officer of each municipality while performing the services, duƟes, and responsibiliƟes hereunder and is vested with police powers that are necessary to provide police services within the scope of this Agreement regardless of what secƟon they are assigned to on a given day. Sworn police o fficers and other assigned personnel shall be and hereby are vested with the addiƟonal power to enforce the applicable ordinances of the Village or the Town, to make arrests or issue citaƟons incident to the enforcement of the applicable Village and Town ordinances, and to perform other tasks as are reasonable and necessary in the exercise of their powers. This vesƟng of addiƟonal powers to enforce the applicable ordinances of the Village and Town is made for the sole and PAGE 4 4 | Page limited purpose of giving official and lawful status to the performance of law enforcement services provided by sworn officers within the municipaliƟes. Sworn police o fficers and other assigned personnel shall enforce applicable Village and Town ordinances and shall appear in the joint municipal court as necessary to prosecute cases made therein. All sworn o fficers, as well as any other department personnel assigned under this Agreement are and will conƟnue to be employees of the Village for all purposes, including but not limited to the following: employee benefits, grievances, payroll, pension, annual or sick leave, training, and workers compensaƟon. Nevertheless, upon terminaƟon of this Agreement, the iniƟaƟng municipality of the terminaƟon shall be solely responsible for and reimburse the other party for all employment related costs and expenses for all department personnel laid off. This shall be done unƟl the said Ɵme that the personnel are hired by any employer, are no longer receiving any employment-related compensaƟon or benefits aƩributable to their employment with the department, or a period of one (1) year has passed from the date of the layoff, whichever is first. All sworn o fficers, as well as any other personnel assigned under this Agreement are and will conƟnue to be part of the joint police department command structure. Police department personnel are under the supervision of the Chief of Police. ARTICLE V PAYMENT TERMS In considera Ɵon of these services and control mechanisms agreed to, the Town of Lawrence shall pay to the Village of Hobart a fixed annual fee payable in 12 equal monthly installments. Payments will be made no later than the 10th day of each month. The term of the Agreement shall be for ten (10) years. The fee for years one (1) through ten (10) shall be as provided below. The understanding for this agreement is the current level of staff and service that is provided to each municipality. This is eight (8) Patrol Officers, two (2) Full-Time Lieutenants, two (2) Part-Time Lieutenants, two (2) School Resource Officers, one (1) InvesƟgator, one (1) Captain, one (1) Chief of Police, one (1) Full-Time AdministraƟve Assistant and one (1) Part-Time Records Clerk. If the Town of Lawrence deems it necessary to add coverage to their secƟon an agreed upon increase reimbursement of services will be discussed by July’s 1st regular scheduled board meeƟng – Lawrence will be responsible for the enƟre costs of doing so. AddiƟonally, if the Village of Hobart deems it necessary to add coverage to their secƟon, they will be responsible for the enƟre costs of doing so – there will not be a corresponding increase to the annual fee to Lawrence. The excepƟon to this rule is the increase of the addiƟonal resources that would be uƟlized by both municipaliƟes (for example an addiƟonal invesƟgator posiƟon or records personnel are added). These increases for services will also be discussed by July’s 1st regular scheduled board meeƟng. A Ōer the year 2032 of this term, the Village of Hobart and the Town of Lawrence shall meet to discuss the joint agreement, update as necessary, and adjust the fee schedule. YEAR FEE 2025 $793,903.84 2026 $833,599.03 PAGE 5 5 | Page 2027 $875,278.98 2028 $919,042.93 2029 $964,995.08 2030 $1,013,244.83 2031 $1,063,907.07 2032 $1,117,102.42 2033 $1,172,957.54 2034 $1,231,605.42 2035 $1,293,185.69 If the formula agreed upon below indicates it is necessary to propose a fee exceeding the amount generated by the agreed upon fee schedule above, wriƩen noƟce must be provided to the Town of Lawrence prior to the first regularly scheduled meeƟng in July. This noƟce will iniƟate a joint board meeƟng to discuss and take acƟon on the proposed increase for the following fiscal year. Increases to the agreed fee schedule are based on a formula trigger that factors in:  The five-year percentage of total police department Calls for Service (CFS)  The percentage of total Equalized ValuaƟon  The populaƟon of the municipaliƟes The formula is: X = (Average of CFS + Equalized ValuaƟon + PopulaƟon) × (General Fund + Capital Fund) An immediate trigger occurs if the five-year CFS percentage reaches 50-50. For other factors, each must independently reach 50-50 before being considered for triggering the formula. Conversely, in the event that overall cost savings occur due to environmental factors, staffing shortages, or other material changes impacƟng service levels, either party may request a review of the financial impact for that year. If a demonstrable case can be made that service levels provided were measurably lower than the agreed-upon terms, a compensaƟon review will be conducted. The review shall consider unexpended funds, including but not limited to salary and benefit savings resulƟng from prolonged staffing vacancies. Any reimbursement or financial adjustment resulƟng from the review shall be calculated based on the original funding structure of one-third (1/3) and two- thirds (2/3) as outlined in the iniƟal agreement. Requests for such a review must be made in wriƟng and supported by relevant financial and operaƟonal data. If an adjustment is warranted, the parƟes shall meet in good faith to determine the appropriate reimbursement or allocaƟon of savings. This clause shall not be construed as an automaƟc enƟtlement to reimbursement but rather as a framework for equitable financial adjustments based on service levels and cost savings realized. If either party wishes to terminate the agreement aŌer the ten (10) year term, wriƩen noƟce of this intent must be proved to the other party no later than January 31, 2033. PAGE 6 6 | Page The Village of Hobart and the Town of Lawrence (collecƟvely referred to as the "MunicipaliƟes" as defined in this Agreement) are hereby established as the founding members of the Hobart-Lawrence Police Department (the "Police Department"). The MunicipaliƟes shall jointly oversee the formaƟon, operaƟon, and funding of the Police Department in accordance with the terms set forth in this Agreement, including the cost-share formula outlined above. Notwithstanding the foregoing, in the event that addiƟonal municipaliƟes join the Police Department subsequent to its formaƟon, the exisƟng terms of the cost-share formula applicable to the MunicipaliƟes shall not automaƟcally extend to such addiƟonal municipaliƟes. The MunicipaliƟes acknowledge and agree that the inclusion of any addiƟonal municipaliƟes shall trigger a mandatory review of the cost-share formula and related funding provisions. During such review, the MunicipaliƟes shall collaborate in good faith to assess the financial and operaƟonal impacts of the expansion and, if deemed necessary, propose and adopt amendments to this Agreement to equitably adjust the cost- share formula and other relevant terms. Any such amendments shall be documented in wriƟng and executed by all parƟes to this Agreement then in effect. ARTICLE VI OWNERSHIP OF ASSETS In the event of termina Ɵon of the Agreement, the party that begins the terminaƟon process shall abdicate ownership of police equipment to the other party. All real estate buildings and fixtures (hereinaŌer “faciliƟes”) shall remain the property of each of the respecƟve municipaliƟes. Any and all operaƟng costs regarding or relaƟng to these faciliƟes including, but not limited to insurance coverage, shall remain the responsibility of the municipality that owns the respecƟve facility. Any and all assets purchased by the department during the term of this Agreement shall become the property of the party not starƟng the terminaƟon process when the terminaƟon of this Agreement is concluded. ARTICLE VII TERMS OF AGREEMENT The term of this Agreement shall commence on January 1, 2026, at 12:00 a.m. and conƟnue through December 31, 2035, at 11:59 p.m., regardless of the signature dates below. If either party intends to terminate the Agreement aŌer the iniƟal ten (10) year term, wriƩen noƟce must be provided to the other party no later than January 31, 2033. Such noƟce must be received by the other party in accordance with the Ɵmeline specified above. In the event either party believes that the other party has failed to comply with any requirements of this Agreement, it may invoke the following procedures, all of which are subject to §788, Wis. Stats.: The party asser Ɵng non-compliance will serve wriƩen noƟce on the other party, namely, the Village President and/or Town Chairperson. The noƟce will idenƟfy the specific provision alleged to have been violated and will specify the factual basis for the alleged non-compliance. The Village President PAGE 7 7 | Page and/or Town Chairperson, or their designees will thereaŌer meet within fiŌeen (15) days in an effort to dissolve the dispute. In the event the dispute is not resolved to the sa ƟsfacƟon of the parƟes within thirty (30) days aŌer the service of noƟce, the dispute will be referred to a panel of arbitrators. The arbitraƟon panel will consist of one person selected by the Village of Hobart, one person selected by the Town of Lawrence, and these two arbitrators shall select a third arbitrator. The decision of any two of this panel will be final and binding on both parƟes. Each party hereto will pay one-half of the expense of such arbitraƟon, unless the party who brought the issue to arbitraƟon is found to be unmerited by two arbitrators - that party will then pay the full amount of expenses of such arbitraƟon. ARTICLE VIII TERMINATION Except in the case of a breach of the Ag reement by either party in the terms and condiƟons of this Agreement as outlined in the paragraph above, should either party terminate the Agreement, that party shall reimburse the other party the costs of unemployment for the department personnel laid off as a result of the terminaƟon of this Agreement unƟl such Ɵme that the personnel are rehired, or longer receiving unemployment compensaƟon, or a period of one (1) year has passed, whichever is first. ARTICLE IX REVENUES Since grant revenues are reimbursed items, those funds will remain solely with the Village of Hobart, as they do not constitute additional revenue streams and will not be factored into the service fees paid by the Town of Lawrence. Additionally, all other revenues not identified in this Agreement shall also remain with the Village of Hobart. All donations will remain with the police department segregated fund. On an annual basis, the police department will report to both boards the status of the police department segregated fund for donations. ARTICLE X RECORDS All records will be maintained in the joint police department’s full- Ɵme administraƟve offices located in the Village of Hobart, under this Agreement. ARTICLE XI ANNUAL EVALUATION It being the inten Ɵon of the parƟes to provide for regular communicaƟon an annual evaluaƟon and review of police services, provided under this Agreement, will occur to ensure adequate levels of service to both communiƟes. The parƟe s agree that: the joint police department will provide an annual evaluaƟon of police protecƟon services in advance of the regular scheduled Board meeƟng that discusses the annual reports for the various municipal departments, or such other Ɵme as agreed to by the parƟes. The report shall provide a summary of acƟviƟes for the previous year, goals for the previous year, crime staƟsƟcs informaƟon, call volume and any manpower requirements, including any need for PAGE 8 8 | Page the hiring of addiƟonal police officers – again this shall be done prior to the 1st regularly scheduled board meeƟng of July. ARTICLE XII JOINT HOBART-LAWRENCE POLICE COMMISSION The Village of Hobart and the Town of Lawrence have established and shall maintain a joint police commission pursuant to §60.56, §61.65 (3g) (c), and §62.13, Wis. Stats., which establishes a Joint Police Commission that consists of five (5) members, three (3) appointed by the Village of Hobart and two (2) appointed by the Town of Lawrence. A majority of the commissioners (3) is a quorum. Members shall be appointed by each respec Ɵve municipaliƟes Board President to the Joint Police Commission pursuant to §62.13, Wis. Stats. Upon their appointment, the members of the Comm ission shall elect a president, vice-president, and secretary, and thereaŌer annually, following the appointment of members for regular terms. The Joint Police Commission shall have the powers and du Ɵes as set forth in §62.13 (5), Wis. Stats. ARTICLE XIII INDEMNITY It is the intent of the parƟes to be covered under the auspices of any applicable immunity granted by law. Nevertheless, the Village of Hobart and the Town of Lawrence shall obtain liability insurance sufficient to cover the joint police department for claims of loss or damages which may be occasioned by acts of the joint police department. The cost of insurance shall be included in the respecƟve police department budget. In the event that liability is incurred for any claim for damages, injury, or loss arising out of the operaƟons of the joint police department, either through policy exclusions, policy lapse, or any other reason the Village of Hobart and the Town of Lawrence agree to indemnify each other for said uninsured costs and/or damages in accordance with the contribuƟon toward the total department budget established above. In any case arising either municipality shall promptly noƟfy the other of the claim, cooperate with each other in the defense and resoluƟon of each claim and not seƩle or otherwise dispose of the claim without each other’s knowledge, and if necessary, parƟcipaƟon. The indemnificaƟon provisions of this Agreement shall survive terminaƟon of this Agreement of any claims that may be filed aŌer the terminaƟon date of the Agreement provided the claims are based upon acƟons that occurred during the term of this Agreement. ARTICLE XIV EXTENSION OF AGREEMENT This Agreement may be extended at any Ɵme during the term by mutual consent of both parƟes so long as such extension is approved by official acƟon of the Village and Town Boards. ARTICLE XV PAGE 9 9 | Page NON-ASSIGNABILITY Neither party shall assign any of the obliga Ɵons or benefits of this Agreement. ARTICLE XVI ENTIRE AGREEMENT The par Ɵes acknowledge, one to the other, that the terms of this Agreement consƟtute the enƟre understanding and Agreement of the parƟes regarding the subject maƩer of the Agreement. This Agreement consƟtutes the enƟre understanding and Agreement between the parƟes concerning the subject maƩer of this Agreement and supersedes all prior oral or wriƩen agreements or understandings. No representaƟon oral or wriƩen not incorporated in this Agreement shall be binding upon the Village or the Town. All parƟes must sign any subsequent changes in this Agreement. ARTICLE XVII SEVERABILITY If a court of competent jurisdic Ɵon renders any provision of this Agreement (or a porƟon of a provision) to be invalid or otherwise unenforceable, that provision or porƟon of the provision will be severed, and the remainder of this Agreement will conƟnue in full force and effect as if the invalid provision or porƟon of the provision were not part of this Agreement. In such an event, the municipality shall promptly meet to discuss how they might saƟsfy the intent of this Agreement by alternaƟve means. ARTICLE XVIII GOOD FAITH AND FAIR DEALING The municipali Ɵes hereby acknowledge that this Agreement imposes upon them a duty of good faith and fair dealing. It is the intent and desire of the municipaliƟes to work together and engage in intergovernmental cooperaƟon. The municipaliƟes agree to use their best efforts to meet and confer when issues arise pertaining to this Agreement and shall endeavor in good faith to resolve any disputes amicably. ARTICLE XIX VENUE This Agreement is governed by the laws of the State of Wisconsin without regard to con flicts of law principles thereof. Should any party insƟtute suit concerning this Agreement, the venue shall be in the Circuit Court of Brown County, Wisconsin. ARTICLE XX INTERPRETATION This Agreement shall be interpreted as though jointly dra Ōed by both municipaliƟes. AR TICLE XXI BINDING EFFECT PAGE 10 10 | Page This Agreement shall inure to the bene fit of, and be binding upon, the respecƟve parƟes’ successors and assigns. ARTICLE XXII COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall consƟtute but one and the same instrument. ARTICLE XXIII PREVIOUS AGREEMENTS It is understood that this agreement supersedes the original and the Second Hobart-Lawrence Intergovernmental Police ProtecƟve Services Agreements, and this agreement shall take the place as the sole principle document concerning the joint police department. IN WITNESS WHEROF, the Village of Hobart and the Town of Lawrence have executed this Agreement through their duly authorized officers on the day and year first above wriƩen. Dated ____ day of ____ 2025, T h e V i l l a g e : T h e T o w n : The Village of Hobart, Brown County WI The Town of Lawrence, Brown County, WI By: ______________________________ By: ________________________________ Richard Heidel, Village President Lanny Tibaldo, Town Chairperson PAGE 11 SECOND HOBART-LAWRENCE INTERGOVERNMENTAL POLICE PROTECTIVE SERVICES AGREEMENT This Agreement, by and between the Village of Hobart, a political subdivision of the State of Wisconsin, Brown County; and the Town of Lawrence, a political subdivision of the State of Wisconsin, Brown County; is entered into pursuant to the authority of §60.56, §61.65, and §66.0301, Wis. Stats, and is agreed to as follows: WHEREAS, the Village of Hobart has established and operates a joint police department with the Town of Lawrence, and has created a joint police commission pursuantto §61.65(3g)(c), Wis. Stats.withthepomr1rMimBmnfrrlin§6')..13;and WHEREAS, the Town of Lawrence has established and operates a joint police department with the Village of Hobart and has created a joint police commission pursuant to §60.56(1) (am) 1, Wis. Stats.; and WHEREAS, the Village of Hobart and the Town of Lawrence recognize the benefit of intergovernmental cooperation in maintairung a joint police department and a joint police COmmlSSlOn; NOW, THEREFORE, the Village of Hobart and the Town of Lawrence, in consideration of mutual promises, covenants, conditions and obligations as set forth herein, do hereby enter into this intergovernmental cooperation agreement as follows: I. Hobart-Lawrence Police Department 1. The Village of Hobart and the Town of Lawrence agree to maintain a joint police department to be known as the Hobart-Lawrence Police Department. 2. It is the intent of the Village of Hobart and the Town of Lawrence that this joint Police Departtnent shall provide policeprotective services in both communities. 3. The officers shall enforce the ordinances of the Village of Hobart and the Town of Lawrence, as well as the laws of the State of Wisconsin and the United States Government. Officers are authorized to make arrests in the Village of Hobart and the Town of Lawrence. This provision is not a limitation on any agreement to aid or assist any other municipality pursuant to any new or existing mutual aid agreement or pursuant to §66.0313, Wis. Stats. Offenses chargeable as a violation of municipal ordinances shall be charged as violating the ordinance of themunicipalitywhere the offense occurred. 4. The Village of Hobart Administrator or his designee shall handle the day-to-day administration of the Police Department, including but not limited to hiring, scheduling, and other administrative matters. Hiring shall only be after funding approval by both elected bodies and appointment by the police commission, where applicable. 1 PAGE 12 II. Hobart-Lawrence Police Commission 1. The Village of Hobart and the Town of Lawrence have established a n d shall maintain a joint police commission as shall satisfy and is pursuant to §60.56, §61.65 (3g)(c) and §62.13 Wis. Stats, which Commission shall consist of five (5) members, three (3) appointed by the Village of Hobart and two (2) appointed by the Town of Lawrence. A majority of the commissioners (3) is a quorum. 2. Members shall be appointed to the Commission pursuant to §62.13 Wis. Stats. 3. Upon their appointment, the members of the Commission shall elect a president, vice-president and secretary, and thereafter annually, following the appointment of members for regular terms. 4. The j o i n t Commission shall have the powers and duties as set forth in §62.13(5), Wis. Stats. IIII. Budget, Finance, and Ownership of Assets 1. Prior to the execution of this agreement and by November 1 of each succeeding year, the Village of Hobart and Town of Lawrence shall jointly prepare a total operation budget for the succeeding year for the joint department. The proposed budget shall identify capital expenditures and operational expenditures. The Village and Town shall then prepare its own budget incorporating the costs for the joint department, as hereinafter set forth. The Village of Hobart shall make all expenditures based upon the joint budgets of the Village of Hobart and Town of Lawrence, and shall be reimbursed by the Town of Lawrence as hereinafter provided. No expenditures shall be made for the joint department until the budgets of both elected Boards, incorporating expenses joint department have been approved by the respective elected Boards. 2. Operational costs for the joint department shall be shared by the Village of Hobart and the Town of Lawrence. The Village of Hobart shall pay 66.67% of the joint department's opetiot'i costs. The Town of Lawrence shall pay 33.33% of the joint department's operational costs. This allocation of costs shall remain in effect unless changed by an amendment to this agreement. 3. Any and all capital outlay items, iricluding but not limited to, vehicles and equipment, purchased for or on behalf of the joint department shall be purchased and owned jointly by the Village and the Town. The cost share for capital outlays made on behalf of the joint department shall be 50% Village and 50% Town. In the event of the termination of this agreement, the capital outlay of the joint department shall be equitably divided between the Village and Town, based upon the then value of the capital outlay, and the prior contributions to the purchase of that capital outlay by the Village of Hobart and the Town of Lawrence. 4. All revenues generated by the joint department shall be distributed to the Village and Town, based upon the allocation of expenses set forth above. Revenue due to the Town of Lawrence may be netted from billed expenses. Revenue will be distributed monthly to 2 PAGE 13 the Town of Lawrence. 5. The Village of Hobart shall serve as the fiscal agent for the joint department and shall make all disbursements relating to the joint department. Monthly, the Village of Hobart shall provide a statement to the Town of Lawrence for its share of the costs, which statement shall be paid within thirty (30) days. The Village of Hobart shall provide a financial statement regarding the department to the Town of Lawrence on a yearly basis. IV. Miscellaneous The Village of Hobart and Town of Lawrence shall obtain liability insurance sufficient to cover the joint department for claims of loss or damages which may be occasioned by acts of the joint police department. The cost for insurance shall be included in the respective police department budgets. In the event that liability is incurred for any claim for damages, injury or loss arising out of the operations of the joint department, either through policy exclusions, policy lapse, or any other reason, the Village of Hobart and Town of Lawrence agree to indemnify each other for said uninsured costs and/or damages in accordance with the contribution toward the total departmentbudget established above. V. Amendment No modification, alteration or amendment to this agreement shall be binding upon any party hereto until such modification, alteration or amendment is reduced to writing and duly executed by both elected Boards. VI. Governing of Law and Severability 1. The laws of the State of Wisconsin shall govern this agreement. 2. If any provisions of this agreement shall be held or deemed to be inoperative or unenforceable as applied to any particular case, or because of conflicts with any other provision or provisions hereof, or any constitution, statute, rule of public policy, or for any other reason, such circumstance shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision, or provisions contained herein, to be invalid, inoperable, or unenforceable to any extent whatsoever. VII. Assignment of Rights No party to this agreement may assign its rights or responsibilities under this agreement without the prior written consent of the other party. VIII. Terms of Agreement This agreement shall become effective upon approval and signing of both parties, and shall remain in effect until terminated by either party, by written notice. The said written notice of termination by either party shall be received by the other party not less than 730 days prior to the desired termination date; however, no party shall be allowed to give notice of termination of this agreement within the first 3 years following the effective date of this agreement. 3 PAGE 14 IX. Dispute ResolutNon In the event either party believes that the other party has failed to comply with any requirements of this agreement, it may invoke the following procedures, all of which are subject to Chapter 788, Wis. Stats.: 1. The party asserting non-compliance will serve written notice on the other party, namely, the Village President and/or Town Chairperson. The notice will identify the specific provision alleged to have been violated, and will specify the factual basis for the alleged non-compliance. The Village President and/or Town Chairman, or their designees will thereafter meet within fifteen (15) days in an effort to dissolve the dispute. 2. hi the event the dispute is not resolved to the satisfaction of the parties within thirty (30) days after the service of notice, the dispute will be referred to a panel of arbitrators. The arbitration panel will consist of one person selected by the Village of Hobart, one person selected by the Town of Lawrence, and these two atbitrators shall select a third arbitrator. The decision of any two of this panel will be final and binding on both parties. Bach party hereto will pay one-half of the expense of such arbitration. 4 PAGE 15 l ATTEST: TOWN OF LAWRENCE ATTEST Jo Klasen. Tom Chair DIAL M""" 5 PAGE 16