City of Oak Creek
Common Council Report
Meeting Date: April 19, 2005
Item No.: 21
Recommendation: That the Common Council approve the retirement of K-9 Bear by adopting Council Proclamation No. 05-07, and to concur with the Transfer of Ownership Agreement which conveys ownership of Bear to Officer Brett Mendola.
Background: K-9 Bear began service to the City of Oak Creek in June of 1998. The K-9 team of Officer Brett Mendola and K-9 Bear have served the community with diligence for the past seven years. K-9 Bear is now ten years old. This is equivalent to 70 in human years. His best years of fighting crime are now behind him and it’s time to retire.
A Transfer of Ownership Agreement is attached. The document addresses that all future costs regarding K-9 Bear will be the responsibility of Officer Brett Mendola as, with this action, we are officially transferring the ownership of Bear to him. Officer Brett Mendola also agrees to accept the responsibility for any and all future needs, including medical, of his retired partner Bear. The Agreement is the same used for past K-9 retirements, and has had previous legal review.
For your information, K-9 Bear’s replacement, Kuno, is currently in training with Officer Paul Hernon and will be put into service as of May 18, 2005.
Fiscal Impact: None.
Respectfully submitted,
Barbara S. Blumenfield, Ph.D
City Administrator
Prepared by:
Lt. Daniel Hermann
Approved by: Fiscal Review by:
Thomas P. Bauer Beverly A. Buretta, CMC
Chief of Police City Clerk
This is an Agreement by and between the City of Oak Creek Police Department (hereinafter the “City”), the Oak Creek Professional Police Officer’s Association by the Labor Association of Wisconsin (hereinafter the “Association”) and Officer Brett Mendola. The parties are desirous of working out mutually agreeable arrangements for the retirement of one of the City’s canine dogs, Bear, to Officer Brett Mendola.
1. The parties hereby agree that, effective after the City Council approves this Agreement that on May 18, 2005, Bear will be retired from service for the City.
2. As a result of the retirement, the City agrees to transfer ownership of Bear to Officer Brett Mendola at no cost. Officer Mendola understands and agrees that the City offers no warranty as to the current or future condition or health of Bear; Officer Mendola agrees to accept ownership of Bear “as is” and that he is taking full responsibility for any and all costs associated with the care and maintenance of Bear. This transfer means that all ownership and rights after May 18, 2005 belong to Officer Mendola.
3. Officer Mendola and the Association agree that they will not put Bear into service as a canine drug/patrol dog for any entity at any time in the future, including actual use in narcotics searches, detection or patrol functions, as well as for any training associated with narcotics searches, detection or patrol functions. Officer Mendola and the Association agree not to sell Bear for profit, loan Bear out, or give him away, if the purpose of such transfer is for the purpose of Bear engaging in narcotics detection, searches or patrol functions.
4. Officer Mendola and the Association agree that Bear’s certification for conducting narcotics detection, searches or patrol functions will expire upon Bear’s retirement from service with the City on May 18, 2005. Officer Mendola and the Association agree that they will not attempt to re-certify Bear for narcotics detection, searches and patrol functions, and will not offer Bear’s services to any private or public entity, or personally use Bear for narcotics detection or patrol functions.
5. Officer Mendola agrees to return any and all Departmental property issued for use with canine drug/patrol dogs, at the direction of the canine unit supervisor.
6. Officer Mendola and the Association agree to hold the City of Oak Creek harmless and also agree to file no claim of any kind, including but not limited to, a grievance, lawsuit, Fair Labor Standards Act action (state or federal), or any other claim or suit arising out of Bear’s service to the City, Bear’s retirement as a canine drug/patrol dog from the City, or Officer Mendola’s claim for salary or benefits for prior maintenance and care of Bear.
7. Officer Mendola agrees not to retrain Bear for other police-related services (i.e., patrol, search, etc.) for the purposes of financial gain.
8. This document is the full and complete agreement between the parties regarding this matter. The parties’ signatures below constitute consent to the Agreement and transfer of ownership of Bear to Officer Mendola.
_________________________________________ ___________________________
Officer Brett Mendola Date
_________________________________________ ___________________________
On behalf of Oak Creek Police Date
OCPPA, LAW
_________________________________________ ___________________________
On behalf of City of Oak Creek Date
Police Department
City of Oak Creek
Common Council Report
Meeting Date: April 19, 2005
Item No.:
Recommendation: That the Common Council approve Proclamation No. 05-07, recognizing the retirement of K-9 Bear, the fourth police service K-9 for the City of Oak Creek.
Background: K-9 Bear began police service for the City of Oak Creek in June of 1998 with Officer Brett Mendola as his handler. Due to the age of Bear, it was determined that it was time to retire him.
Fiscal Impact: The City is replacing K-9 Bear with another dual purpose K9 at a cost of $12,000. These monies have been appropriated in the 2005 C.E.P. budget.
Respectfully submitted,
Barbara S. Blumenfield, Ph.D
City Administrator
Prepared by:
Lt. Daniel Hermann
Approved by: Fiscal Review by:
Thomas P. Bauer Beverly A. Buretta, CMC
Chief of Police City Clerk
COUNCIL PROCLAMATION 05-07
RETIREMENT OF
CANINE BEAR
The Fourth Police Service K-9 for the City of Oak Creek
WHEREAS, a decision was made to acquire a dual purpose dog in April of 1998; and
WHEREAS, Officer Brett Mendola was chosen to become a K-9 handler and was sent for training/introduction to K-9 Bear in April of 1998 ; and
WHEREAS, Officer Brett Mendola and K-9 Bear returned in May of 1998 and began their tour; and
WHEREAS, Officer Brett Mendola and Bear have responded from home on a moment’s notice to calls for police service; and
WHEREAS, the team competed in the 2000 Can Am Police & Fire Games and won two gold medals and one bronze; and
WHEREAS, the team competed in the 2002 Mid West Police & Fire Games and won two gold medals and one bronze medal.
NOW, THEREFORE, we acknowledge this highly effective team and honorably discharge Bear from service effective May 18, 2005.
Passed and adopted this 19th day of April, 2005.
________________________________
Mayor, City of Oak Creek
ATTEST:
________________________________
City Clerk
________________________________ ________________________________
Alderman, 1st District Alderman, 4th District
________________________________ ________________________________
Alderman, 2nd District Alderman, 5th District
________________________________ ________________________________
Alderman, 3rd District Alderman, 6th District
COUNCIL PROCLAMATION 05-07
RETIREMENT OF
CANINE BEAR
The Fourth Police Service K-9 for the City of Oak Creek
WHEREAS, a decision was made to acquire a dual purpose dog in April of 1998; and
WHEREAS, Officer Brett Mendola was chosen to become a K-9 handler and was sent for training/introduction to K-9 Bear in April of 1998 ; and
WHEREAS, Officer Brett Mendola and K-9 Bear returned in May of 1998 and began their tour; and
WHEREAS, Officer Brett Mendola and Bear have responded from home on a moment’s notice to calls for police service; and
WHEREAS, the team competed in the 2000 Can Am Police & Fire Games and won two gold medals and one bronze; and
WHEREAS, the team competed in the 2002 Mid West Police & Fire Games and won two gold medals and one bronze medal.
NOW, THEREFORE, we acknowledge this highly effective team and honorably discharge Bear from service effective May 18th, 2005.
Passed and adopted this 19th day of April, 2005.
________________________________
President, Common Council
Approved this 19th day of April, 2005.
________________________________
Mayor, City of Oak Creek
ATTEST:
_______________________________
City Clerk
Vote: Ayes _____ Noes _____