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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 � 2. �. 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. r' 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 Pa�e i r , 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. Pa�e 2 f . 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. Pa;e 3 f • 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 . � Pase�i 1' 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 � Page� � , 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. Pa�e 6 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 Pa�e 7 . : 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 Pa�e 3 � v . 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 Pa�e 9 '