HomeMy WebLinkAbout6.i. Dakota County Drug Task Force Joint Powers AgreementCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date March 15, 2005
AGENDA ITEM: Dakota County Drug Task Force Joint
AGENDA SECTION:
Powers Agreement
Consent
PREPARED BY: Gary Kalstabakken, Chief of Polic
AGE N
ATTACHMENTS: Joint Powers Agreement
APPROVED BY:
RECOMMENDED ACTION Motion to approve the execution of a Joint Powers Agreement
to authorize the Police Department to participate in the Dakota County Drug Task Force
from January 1, 2005 December 31, 2005
ACTION:
BACKGROUND
The Rosemount Police Department has been a member of the Dakota County Drug Task
Force since 2001 and a member of its predecessor task force for several years prior to 2001
Rosemount has contributed a minimum of 20 FTE (416 hours) since 2002 and request
continued participation at the same level All law enforcement agencies within Dakota
County are members of the Task Force
SUMMARY
The Joint Powers Agreement was reviewed this year and has been slightly modified All
modifications have been reviewed and approved by City Attorney LeFevere Modifications
include,
Language reflecting the addition of an agent of the Bureau of Alcohol, Tobacco and
Firearms to the Task Force
Removal of language specific to the City of Burnsville as the fiscal agent, the City of
Eagan will be assuming those responsibilities
Length of agreement extended from one (1) to five (1) years, expiring on December
31, 2009 Termination language is included to allow earlier termination of the Task
Force if desired
Other language modifications to more accurately reflect the practices and duties of the
Board
Membership on the Task Force is a cost effective means to address the investigation of
illegal drug use and sales in the community Council approval of the JPA is respectfully
requested to allow the Police Department to continue to participate on the Task Force
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
The parties to this Agreement are units of government responsible for the
enforcement of controlled substance laws in their respective jurisdictions. This
Agreement is made pursuant to the authority conferred upon the parties by Minnesota
Statutes §471.59.
NOW THEREFORE, the undersigned governmental units, in the joint and mutual
exercise of their powers, agree as follows
Name. The parties hereby establish the Dakota County Drug Task Force.
2. General Purpose. The purpose of this Agreement is to establish an organization
to coordinate efforts to apprehend and prosecute drug offenders
3. Members The members of thus Agreement shall consist of the following units of
government.
City of Apple Valley
City of Burnsville
City of Eagan
City of Farrington
City of Hastings
City of Inver Grove Heights
City of Lakeville
City of Mendota Heights
City of Rosemount
City of Savage
City of South St Paul
City of West St. Paul
Dakota County
4. Administrative Board.
4.1 Creation and Composition Anoint powers board, known as the Drug Task Force
Administrative Board, is established for the purposes contained herein with the powers
and duties set forth in this Agreement. The Board shall consist of one member from each
of the member units of government, appointed by their respective police chief or sheriff,
plus one member appointed by the Dakota County Attorney Board members appointed
by police chiefs and the sheriff must be full -time supervisory peace officers of their
jurisdiction or office. Board members shall not be deemed employees of the Task Force
and shall not be compensated by it
4.2 Term. Board members shall serve at the pleasure of thew respective police chief,
sheriff or county attorney, or their legal successor. In the event that any Board member
DAKOTA COUNTY DRUG TASK FORCE 1 JOINT POWERS AGREEMENT
shall be removed by the appointing agency, the vacancy shall be filled by the appropriate
appointing agency.
4.3 Officers In January of each year, the Board shall elect from its members a chair,
a vice chair, a secretary /treasurer, and such other officers as it deems necessary to
conduct its meetings and affairs Officers shall serve for a term of one (1) year or until
the officer ceases to be a board member, whichever is shorter.
4.4 Meetings The Board shall have regular and special meetings at such times and
places as the Board shall determine Special meetings may be held on three (3) days'
notice by the chair or any two (2) board members, except that a special meeting to
consider adoption of or amendments to the Board's operating rules pursuant to paragraph
6.1 shall require ten (10) days' notice The presence of two -thirds (2/3) of the board
members at a meeting shall constitute a quorum
4.5 Voting Each board member shall be entitled to one vote. Proxy voting is not
permitted The Board shall function by a majority vote of the board members present.
5. Duties of the Administrative Board.
5.1 The Board shall formulate a program to carry out its purpose.
5.2 The Board shall coordinate intelligence between the members and the Task Force.
5.3 The Board shall appoint and supervise the Agent-in-Charge of the Task Force.
The Board may appoint and supervise Assistant Agent(s) -m- Charge of the Task Force.
All such appointments are subject to the concurrence of an Agent's police chief or
sheriff.
5.4 The Board shall cause to be made an annual audit of the books and accounts of the
Task Force and shall make and file a report to its members which includes the following
information
(a) the financial condition of the Task Force;
(b) the status of all Task Force projects;
(c) the business transacted by the Task Force; and
(d) other matters which affect the interests of the Task Force.
55 The Task Force's books, reports and records shall be open to inspection by its
members at all reasonable times.
DAKOTA COUNTY DRUG TASK FORCE 2 JOINT POWERS AGREEMENT
6. Powers of the Administrative Board.
6.1 The Board may adopt and amend such bylaws that it may deem necessary or
desirable for the conduct of the business of the Board Such bylaws shall be consistent
with the terms of this Agreement and any applicable laws or regulations.
6.2 The Board may enter into any contract necessary or proper for the exercise of its
powers or the fulfillment of its duties and enforce such contracts to the extent available in
equity or at law The Board may authorize the chair of the Board to execute those
contracts
63 The Board may disburse funds in a manner which is consistent with this
Agreement and with the method provided by law for the disbursement of funds by the
parties to this Agreement.
6.4 The Board may apply for and accept gifts, grants or loans of money or other
property or assistance from the United States Government, the State of Minnesota, or any
person, association or agency for any of its purposes, enter into any agreement in
connection therewith, and hold, use and dispose of such money, property or assistance in
accordance with the terms of the gift, grant or loan relating thereto.
65 The Board may cooperate with other federal, state and local law enforcement
agencies to accomplish the purpose for which it is organized.
6.6 The Board may contract with any of its members to take title to, hold, manage and
convey real property obtained by the Board and on its behalf as a result of civil asset
forfeiture proceedings, to enter into contracts regarding such real property; and to pay
reasonable and necessary expenses related to the hold, managing and conveyance of such
real property The member shall be entitled to reimbursement for such expenses upon
sale of the property and shall transmit any net proceeds to the Board. If expenses exceed
the sale of proceeds, the Board shall reimburse the member from other funds.
6.7 The Board will purchase liability insurance, which shall be payable from Task
Force funds, and the members may not take any actions under this Agreement until such
liability insurance is in effect.
68 The Board may hold such property as may be required to accomplish the purposes
of this Agreement and upon termination of this Agreement make distribution of such
property as provided for in this Agreement.
6.9 The Board may recommend changes in this Agreement to its members.
DAKOTA COUNTY DRUG TASK FORCE 3 JOINT POWERS AGREEMENT
Budgeting and Funding.
7.1 The members intend to fund the cost of operation of the Task Force from grant
funds and matching funds from member cities and Dakota County, from the proceeds of
forfeiture actions, and from restitution. It is the members' intention that matching funds
shall fund the continued cost of maintaining the replacement officers for the full -tune
officer assigned by some members to the Task Force
7.2 The Board shall adopt a budget based upon grant funds, member matching funds
and money made available from other sources. The Board may amend the budget from
time to time.
7.3 The Board may contract with any of its members to provide budgeting and
accounting services necessary or convenient for the Board Such services shall include,
but not be limited to: management of all funds, including member contributions and grant
monies; forfeiture proceeds; payment for contracted services; and relevant bookkeeping
and recordkeeping No payment on any invoice for services performed by any person
providing services in connection with this Agreement shall be authorized unless approved
by the chair, vice -chair or secretary /treasurer.
7.4 The members agree to contribute their grant funds and required matching funds to
operate the Task Force
7.5 All funds shall be accounted for according to generally accepted accounting
principles. The Secretary /Treasurer shall make a monthly financial report of all
expenditures and receipts, and current fund balances to the Board.
7.6 The Board may not mcur debts
77 The Board's obligation to reimburse members for any expense, furnish equipment
and the like is contingent upon the receipt of grant funds for that purpose. If insufficient
grant funds are received, the Board may reduce the level of reimbursement and/or reduce
other expenditures
8. Agent
8.1 Each member shall assign one experienced, licensed peace officer to serve as
agents for the Task Force as follows:
City of Apple Valley
City of Burnsville
City of Eagan
City of Farmington
One (1) Full Time Equivalent (FTE)
One (1) FTE
One (1) FTE
One Seventeen Hundredth (.17) FTE
DAKOTA COUNTY DRUG TASK FORCE 4 JOINT POWERS AGREEMENT
City of Hastings
City of Inver Grove Heights
City of Lakeville
City of Mendota Heights
City of Rosemount
City of Savage
City of South St. Paul
City of West St. Paul
Dakota County
One Half 50) FTE
One (1) FTE
One (1) FTE
One Quarter (.25) FTE
One Twenty Hundredth 20) FTE
One Quarter 25) FTE
One Half (.50) FTE
One (1) FTE
Four (4) FTE
82 Agents shall not be employees of the Task Force. Agents shall remain employees
of the member that has assigned them to the Task Force and shall be compensated by that
member. Each party to this Agreement shall be responsible for injuries to or death of its
own personnel. Each party to this Agreement waives its right to sue any other parry for
any workers' compensation benefits paid to its own employee or their dependents, even if
the injury were caused wholly or partially by the negligence of any other parry, or its
officers, employees or agents.
8.3 Agents will be responsible for drug investigation, including intelligence
management, case development and case charging Agents will also assist other agents in
surveillance and undercover operations Agents will work cooperatively with assisting
agencies.
8.4 Agents will be supervised by the Agent -in- Charge or, in his/her absence, by the
Team Leader assigned by the Agent -m- Charge to act in his/her behalf
8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular
phone, and a vehicle and pay any lease payments, insurance. maintenance and operating
costs of the vehicle. Further, the member appointing the Agent shall pay all expenses
associated with tuition, travel, lodging and meals. Each party shall be responsible for
damages to or loss of its own equipment Each party waives the right to sue any other
party for any damages to or loss of its equipment, even if the damages or loss were
caused wholly or partially by the negligence of any other parry or its officers, employees
or agents.
8.6 The members shall maintain the officer positions lured to replace the officer
assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the
Task Force as shown in 8.1.
DAKOTA COUNTY DRUG TASK FORCE 5 JOINT POWERS AGREEMENT
9. Agent -in- Charge and Team Leader(s).
9.1 From among the full -time Agents assigned by members, the Board shall appoint
an Agent -m- Charge who shall serve at the Board's pleasure The Agent -m- Charge must
be a full -tune, licensed supervisory peace officer of a member The Agent -m- Charge
shall remain an employee of the member that has assigned them to the Task Force
9.2 The Agent -in- Charge shall be in charge of the day -to -day operation of the Task
Force, including supervising the Task Force's assigned personnel subject to direction
received from the Board. The Agent-in-Charge is responsible for staffing, scheduling,
case assignment, case management, record keeping, informant management, buy fund
management, petty cash management and intelligence management The Agent -m-
Charge will be responsible to keep the Board updated as to the Task Force's activity,
which would include mayor case development within memberjunsdictions The Agent
in-Cbarge will supervise the drafting and execution of all search warrants initiated by the
Task Force Unit and will work cooperatively with the agencies with venue over the case.
The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds,
and will provide Board members with a monthly accounting of all funds disbursed and a
written summary of activity with the unit.
93 The Agent -in- Charge may exclude Agents from further Task Force involvement
subject to review by the Board and approval of the member that assigned the Agent to the
Task Force
9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the
Board, with the concurrence of the Agent's member agency, and serve at the Board's
pleasure. The Team Leader(s) must be a full -time, licensed peace officer of a member
and shall be paid a supervisor's salary by that member agency only during that time that
the Agent -in- Charge is absent The Team Leader(s) shall remain an employee of the
member city or County at all times.
95 The duties, responsibilities and authority of the Team Leader(s), while the Agent
in- Charge is absent, shall be the same as the Agent -in- Charge as described in paragraph
9 2 herein. If there is more than one Team Leader, the Agent-in-Charge will assign one
Team Leader to act as Agent -in- Charge while the Agent -m- Charge is absent.
10. Forfeiture, Seizures and Fines. Items that are seized pursuant to this Agreement
shall be used to support Task Force efforts. The use and disbursement of these items
must be approved by the Board In the case of federal forfeiture actions, established
federal rules shall be followed The Board may chvide all remaining forfeited items
among Task Force members in proportion to the Full Time Equivalent contributions of
each member of this Agreement as set forth in paragraph 8 1 herein. Fine and restitution
DAKOTA COUNTY DRUG TASK FORCE 6 JOINT POWERS AGREEMENT
monies ordered paid to the Task Force by court order shall be used to offset equipment or
operating costs of the Task Force not funded by grant or matching funds.
11. Indemnification. Each member shall fully indemnify and hold harmless the other
members against all claims, losses, damage, liability, suits, judgments, costs and
expenses by reason of the action or inaction of its employees assigned to the Task Force
to the extent not covered by msurance This Agreement to indemnify and hold harmless
does not constitute a waiver by any member of limitations on liability provided by
Minnesota Statutes, Chapter 466.
12. Effective Date. This Agreement shall take full effect on January 1, 2005. All
members need not sign the same copy. The signed Agreement shall be filed with the City
of Burnsville, who shall notify all members in writing of its effective date.
13. Termination and Withdrawal.
13.1 Termination Date This Agreement shall terminate upon the occurrence of any
one of the following events, whichever occurs first.
When necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction; or
When a majority of members agree by resolution to terminate the agreement
upon a date certain, or
On December 31, 2009.
13.2 Withdrawal Any member may withdraw from this Agreement upon six months'
written notice to the Board The Board shall notify the members pursuant to paragraph
14. Withdrawal shall not act to discharge any liability incurred by the member prior to
withdrawal Such liability shall continue until discharged by law or agreement In the
event of withdrawal by any member, the agreement shall remain in full force and effect
as to all remaining members.
13.3 Effect of Termination Upon termination of this Agreement, all property of the
Task Force shall be sold or distributed to the members in proportion to the Full Time
Equivalent contributions of each member of this Agreement as set forth in paragraph 7.1
herein.
DAKOTA COUNTY DRUG TASK FORCE 7 JOINT POWERS AGREEMENT
14. Notice. Notice of withdrawal shall be provided by first class mail to the following:
Apple Valley Chief of Police
7I00 147 Street West
Apple Valley, MN 55124
Burnsville Chief of Police
100 Civic Center Parkway
Burnsville, MN 55337
Eagan Chef of Police
3830 Pilot Knob Road
Eagan, MN 55122
Farmington Chief of Police
325 Oak Street
Farmington, MN 55024
Hastings Chief of Police
150 3 rd Street East
Hastings, MN 55033
Inver Grove Heights Director of
Public Safety
8150 Barbara Avenue
Inver Grove Heights, MN 55077
Savage Chief of Police
6000 McColl Drive
Savage, MN 55378
Lakeville Chief of Police
20110 Holyoke Avenue South
Lakeville, MN 55044
Mendota Heights Chief of Police
1101 Victoria Curve
Mendota Heights, MN 55118
Rosemount Chief of Police
2875 145th Street West
Rosemount, MN 55068
South St Paul Chief of Police
125 3` Avenue North
South St. Paul, MN 55075
West St Paul Chief of Pollee
1616 Humboldt Avenue
West St Paul, MN 55118
Dakota County Sheriff
Law Enforcement Center
1580 Highway 55
Hastings, MN 55033
1N WITNESS WHEREOF, the undersigned governmental units, by action of their
governing bodies, have caused this Agreement to be executed in accordance with the
authority of Minnesota Statute §471 59.
Approved by the City Council
Date
CITY OF APPLE VALLEY
By
Date of Signature
Attest
Date of Signature
DAKOTA COUNTY DRUG TASK FORCE a JOINT POWERS AGREEMENT
Approved by the City Council
Date
Approved by the City Council
Date
Approved by the City Council
Date
Approved by the City Council
Date
Approved by the City Council
Date
CITY OF BURNSVILLE
By
Date of Signature
Attest
Date of Signature
CITY OF EAGAN
By
Date of Signature
Attest
Date of Signature
CITY OF FARMINGTON
By
Date of Signature
Attest
Date of Signature
CITY OF HASTINGS
By
Date of Signature
Attest
Date of Signature
CITY OF INVER GROVE HEIGHTS
By
Date of Signature
Attest
Date of Signature
DAKOTA COUNTY DRUG TASK FORCE 9 JOINT POWERS AGREEMENT
Approved by the City Council
Date
Approved by the City Council
Date
Approved by the City Council
Date
Approved by the City Council
Date
Approved by the City Council
Date
CITY OF LAKEVILLE
By
Date of Signature
Attest
Date of Signature
CITY OF MENDOTA HEIGHTS
Rv
Date of Signature
Attest
Date of Signature
CITY OF ROSEMOUNT
RV
f
Date of Signature
Attest
Date of Signature
CITY OF SAVAGE
By
Date of Signature
Attest
Date of Signature
CITY OF SOUTH ST. PAUL
By
Date of Signature
Attest
Date of Signature
i
1
DAKOTA COUNTY DRUG TASK FORCE 10 JOINT POWERS AGREEMENT