HomeMy WebLinkAboutResolution 2016 (30) Resolution No. 30 (2016)
ST ROUK,,, RESOLUTION APPROVING LAW ENFORCEMENT SERVICES
' ' AGREEMENT BETWEEN THE ST. CROIX COUNTY SHERIFF
AND THE TOWN OF TROY
1 WHEREAS, Wisconsin Statute § 66.0301 authorizes cooperative agreements between
2 municipalities; and
3
4 WHEREAS, Wisconsin Statute § 66.0301(1)(a) defines "municipality"to include towns
5 and counties; and
6
7 WHEREAS, the St. Croix County Sheriff and the Town of Troy desire to enter into an
8 agreement whereby the Sheriff would provide law enforcement services to the town in addition
9 to services normally provided to the town, and the town will compensate the County for the
10 additional services; and
11
12 WHEREAS, a letter from the Chairperson of the Town of Troy is attached to this
13 Resolution requesting the St. Croix County Sheriff to provide law enforcement services to the
14 Town of Troy; and
15
16 WHEREAS, the County Board of Supervisors is required to approve such an agreement;
17 and
18
19 WHEREAS, a copy of the agreement is attached to this Resolution.
20
21 THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the
22 attached agreement between the St. Croix County Sheriff, St. Croix County, and the Town of
23 Troy for law enforcement services is hereby approved.
Legal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: The Sheriff and the Town shall negotiate the amount to be paid for Law
Enforcement services based on cost calculations. The Town shall pay the county
for the services provided by the Sheriff.
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P z i ca ty Adminiff1fitar 5/4120/6
03/11/16 Adopted
03/11/16 Public Protection & Judiciary Committee NO ACTION Next:
04/29/16
RESULT: NO ACTION Next: 4/29/2016 8:00 AM
05/13/16 Public Protection & Judiciary Committee APPROVED
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..........
RESULT: APPROVED [UNANIMOUS] Next: 6/7/2016 5:00 PM
MOVER: Scott Nelson,Vice Chair
SECONDER: Roger Larson, Supervisor
AYES: Brinkman, Babbitt, Larson, Nelson, Achterhof
Vote Confirmation.
rinl�nan, W 511312016
SL Croix County Board of Supervisors Action:
Roll Call -Vote Requirement—
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ron Kiesler, Supervisor
SECONDER: Jill Ann Berke, Supervisor
AYES: Sicard, Ring, Babbitt, Sjoberg, Long, Nelson, Berke, Larson, Hansen, Kiesler,
Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey
ABSENT: Tom Coulter, Laurie Bergren, Dave Ostness
This Resolution was Adopted by the St. Croix County Board of Supervisors on June 7, 2016
Cindy Campbell, County Clerk
LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN ST. CROIX
COUNTY AND TOWN OF TROY
This agreement is made and entered into by and between the St. Croix County Sheriff
(hereinafter"SHERIFF"), St. Croix County (hereinafter"COUNTY"), and the Town of Troy
(hereinafter"TOWN").
RECITALS
WHEREAS, the COUNTY, whose address is St. Croix County Government Center, 1101
Carmichael Road,Hudson,WI 54016,is authorized by Wisconsin Statutes§66.0301(2)to contract
with a town to furnish services; and
WHEREAS, the SHERIFF, whose address is St. Croix County Government Center, 1101
Carmichael Road, Hudson, WI 54016, is duly elected to keep and preserve the peace in the
COUNTY and manages and directs the operations of the St. Croix County Sheriffs Office in
providing law enforcement services with the boundaries of the COUNTY; and
WHEREAS, the TOWN, whose address is 654 Glover Road, Hudson, Wisconsin 54016,
desires to receive law enforcement services for the TOWN, in addition to those services normally
and regularly provided by the SHERIFF; and
WHEREAS,the SHERIFF is willing to provide additional law enforcement services to the
TOWN; and
WHEREAS, the COUNTY has authorized such an arr ge ent, provided its cost are
adequately reimbursed by the TOWN, in Resolution No. D a0/�
THEREFORE, in consideration of the above,the SHERIFF, COUNTY, and TOWN agree
as follows.
AGREEMENT
1. TERM. The term of this agreement shall commence on the date on which all parties have
executed this agreement and shall end as of December 31, 2016,unless sooner agreed to in
writing by the TOWN and the SHERIFF,the TOWN and the COUNTY,or the TOWN and
the SHERIFF and the COUNTY.
2. AUTOMATIC RENEWAL. This agreement shall be automatically renewed for
successive single calendar year terms,under the same conditions and provisions as set forth
herein, unless one of the parties notifies the other parties in writing a least 60 days prior to
the expiration date of their intention not to renew. Notwithstanding the forgoing, if a
different person is elected SHERIFF,that person may terminate this agreement at any time.
f�
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3. SHERIFF TO PROVIDE TOWN WITH LAW ENFORCEMENT
SERVICES. The SHERIFF shall assign a deputy to the TOWN and provide the assigned
deputy with a vehicle and all the necessary equipment to provide law enforcement services
to the TOWN during the coverage periods, set out in par. 7 below. The SHERIFF may
assign different deputies to different coverage periods or during a single coverage period.
If the coverage period is a full shift,the SHERIFF may assign a specific deputy to provide
law enforcement services to the TOWN. During patrol periods the deputy shall provide
contiguous patrol within the boundaries of the TOWN, subject to authorized breaks and
situations which require the deputy to respond to a mutual aid request or County
emergency. The assigned deputy,while on assigned duty and not otherwise occupied,shall
be a first responder to all incidents in the TOWN directed through the St. Croix County
Dispatch Center.
4. SHERIFF TO RETAIN SUPERVISORY CONTROL. The SHERIFF, or
designee, shall have supervisory control over the assigned deputy. The SHERIFF, or
designee, shall retain the authority to make decisions as to the manner in which services
shall be rendered. Consistent with the SHERIFF'S authority to exercise good law
enforcement practices, every effort will be made to respond to the TOWN'S needs and
desires.
5. ENFORCE TOWN ORDINANCES. The assigned deputy shall enforce all agreed
upon TOWN ordinances for which the TOWN empowers him or her. (The agreed upon
ordinances are attached to this agreement as ATTACHMENT 1 and may be changed from
time to time.) The assigned deputy shall attend all required court appearances on all
citations. The TOWN attorney shall handle the prosecution of those matters in court.
Overtime hours worked by the assigned deputy shall be reimbursed by the TOWN in
accordance with paragraph 6 below. It is further agreed that fines or forfeitures for State
charges shall be paid to the County and fines or forfeitures for TOWN ordinance violations
will be paid to the TOWN in accordance with State Law.
6. COMPENSATION TO COUNTY FOR SERVICES RENDERED. The
SHERIFF and the TOWN shall negotiate the amount to be paid for law enforcement
services. The TOWN shall pay the COUNTY for the services provided by the SHERIFF.
ATTACHMENT 2 sets forth the compensation agreement of the parties and shall be
amended when needed to address changes to compensation for services rendered pursuant
to this agreement. .
F
7. COVERAGE PERIODS. Coverage periods for services shall be established between
the SHERIFF and the TOWN.
8. USE OF TOWN OWN HALL. The TOWN shall make the TOWN HALL office available to
the assigned deputy for access to a telephone and a fax machine, if specified by the
SHERIFF. <
9. TOWN LIAISON. The TOWN shall designate a person to act as a liaison between the
TOWN and the SHERIFF relative to the assigned deputy's duties and performance, and
special assignments which the TOWN desires. The liaison will deal directly with the
SHERIFF or designee.
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10. INDEMNIFICATION. The TOWN shall defend, hold harmless and indemnify the
COUNTY and the SHERIFF,and the officers,agents and employees of each,for any claim
brought against them based on the negligence or improper act of the TOWN or any officer,
agent or employee of the TOWN arising from or related to this agreement, other than the
assigned deputy. Itis expressly understood that the TOWN will not defend,hold harmless
or indemnify the COUNTY or the SHERIFF for the alleged negligence or improper
conduct, or both, of any COUNTY employee, including the assigned deputy. The
COUNTY shall indemnify and hold harmless the TOWN, its officers, employees and
agents for any claim brought against them based on the negligence or improper act of the.
COUNTY or any COUNTY officer, employee or agent arising from or related to this
agreement. It is expressly understood that the COUNTY will not indemnify or hold
harmless the TOWN for claims arising out of the actions of TOWN officers, employees or
agents.
11. AGREEMENT NOT ASSIGNABLE. This agreement is for personal services and
is not assignable without the expressed written consent of the other parties which consent
may be withheld in the sole discretion of any party.
12. AGREEMENT'TERMINABLE FOR INSUFFICIENT FUNDS. If, during
the term of this agreement,the governing body of either the COUNTY or the TOWN shall
fail to appropriate sufficient funds to carry out this agreement, this agreement shall be
automatically terminated as of the date funds are no longer available, provided written
notice is given to the other parties as soon as is practicable. This paragraph shall not relieve
the TOWN of its responsibility to pay for services furnished to the TOWN prior to the date
of termination.
13. DUTY OF GOOD FAITH. The parties shall commence, carry on and complete their
respective obligations under this agreement in good faith and in a sound, economical and
efficient manner, in accordance with this agreement and all applicable laws. In carrying I
out this agreement, each party agrees to cooperate with the various departments, agencies,
employees and officers of the other parties.
14. PERSONNEL. The SHERIFF,the COUNTY and the TOWN each agree to provide all
personnel necessary to carry out this agreement. Such personnel shall not be deemed
employees of the other party (except that SHERIFF'S deputies and other Sheriff's office
employees of the COUNTY)nor shall they or any of them have or be deemed to have any
direct contractual relationship with any other party.
15. NOTICES. Notices,invoices and payments required by this agreement shall be deemed
delivered as of the date of the postmark if deposited in a United States mailbox, sufficient
first class postage attached, addressed to a party's address as set forth above. It shall be
the duty of a party changing its address to notify the other parties in writing as soon as F
practicable. As an alternative,notices,invoices and/or payments may also be sent by email
to the following email addresses:
TOWN—towntroy@baldwin-telecom.net
SHERIFF—jeff.klatt@co.saint-croix.wi.us
__._-._i
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16. NO WAIVER BY MAKING PAYMENT OR ACCEPTING SERVICE.
In no event shall making any payment or accepting any services required by this agreement
constitute or be construed as a waiver of any breach of this agreement or a waiver of any
default of any other party. The making of such payment or acceptance of such service by
one party while any breach or default exists shall in no way impair or prejudice the right
of the party harmed to recover damages or obtain any other legal remedy as a result of such
breach or default.
17. EQUAL OPPORTUNITY STATEMENT. During the term of this agreement,
with regard to any employment decisions relating to this agreement,all parties agree not to
discriminate on the basis of age, race, sex or sexual orientation; creed or religion; color;
handicap or disability; marital, citizenship, or veteran status; membership in the National
Guard, state defense force or reserves; national origin or ancestry; arrest or conviction
record; or any other classification or characteristic protected by law. This listing of
prohibited bases for discrimination shall not be construed to amend in any fashion state of
federal law setting forth additional bases and exceptions shall be permitted only to the
extent allowable by state or federal law.
18. NO THIRD PARTY BENEFICIARIES. This agreement is intended to be an
agreement solely between the parties hereto and for their benefit only. No part of this
agreement shall be construed to add to, supplement, amend, abridge or repeal existing C
duties, rights, benefits or privileges of any third party or parties, including but not limited
to employees of any party.
19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein
and supersedes any and all oral agreements and negotiations between the parties relating
to the subject matter hereof. The parties expressly agree that this agreement shall not be
amended in any fashion except in writing executed by all parties.
20. EXECUTION IN COUNTERPARTS. The parties may evidence their agreement
to the foregoing upon one or several counterparts of this instrument, which together shall
constitute a single instrument.
ST. CROIX COUNTY SHERIFF
Date Signed: j P ���_ by:
J Shilts, St. Croix County Sheriff
TOWN OF TROY
Date Signed: by: r\
Daniel Pearson, Town of Troy Chairperson
ST. CROIX COUNTY
Date b Signed: - —
g � 9 �� y:
Patrick Thompson, Admin strator
ATTACHMENT I
TOWN OF TROY ORDINANCES C S E NFORCED BY THE ST.
CROIX COUNTY SHERIFF
The following list of Town of Troy ordinances will be enforced by the St. Croix
County Sheriff pursuant to this agreement:
Chapter 85 —Littering
Chapter 109 —Parks and Recreational Facilities
Chapter 156 — Speeds Limits, Parking Restrictions, and Weight Limits
ATTACHMENT 2
COMPENSATION TO COUNTY FOR SERVICES RENDERED
BY SHERIFF
The TOWN agrees to pay the COUNTY the following compensation for
services provided by the SHERIFF pursuant to this agreement:
2016 - $67.00 per hour
2017 - $69.00 per hour
2018 - $71.00 per hour j
The SHERIFF shall provide an invoice to the TOWN on a monthly basis
detailing the total hours of services provided to the TOWN and the amount due for
the month.
k ko-A
TOWN of TRO
X54 Glover Read,Hudson,W154016
Phone: (715)425-2665 Fax: (715)425-2551
March 1,2016
St..Croix County Sheriff's Department
Attn. Sheriff,John Shilts
11.01 Carmichael Road
Hudson,WT 54016
RE: Law Enforcement Services
Dear Sheriff Sh%lts,
The Town of Troy is requesting that the St.Croix County Sheriff's Department provide
contracted law enforcement services to the Town of Troy.
Sincerely,
3
Daniel Pearson.
Chairperson,Town of Troy
-----------------
LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN ST. CROIX
COUNTY AND TOWN OF TROY
This agreement is made and entered into by and between the St. Croix County Sheriff
(hereinafter"SHERIFF"), St. Croix County (hereinafter"COUNTY"), and the Town of Troy
(hereinafter"TOWN').
RECITALS
WHEREAS,the COUNTY,whose address is St. Croix County Government Center, 1101
Carmichael Road,Hudson,WI 54016,is authorized by Wisconsin Statutes§66.0301(2)to contract
with a town to furnish services; and
WHEREAS,the SHERIFF,whose address is St. Croix County Government Center, 1101
Carmichael Road, Hudson, WI 54016, is duly elected to keep and preserve the peace in the
COUNTY and manages and directs the operations of the St. Croix County.Sheriffs Office in
providing law enforcement services with the boundaries of the COUNTY;and
WHEREAS, the TOWN, whose address is 654 Glover Road, Hudson, Wisconsin 54016,
desires to receive law enforcement services for the TOWN, in addition to those services normally
and regularly provided by the SHERIFF; and
WHEREAS,the SHERIFF is willing to provide additional law enforcement services to the
TOWN; and
WHEREAS, the COUNTY has authorized such an arr pge ent, provided its cost are
adequately reimbursed by the TOWN,in Resolution No. 30 X0/4
THEREFORE,in consideration of the above,the SHERIFF,COUNTY,and TOWN agree
as follows.
AGREEMENT
1. TERM. The term of this agreement shall commence on the date on which all parties have
executed this agreement and shall end as of December 31,2016,unless sooner agreed to in
writing by the TOWN and the SHERIFF,the TOWN and-the COUNTY,or the TOWN and
the SHERIFF and the COUNTY.
2. AUTOMATIC RENEWAL. This agreement shall be automatically renewed for
successive single calendar year terms,under the same conditions and provisions as set forth
herein,unless one of the parties notifies the other parties in writing a least 60 days prior to
the expiration date of their intention not to renew. Notwithstanding the forgoing, if a
different person is elected SHERIFF,that person may terminate this agreement at any time.
I
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3. SHERIFF TO PROVIDE TOWN WITH LAW ENFORCEMENT
SERVICES. The SHERIFF shall assign a deputy to the TOWN and provide the assigned
deputy with a vehicle and all the necessary equipment to provide law enforcement services
to the TOWN during the coverage periods, set out in par. 7 below. The SHERIFF may
assign different deputies to different coverage periods or during a single coverage period. _
If the coverage period is a full shift,the SHERIFF may assign a specific deputy to provide
law enforcement services to the TOWN. During patrol periods the deputy shall provide
contiguous patrol within the boundaries of the TOWN, subject to authorized breaks and :
situations which require the deputy to respond to a mutual aid request or County
emergency. The assigned deputy,while on assigned duty and not otherwise occupied,shall
be a first responder to all incidents in the TOWN directed through the St. Croix County
Dispatch Center. k
F
4. SHERIFF TO RETAIN SUPERVISORY CONTROL. The SHERIFF, or
designee, shall have supervisory control over the assigned deputy. The SHERIFF, or
designee, shall retain the authority to make decisions as to the manner in which services
shall be rendered.. Consistent with the SHERIFF'S authority to exercise good law
enforcement practices, every effort will be made to respond to the TOWN'S needs and
desires.
5. ENFORCE TOWN ORDINANCES. The assigned deputy shall enforce all agreed
upon TOWN ordinances for which the TOWN empowers him or her. (The agreed upon
ordinances are attached to this agreement as ATTACHMENT 1 and may be changed from
time to time.) The assigned deputy shall attend all required court appearances on all - f
citations. The TOWN attorney shall handle the prosecution of those matters in court.
Overtime hours worked by the assigned deputy shall-be reimbursed by the TOWN in
accordance with paragraph 6 below. It is further agreed that fines or forfeitures for State
charges shall be paid to the County and fines or forfeitures for TOWN ordinance violations
will be paid to the TOWN in accordance-with State Law.
6. COMPENSATION TO COUNTY FOR SERVICES RENDERED. The
SHERIFF and the TOWN shall negotiate the amount to be paid for law enforcement
services. The TOWN shall pay the COUNTY for the services provided by the SHERIFF.
ATTACHMENT 2 sets forth the compensation agreement of the parties and shall be
amended when needed to address changes to compensation for services rendered pursuant
to this agreement. .
7. COVERAGE PERIODS. Coverage periods for services shall be established between
the SHERIFF and the TOWN.
8. USE OF TOWN HALL. The TOWN shall make the TOWN HALL office available to
the assigned deputy for access to a telephone and a fax machine, if specified by the i
SHERIFF.
j->
9. TOWN LIAISON. The TOWN shall designate a person to act as a liaison between the
TOWN and the SHERIFF relative to the assigned deputy's duties and performance, and
special assignments which the TOWN desires. The liaison will deal directly with the
SHERIFF or designee.
I
i
10.INDEMNIFICATION. The TOWN shall defend, hold harmless and indemnify the
COUNTY and the SHERIFF,and the officers,agents and employees of each,for any claim
brought against them based on the negligence or improper act of the TOWN or any officer,
agent or employee of the TOWN arising from or related to this agreement, other than the
assigned deputy. It is expressly understood that the TOWN will not defend,hold harmless
or indemnify the COUNTY or Ithe SHERIFF_ for the. alleged negligence or improper-- _
conduct, or both, of any COUNTY employee, including the assigned deputy. The
COUNTY shall indemnify and hold harmless the TOWN, its officers, employees -and
agents for any claim brought against them based on the negligence or improper act of the.
COUNTY or any COUNTY officer, employee or agent arising from or related to this
agreement. It is expressly understood that the COUNTY will not indemnify or hold
harmless the TOWN for claims arising out of the actions of TOWN officers,employees or
agents.
11.AGREEMENT NOT ASSIGNABLE. This agreement is for personal services and
is not assignable without the expressed written consent of the other parties which consent
may be withheld in the sole discretion of any parry.
12.AGREEMENT f ERMINABLE FOR INSUFFICIENT FUNDS. If,during
the term of this agreement,the governing body of either the COUNTY or the TOWN shall
fail to appropriate sufficient funds to carry out this agreement, this agreement shall be
automatically terminated as of the date funds are no longer available, provided written
notice is given to the other parties as soon as is practicable. This paragraph shall not relieve
the TOWN of its responsibility to pay for services furnished to the TOWN prior to the date
of termination.
13.DUTY OF GOOD FAITH. The parties shall commence,carry on and complete their
respective obligations under this agreement in good faith and in a sound, economical and
efficient manner, in accordance with this agreement and all applicable laws. Inc carrying
g Ili.
out this agreement, each party agrees to cooperate with the various departments,agencies, _
employees and officers of the other parties.
14. PERSONNEL. The SHERIFF,the COUNTY and the TOWN each agree to provide all
personnel necessary to carry out this agreement. Such personnel shall not be deemed
employees of the other party (except that SHERIFF'S deputies and other Sheriffs office
employees of the COUNTY)nor shall they or any of them have or be deemed to have any
direct contractual relationship with any other party. r.
15. NOTICES..Notices,invoices and payments required by this agreement shall be deemed
delivered as of the date of the postmark if deposited in a United States mailbox, sufficient
first class postage attached, addressed to a party's address as set forth above. It shall be
the duty of a party changing its address to notify the other parties in writing as soon as
practicable. As an alternative,notices,invoices and/or payments may also be sent by email
to the following email addresses:
TOWN—towntroy@baldwin-telecom.net _ F:
SHERIFF—jeff.klatt@co.saint-croix.wi.us
F:
I
16.NO WAIVER BY MAKING PAYMENT OR ACCEPTING SERVICE.
In no event shall making any payment or accepting any services required by this agreement
constitute or be construed as a waiver of any breach of this agreement or a waiver of any
default of any other parry. The making of such payment or acceptance of such service by
one party while any breach or default exists shall in no way impair or prejudice the right
of the party harmed to recover damages or obtain any other legal remedy as a result of such
breach or default.
17.EQUAL OPPORTUNITY STATEMENT. During the term of this agreement,
with regard to any employment decisions relating to this agreement,all parties agree not to
discriminate on the basis of age, race, sex or sexual orientation; creed or religion; color;
handicap or disability; marital, citizenship, or veteran status; membership in the National
Guard, state defense force or reserves; national origin or ancestry; arrest or conviction
record; or any other classification or characteristic protected by law. This listing of
prohibited bases for discrimination shall not be construed to amend in any fashion state of I:
federal law setting forth additional bases and exceptions shall be permitted only to the
extent allowable by state or federal law.
I
18.NO THIRD PARTY BENEFICIARIES. This agreement is intended to be an'
agreement solely between the parties hereto and for their benefit only. No part of this
agreement shall be construed to add to, supplement, amend, abridge or repeal existing
duties, rights,benefits or privileges of any third party or parties, including but not limited
to employees of any party.
19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein
and supersedes any and all oral agreements and negotiations between the parties relating
to the subject matter hereof. The parties expressly agree that this agreement shall not be
amended in any fashion except in writing executed by all parties.
20. EXECUTION IN COUNTERPARTS. The parties may evidence their agreement
to the foregoing upon one or several counterparts of this instrument, which together shall F=
constitute a single instrument.
ST. CROIX COUNTY SHERIFF
Date Signed: li by:
J Shilts, St. Croix County Sheriff
TOWN OF TROY
Date Signed: �q—�1�. by: r\( P
Daniel Pearson, Town of Troy Chairperson
ST. CROIX COUNTY
Date Signed: by:
Patrick Thompson,Admin strator =
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ATTACHMENT I
TOWN OF TROY ORDINANCES ENFORCED BY THE ST.
-----CROIX-COUNTY SHERIFF
The following list of Town of Troy ordinances will be enforced by the St. Croix
County Sheriff pursuant to this agreement:
Chapter 85 —Littering
Chapter 109 —Parks and Recreational Facilities
Chapter 156 — Speeds Limits, Parking Restrictions, and Weight Limits
z- r
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ATTACHMENT 2
COMPENSATION TO COUNTY FOR SERVICES RENDERED
BY SHERIFF
The TOWN agrees to pay the COUNTY the following compensation for
services provided by the SHERIFF pursuant to this agreement:
F
f
2016 - $67.00 per hour
2017 - $69.00 per hour
2018 - $71.00 per hour
The SHERIFF shall provide an invoice to the TOWN on a monthly basis
detailing the total hours of services provided to the TOWN and the amount due for
the month.
C