HomeMy WebLinkAbout2.f. Drug Task Force Joint Powers Agreement ' CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR DISCUSSION
COMMITTEE OF THE WHOLE MEETING DATE: November 10, 1999
AGENDA ITEM: Drug Task Force Joint Powers Agreement AGENDA NO.
PREPARED BY: Gary Kalstabakken, Chief of Polic
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ATTACHMENTS: Joint Po�vers Agreement
Rosemount has been an active participant in the East Metro Drug Task Force for several years. This task force
is currently comprised of the Dakota County Sheriffs Office and the following police departments: Farmington,
Hastings, Inver Grove Heights, South St. Paul, West St. Paul, St. Paul and Rosemount. Two of our officers are
assigned to the task force. They work task force duties in conjunction with their normal patrol duties and also
as overtime duties. The agencies in this task force have operated without a Joint Powers Agreement.
A second task force (South Metro)was formed at the same time as the East Metro Drug Task Force in Dakota
County which is comprised of the remaining Dakota County cities and the Sheriffs Office. South Metro has
always operated under a Joint Po«�ers Agreement.
Each of the task forces operafing in Dakota County has received funding from the federal government through
the Narcotic Enforcement Committee (NEC). This year NEC has taken a strong position that there are too
many task forces operating within Minnesota. NEC is strongly encouraging and pressuring agencies to examine
their task forces and merging existing task forces if feasible.
The two task forces operating in Dakota County elected to merge into one Dakota County Drug Task Force
effective January 1, 2000. An application has been submitted to NEC seeking funding and the combined task
force will receive funding for 2000.
A Joint Powers Agreement governing the operation of the combined task force has been drafted and is attached.
It is essentially the same agreement that the South Metro Task Force cities have operated under since its
inception.
This change should not impact our Department significantly. It is proposed that Rosemount participate in the
task force and commit to .25 FTE (520 hrs.). This does reflect an increase in the amount of hours Rosemount
officers will work on task force assignments but should be possible by adjusting the schedule to allow officers
to work the task force as part of their regular duty shifts. Officer compensation for the .25 FTE will amount to
approximately$13,000. This will be offset by a reimbursement of$3675 from the task force grant. Total cost
to Rosemount for wages will be $9325.
RECOMMENDED ACTION: Discussion item with the intent to bring to the Council Meeting on
November 16, 1999 for approval.
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2000 JOINT POWERS AGREEIVIENT
DAKOTA COUNTY DRUG TASK FORCE
The parties to this Aareement 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 .�9.
NOW THEREFORE, the undersigned governmental units, in the joint and
mutual exercise of their po�vers, a�ree as follows:
1 . Name. The parties hereby establish the Dakota County Drug Task Force.
2. General Purpose. The purpose of this Joint Powers Agreement is to
establish an organization to coordinate efforts to apprehend and prosecute drug
offenders.
3. `�Iembers. The members of this Agreement shall consist of the followin�
units of government:
City of Apple Valley City of Inver Grove Heights
City of Burnsville City of Lakeville
City of Eagan City of Rosemount
City of Farminjton City of South St. Paul
City of Hastings City of West St. Paul
Dakota County
4. State and Local Assistance for Narcotics Control Program. The City
of Burnsville, acting on behalf of the Dakota County Drug Task Force and its
members, shall apply for funding under the State and Local Assistance for
Narcotics Control Program ("grant funds"). The Burnsville City Manager shall
be the "authorized o�ficial" as defined in the general policies and procedures for
the program.
5. Administrative Board.
5.1 The governing board of the Task Force shall be a Board consistin; of
twelve members. The police chief or sheriff of each party shall appoint one
board member to serve at the chief's or sheriff's pleasure. The Dakota County
Attorney shall appoint one board member to serve at the County Attorney's
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pleasure. Board members appointed by the police chiefs and sheriff must be
full-time supervisory peace officers of the jurisdiction or office that appoints
the Board member.
5.? Board members shall not be deemed employees of the Task Force and
shall not be compensated by it.
5.3 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. The Board may adopt rules and regulations
governing its meetings. Such rules and regulations may be amended from time
to time at either a regular or a special meeting of the Board provided that at
least ten (10) days' prior notice of the meeting has been furnished to each Board
member. The Board shall operate by a majority vote of all members present. A
quorum of nine (9) members shall be required for all meetings.
6. Po�vers and Duties of the Board. '
6.1 The Board will formulate a proQram to carry out its purpose.
6.2 The Board will coordinate intelli;ence between the members and the Task
Force.
6.3 The Board shall appoint and supervise the Agent-in-Char�e of the Task
Force.
The Board may appoint and supervise an Assistant Agent-in-Charge of the
Task Force. This appointment �vill be with the concurrence of the agent's
member agency.
6.4 The Board may cooperate «�ith other federal, state, and local law
enforcement agencies to accomplish the purpose for which it is or?anized.
6.5 The Board m�ay make contracts, incur expenses and make expenditures
necessary and incidental to the effectuation of its purpose and consistent with
its powers.
6.6 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 b�� the Task Force; .and
(d) other matters which affect the interests of the Task Force.
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6.7 The Task Force's books, reports, and records shall be open to inspection
by its members at all reasonable times.
6.8 The Board may recommend changes in this Agreement to its members.
6.9 The members may not incur obligations or enter into contracts that e:ctend
beyond the term of this Agreement.
6.10 The Board will purchase liability insurance which shall be payable from
Task Force funds, and the Dakota County Druj Task Force may not take any
actions under this Agreement until such liability insurance is in effect.
6.11 The Board may receive real or personal propert�� by grant, devise, or
bequest for the use of the Task Force.
7. Finances.
7.1 The members intend to fund the 2000 cost of operation of the Task Force
totalin� �638,630.00 as follows: (1) $27�,000.00 from 2000 grant funds, and
(2) $413,630.00 in matching funds from member cities and County. Matching
funds shall fund the continued cost of maintaininQ the replacement officers for
the full-time officer assi�ned by some members to the Task Force. Additional
matchinQ funds shall come from forfeiture funds, and $10,000.00 from the
Dakota County Sheriff's contingent fund for drug and alcohol investigations.
All funds �vill be spent in federally authorized proQram areas.
7.2 The Task Force's funds may be expended by the Board in accordance with
this A�reement in a manner determined by the Board. The Board shall designate
the City of Burnsville to act as depository for the Task Force's funds. In no
event shall there be a disbursement of Task Force funds from the City of
Burnsville depository without the si?nature of the Task Force
Secretary/Treasurer, or the Chairman in the absence of the Secretary/Treasurer.
7.3 The Board sha�ll receive a monthly financial report of all expenditures and
receipts, and current fund balances from the secretary/treasurer.
7.4 The members shall contribute their grant funds and required matchin;
funds to operate the Task Force. The required matchin� funds will be used to
pay the 2000 salary and benefits of the full-time officer hired to replace the
officer assi;ned to the Task Force by some members.
7.� The Board shall adopt a bud�et based upon grant funds, member matching
funds and money made available from other sources. The Board may amend the
budget from time to time.
7.6 The Board may not incur debts.
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7.7 The Task Force's obligation to reimburse members for any expense,
furnish equipment, and the like is contingent upon the Task Force receiving at
least $275,000.00 in grant funds in 2000. If grant funds less than that amount
are received, the Board may reduce the level of e:cpense reimbursement and cut
back.on equipment and other purchases otherwise required by this Agreement.
8. Agent.
8.1 Each member shall assign one experienced, licensed peace officer to serve
on the Task Force as follows:
Dakota County Five (5) Full Time Equivalent (FTE)
' City of Apple Valley One (1) FTE
City of Burnsville One (1) FTE
City of Ea;an One (1) FTE
City of Farminaton 'One Seventeen-Hundredth (.17) FTE
City of Hastings One Half (.�) FTE
City of Inver Grove Hei?hts One (1) FTE
City of Lakeville One (1) FTE
City of Rosemount One Quarter (.2�) FTE
City of South St. Paul One Half (.�) FTE
City of West St. Paul One Half (.�) FTE
8.2 Agents shall not be employees of the Task Force. Agents shall remain
employees of the member that has assi�ned them to the Task Force and shall be
paid by that member, not the Task Force.
8.3 Agents will be responsible for druQ investigation, including intelligence
management, case development, and case charging. AQents will also assist other
agents in surveillance and undercover operations. Task Force aQents will work
cooperatively with assisting agencies.
8.4 Ajents will be' supervised by the Agent-in-Charge or, in his/her absence,
by the Assistant Agent-in-Charge.
8.5 The member appointing the Agent shall furnish the Agent a weapon and a
vehicle and pay any lease payments, insurance, maintenance, and operating costs
of the vehicle.
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 staffinQ
assigned to the Task Force as sho�vn in 8.1 . �
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9. Agent-in-Charge� and Assistant Agent-in-Charge.
9.1 From the full-time Agents assigned by members, an Agent-in-Charge shall
be appointed by the Board and serve at its pleasure. The Agent-in-Charge must
be a full-time, licensed supervisory peace officer of a member. The Agent-in-
Charge shall remain an employee of the member city or County.
9.2 The Agent-in-Charge shall be in charae 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
staffinQ, scheduling, case assignment, case management, record keeping,
informant mana�ement, buy fund management, petty cash management, and
intelliQence management. The Agent-in-Charge 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 Agent-in-Charae will supervise
the drafting and execution of all search �varrants initiated by the Task Force
" Unit and �vill work cooperatively with th� agencies with venue over the case.
The Agent-in-Char�e will be responsible for all buy fund monies and petty cash
funds and will provide Board members with a monthly accountin� of all funds
disbursed and a written summary of activity with the unit.
9.3 The Agent-in-Char�e may eYclude Agents from further Task Force
involvement subject to review by the Board and approval of the member that
assianed the Agent to the Task Force.
9.4 From the A�ents assigned by members, an Assistant Agent-in-Charge may
be appointed by the Board, with the concurrence of the Agent's member a�ency,
and serve at the Board's pleasure. The Assistant Ajent-in-CharQe must be a
full-time, licensed peace officer of a member and shall be paid a supervisor's
salary by that member a�ency only durin� that time that the Agent-in-Charge is
absent. The difference between the rate of pay, if any, the Assistant Agent-in-
Charae would normally have received from the member agency and the rate of
pay for the member's first line supervisor, however, will be paid by the Task
Force to the member agency. The Assistant Agent-in-Charge shall remain an
employee of the member city or County at all times.
9.5 The duties, responsibilities and authority of the Assistant Agent-in-
CharQe, while the Agent-in-Char�e is absent, shall be the same as the Agent-in-
CharQe as described in paragraph 9.2.
10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force
� may be used to support Task Force efforts. The use of these items must be
approved by the Board. In the case of Fec�eral forfeiture actions, established
Federal Rules shall be followed. All remaining forfeited items shall be divided
amonv Task Force members in proportion to �the "full-time equivalent"
contributions of each member of this a�reement as set forth at paraaraph 8.1
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herein. Fine or 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. Headquarters. The Task Force is physically located in separate offices
at the City of Burnsville and Dakota Countv Sheriff's Office, which is provided
� at no cost to the Task Force. All utilities, including electricity, heat, air
conditioning, and the like shall also be furnished to the Task Force without cost.
12. 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 insurance. 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.
13. Duration. '
13.1 This Agreement shall take full force and effect when all eleven potential
members, listed in parajraph 3 of this AQreement, sign it. All members need
not siQn the same copy. The signed A�reement shall be filed with the City of
Burnsville, who shall notify all members in writing of its effective date. With
the e:cception of paragraph 4 of this :��reement, implementation is also
contin�ent upon receipt of grant funds. Prior to the effective date of this
Aareement, any signatory may rescind its approval.
13.2 This Agreement shall terminate on December 31, 2000, unless extended
by further written a�reement of the parties.
13.3 This Ajreement may be terminated at any time by the written a�reement
of 6/11 of the members.
13.� 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 at paragraph 8.1
herein.
IN WITNESS WHEREOF, the undersigned governmental units, by action
of their governing bodies, have caused this Agreement to be esecuted in
accordance with the authority of �linnesota Statutes 471.59.
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Approved by the City Council CITY OF LAKEVILLE
BY
Date of Signature
. Attest
Date of Signature
Approved by the City Council CITY OF APPLE VALLEY
By
Date of Signature
Attest
•Date of Signature
Approved by the City Council CITY OF BURNSVILLE
By
Date of Signature
�ttest
Date of Signature
Approved by the City Council CITY OF EAGAN
Bv
Date of Signature
Attest
Date of Signature
Approved by the City Council CITY OF FARi�1INGTON
By
Date of Signature
Attest
Date of Si�nature
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Approved by the City Council CITY OF HASTINGS
By
Date of Signature
Attest
Date of Signature
Approved by the City Council CITY OF INVER GROVE HEIGHTS
By
. Date of Signature
Attest
Date of Signature
Approved by the City Council CITY OF ROSEMOUNT
By -
Date of Sijnature
Attest
Date of Signature
Approved by the City Council CITY OF SOtiTH ST. PAUL
By
Date of Signature
Attest
• Date of Signature
Approved by the City Council CITY OF WEST ST. PAUL
By
Date of Signature
Attest
Date of Signature
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Approved by Dakota County COUNTY OF DAKOTA
Board Resolution No. By
Don Gudmundson, Sheriff
Date of Si;nature
Dakota County Attorney's Office Approved to Form:
Dakota County Judicial Center / �
1560 Highway 5� BY
Hastings, Minnesota »033 ssistant County Attorney
Telephone: (651) 438-4438 Date of Signature ///3�9�
Approved as to EYecution by
,By
Assistant County Attorney
Date of Si�nature
K/K99-146
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