HomeMy WebLinkAbout6.l. Dakota County Drug Task Force - Joint Powers AgreementAGENDA ITEM: Dakota County Drug Task Force Joint
Powers Agreement
AGENDA SECTION:
Consent
PREPARED BY: Gary Kalstabakken, Chief of Polic
AGENDA NO.
ATTACHMENTS: Joint Powers Agreement
APPROVED BY:
ODi
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, 2010 December 31, 2014.
City Council Meeting Date: December 15, 2009
BACKGROUND
The Rosemount Police Department has been a member of the Dakota County Drug Task
Force (DTF) since 2001 and a member of its predecessor task force for several years prior to
2001. Rosemount has assigned an officer to the DTF at .75 FTE for the last two years and
anticipate assigning an officer full -time in 2010. All law enforcement agencies within Dakota
County and the City of Savage are members of the Task Force.
SUMMARY
The Joint Powers Agreement was reviewed this year because it was at the end of its five 950
year duration. All modifications have been reviewed and approved by City Attorney
LeFevere. Modifications were not substantive in nature but rather updating of dates,
insurance amounts due to minimum amount required and similar changes.
The DTF Board has reviewed its policies and procedures extensively over the last several
months. This was done in light of the issues that occurred at the Metro Gang Strike Force
with alleged mishandling of evidence, poor documentation and other issues. Board members
are confident that the proper policies and procedures are both in place and being followed.
RECOMMEDATION
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
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.
City of Apple Valley
City of Burnsville
City of Eagan
City of Farmington
City of Hastings
City of Inver Grove Heights
City of Lakeville
4. Administrative Board.
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:
1. Name. The parties hereby establish the Dakota County Drug Task Force "Task Force
2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate
efforts to investigate illegal drug activity and assist in the prosecution of drug offenders.
3. Members. The members of this Agreement shall consist of the following units of
government:
City of Mendota Heights
City of Rosemount
City of Savage
City of South St. Paul
City of West St. Paul
Dakota County
4.1 Creation and Composition. A joint powers board, known as the Drug Task Force Administrative
Board "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 their respective police chief, sheriff or
county attorney, or their legal successor. In the event that any Board member 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.
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DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
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 Task Force Commander. The Board may appoint
and supervise Team Leaders. All such appointments are subject to the concurrence of the Task Force
Commander's police chief or sheriff.
5.4 The Board shall cause to be made an annual independent 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.
5.5 The Task Force's books, reports and records shall be open to inspection by its members at all
reasonable times.
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.
6.3 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.
6.5 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.
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JOINT POWERS AGREEMENT
6.7 The Board shall maintain liability coverage with the League of Minnesota Cities Insurance Trust
(LMCIT) with a limit of at least $1,500,000 per occurrence, under standard LMCIT liability coverage
forms.
6.8 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 create a policies and procedures manual for use by the Task Force. If any
policy or procedure therein conflicts with a member's policy or procedure, the member's policy or
procedure shall apply to any agent assigned by the member to the Task Force pursuant to Section 8
hereunder.
6.10 The Board may recommend changes in this Agreement to its members.
7. 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 -time 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 Board 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 incur debt.
7.7 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. Agents.
8.1 Each member shall inform the Board in December of each year the allocated number of
experienced, full -time licensed peace officer(s) to serve as Agents for the Task Force for the
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DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
proceeding calendar year. The maximum number of licensed peace officers each member may assign
to the Task Force, with the exception of the Dakota County Sheriff is 2. The maximum number of
licensed peace officers the Dakota County Sheriff may assign to the Task Force is 5. The number of
licensed peace officer(s) per member allowed to serve as Agents for the Task Force must be approved
in advance by the Board.
8.2 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 party 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 party, or its officers, employees or agents.
8.3 Agents will be responsible for drug investigation, including intelligence management, case
development, case charging, handling and processing of evidence. Agents will also assist other Agents
in surveillance and undercover operations. To the extent authorized by law Agents will work
cooperatively with assisting member and non member agencies, including sharing intelligence and
information acquired by agents pursuant to this Agreement.
8.4 Agents will be supervised by the Task Force Commander or, in his /her absence, by the Team
Leader assigned by the Task Force Commander 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 party or its officers,
employees or agents.
8.6 The members shall maintain the officer positions hired 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.
9. Task Force Commander and Team Leader(s).
9.1 From among the full -time Agents assigned by members, the Board shall appoint a Task Force
Commander who shall serve at the Board's pleasure. The Task Force Commander must be a full -time,
licensed supervisory peace officer of a member. The Task Force Commander shall remain an
employee of the member that has assigned them to the Task Force.
9.2 The Task Force Commander 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 Task Force Commander is responsible for staffing, scheduling, case assignment, case
management, record keeping, informant management, buy fund management, petty cash
management, intelligence management, and management of all property seized and held for forfeiture.
The Task Force Commander will be responsible to keep the Board updated as to the Task Force's
activity, which would include major case development within member jurisdictions. The Task Force
Commander will supervise the drafting and execution of all search warrants initiated by the Task Force
and will work cooperatively with the agencies with venue over the case. The Task Force Commander
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.
DAKOTA COUNTY DRUG TASK FORCE 4 2010 -14 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
9.3 The Task Force Commander may exclude Agents from further Task Force involvement subject
to review by the Board. The member agency that assigned the Agent to the Task Force will be
immediately notified of the Task Force Commander's actions.
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 Task Force Commander is absent. The
Team Leader(s) shall remain an employee of the member city or county at all times.
9.5 The duties, responsibilities and authority of the Team Leader(s), while the Task Force
Commander is absent, shall be the same as the Task Force Commander as described in paragraph 9.2
herein. If there is more than one Team Leader, the Task Force Commander will assign one Team
Leader to act as Task Force Commander while the Task Force Commander 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 divide all remaining forfeited items among Task Force members in proportion to the then assigned
Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1
herein. Fine and restitution 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 and Hold Harmless. The Board shall purchase general liability insurance for
activities of the Task Force. Such insurance shall name each member as an additional insured. By
purchasing insurance, the members do not intend to waive, and the Agreement shall not be interpreted
to constitute a waiver of, by any member, limitations on liability or immunities provided by any
applicable Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liability
insurance shall be paid from funds provided pursuant to paragraph 7 hereunder.
The members of this Agreement are not liable for the acts or omissions of the other members of this
Agreement except to the extent to which they have agreed in writing to be responsible for acts or
omissions of the other members.
12. Effective Date. This Agreement shall take full effect on January 1, 2010. All members need not
sign the same copy. The signed Agreement shall be filed with the Board's designated fiscal agent, 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 December31, 2014.
DAKOTA COUNTY DRUG TASK FORCE 5 2010 -14 JOINT POWERS AGREEMENT
13.2 Withdrawal. Any member may withdraw from this Agreement upon 60 -days 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 then assigned Full Time Equivalent
contributions of each member of this Agreement as set forth in paragraph 7.1 herein.
14. Notice. Notice of withdrawal shall be provided by first class mail to the following:
Apple Valley Chief of Police
7100 147th Street West
Apple Valley, MN 55124
Burnsville Chief of Police
100 Civic Center Parkway
Burnsville, MN 55337
Eagan Chief of Police
3830 Pilot Knob Road
Eagan, MN 55122
Farmington Chief of Police
19500 Municipal Drive
Farmington, MN 55024
Hastings Chief of Police
150 3rd Street East
Hastings, MN 55033
Inver Grove Heights Chief of Police
8150 Barbara Avenue
Inver Grove Heights, MN 55077
Lakeville Chief of Police
9237 183r Street West
Lakeville, MN 55044
DAKOTA COUNTY DRUG TASK FORCE 6
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
Mendota Heights Chief of Police
1101 Victoria Curve
Mendota Heights, MN 55118
Rosemount Chief of Police
2875 145 Street West
Rosemount, MN 55068
Savage Chief of Police
6000 McColl Drive
Savage, MN 55378
South St. Paul Chief of Police
125 3 Avenue North
South St. Paul, MN 55075
West St. Paul Chief of Police
1616 Humboldt Avenue
West St. Paul, MN 55118
Dakota County Sheriff
Law Enforcement Center
1580 Highway 55
Hastings, MN 55033
2010 -14 JOINT POWERS AGREEMENT
DAKOTA COUNTY DRUG TASK FORCE
JOINT POWERS AGREEMENT
Approved by the City Council CITY OF ROSEMOUNT
Date By
Date of Signature
Attest
Date of Signature
DAKOTA COUNTY DRUG TASK FORCE 15 2010 -14 JOINT POWERS AGREEMENT