PRESQUE ISLE, Maine — City councilors voted unanimously on April 4 to approve the police chief’s request to give Presque Isle police officers the authority to take law enforcement action in emergency situations outside the city, thus eliminating potential liabilities that could arise.
Irwin explained that his officers have always had the ability to leave Presque Isle to assist other departments during active pursuits or other incidents, but there have been certain liabilities that the officers could incur by acting, particularly if someone gets injured or dies.
“We all want to be able to count on an officer to stop and assist in an emergency, regardless of their jurisdiction. Last night’s vote provides our officers with the support to do that without the heavy burden of worrying about additional liabilities,” Irwin said on April 5.
“The officers have not requested this expansion,” said Irwin. “I feel strongly that our officers travel outside the city often enough for trainings or to assist other departments that the odds of them being in a situation where they have to take law enforcement action are significant.”
The council’s approval of the police chief’s request also eliminates an insurance liability from officers who take law enforcement action outside Presque Isle while off duty to assist a resident who is being victimized. Currently, Irwin said, if an off-duty officer were to provide assistance outside the city, those who are unaware of the situation could perceive restraint as kidnapping and challenge it as an unnecessary action. Other liabilities concern restraints that hinder a suspect’s ability to move freely and/or result in injury or death.
“If a crime happened, we would expect an officer to take police action,” up to and including making an arrest, Irwin told councilors during their April 4 meeting. “Right now if a fight occurs, their liability is at stake. I’m asking the city to give them the right to act as police officers in those situations.”
Irwin explained that the council’s approval would not allow his police officers to respond to calls or patrol areas outside of Presque Isle.
“This authorization would be only for emergency situations where other people call us for assistance. Officers wouldn’t run traffic details or respond to calls outside the city on their own,” he said.
“Would the sheriff’s department call us for help?” asked Council Chair Emily Smith.
“Only if there was a bad enough incident that required more police assistance,” Irwin answered. “But, for example, if we respond to a situation in Mars Hill where the sheriff or their police department asked for help, that would be different.”
Councilors voted unanimously to approve Irwin’s request to immediately increase police officer jurisdiction in emergency situations and eliminate liabilities for off-duty confrontations.
The next regular City Council meeting will be Wednesday, May 2, at 6 p.m. at Presque Isle City Hall.
