HomeMy WebLinkAbout2.a. 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.
P12EPARED BY: Gary Kalstabakken Chief of Poli ��
' ' � �� _
ATTACHMENTS: Joint Powers Agreement;Letter from Charlie
LeFevere,Memorandum, Applicable Statutes
This item was previously discussed at the November, Committee of the Whole meeting. At that time, Council
members had several questions about the Joint Powers Agreement. Information has been gathered to address
those questions. This item is on the agenda to continue the discussion of the appropriateness of Rosemount to
participate on the Joint Task Force.
RECOMMENDED ACTION: Discussion Item
2000 JOINT POWERS AGREE�IENT
DAKOTA COUNTY DRUG TASK FORCE
The parties to this Agreement are units of jovernment 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
Vlinnesota Statutes 471 .�9.
vOW THEREFORE, the undersigned governmental units, in the joint and
mutual e�cercise of their powers, aQree as follows:
1. Name. The parties hereby establish the Dakota County Drug Task Force.
2. General Purpose. The purpose of this Joint Po�vers Agreement is to
establish an organization to coordinate efforts to apprehend and prosecute dru�
offenders.
3. l��Iembers. The members of this Agreement shall consist of the follo�vin�
units of �overnment:
City of Apple Vallev City of Inver Grove Heiahts
City of Burnsville City of Lakeville y
City of Ea�an City of Rosemount
City of Farmin�ton City of South St. Paul
City of Hastinas City of West St. Paul
Dakota County
4. State and Local Assistance for Narcotics Control Program. The City
of Burnsville, actin� 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 ("arant funds"). The Burnsville City Nlana;er shall
be the "authorized o�ficial" as�defined in the general policies and procedures for
the pro�ram.
.. 5. Administrative Board.
�.1 The governin� board of the Task Force shall be a Board consisting of
twelve members. The police chief or sheriff of each party shall appoint one
board member to serve at the chiefs or sheriffs 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.
�.? Board members shall not be deemed employees of the Task Force and
shall not be compensated by it.
�.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 j members shall be required for all meetin�s.
6. Powers and Duties of the Board.
6.1 The Board �vill formulate a proaram 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 A;ent-in-Char;e of the Task
Force.
The Board may appoint and supervise an Assistant A?ent-in-Char�e of the
Task Force. This appointment �vill be with the concurrenee of the a�ent's
member aQency.
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.� The Board may 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 bv the Task Force; and
(d) other matters which affect the interests of the Task Force.
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6.7 The T'ask Force's books, reports, and records shall be open to inspection
by its members at all reasonable times.
6.8 T'he Board may recommend chanaes in this Agreement to its members.
6.9 The members may not incur obligations or enter into contracts that extend
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 Dru? Task Force may not take any
actions under this A�reement until such liability insurance is in effect.
6.11 The Board may receive real or personal property 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
totalinQ �683,630.00 as follows: (1) �27�,000.00 from ?000 grant funds, and
(2) �413,630.00 in matchin; funds from member cities and County. Nlatchin�
funds shall fund the continued cost of maintainina the replacement officers for
the full-time officer assi�ned by some members to the Task Force. �dditional
matchin� funds shall come from forfeiture funds, and S 10,000.00 from the
Dakota County Sheriff's contingent fund for druQ and alcohol investigations.
All funds �vill be spent in federally authorized pro�ram areas.
7.2 The Task Force's funds may be expended by the Board in accordance with
this Agreement in a manner determined bv the Board. The Board shall desi�nate
the City of Burnsville to act as depository for the Tasl: 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 shall receive a monthly financial report of all espenditures and
receipts, and current fund balances from the secretary/treasurer.
7.� 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 assigned to the Task Force by some members.
7.� The Board shall adopt a budQet 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 mav not incur debts.
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7.7 The Task Force's obliaation to reimburse members for any expense,
furnish equipment, and the like is contin;ent upon the Task Force receiving at
least �27�,000.00 in grant funds in 2000. If grant funds less than that amount
are received, the Board may reduce the level of e:cpznse reimbursement and cut
back on equipment and other purchases otherwise required by this Agreement.
8. Agent.
8.1 Each member shall assi?n one experienced, licensed peace officer to serve
on the Task Force as follows:
Dakota County Five (�) Full Time Equivalent (FTE)
' City of Apple Valley One (1) FTE
Citv of Burnsville One (1) FTE
City of Eagan One (1) FTE
City of Farmin�ton 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
Citv of Rosemount One Quarter (.2�) FTE
Citv of South St. Paul One Half (.�) FTE
Citv of West St. Paul One Half (.�) FTE
3.2 A�ents 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 A�ents will be responsible for drua investigation, including intelligence
manaQement, case development, and case charain�. AQents will also assist other
agents in surveillance and undercover operations. Task Force a�ents will work
cooperatively with assistin� aQencies.
8.4 Ajents �vill be supervised by the A�ent-in-Char�e or, in his/her absence,
by the Assistant Agent-in-Charge.
8.� The member appointing the A�ent shall furnish the A�ent 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�l
9. Agent-in-Charge and Assistant Agent-in-Charge.
9.1 From the Full-time Agents assi?ned by members, an Agent-in-Charge shall
be appointed by the Board and serve at its pleasure. The Agent-in-Char�e must
be a full-time, licensed supervisory peace officer of a member. The A�ent-in-
Char�e shall remain an employee of the member city or County.
. 9.? The Aaent-in-Char�e shall be in charae of the day-to-day operation of the
Task Force, includin� supervisin� the Task Force's assigned personnel, subject
to direction received from the Board. The Agent-in-Charae is responsible for
staffinj, scheduling, case assignment, case management, record keeping,
informant mana�ement, buy fund mana�ement, petty cash mana�ement, 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-Charge �vill supervise
the draftinQ and execution of all search warrants initiated by the Task Force
' Unit and �vill� work cooperatively with the aQencies with venue over the case.
The Aaent-in-Charae will be responsible for all buy fund monies and petty cash
funds and will provide Board members with a monthly accountinj of all funds
disbursed and a written summary of activity with the unit.
9.3 The AQent-in-Char�e may exclude :4Qents from further Task Force
involvement subject to revie�v by the Board and approval of the member that
assi�ned the A�ent to the Task Force.
9.4 From the A�ents assigned by members, an Assistant A�ent-in-Char�e may
be appointed by the Board, with the concurrence of the A�ent's member a�ency,
and serve at the Board's pleasure. The �.ssistant AQent-in-CharQe must be a
full-time, licensed peace officer of a member and shall be paid a supervisor's
salary by that member aaency only durinQ that time that the Ajent-in-Char�e is
absent. The difference between the rate of pay, if any, the Assistant Agent-in-
Char�e 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 a�ency. The Assistant Agent-in-Charge shall remain an
employee of the member city or County at all times.
9.� The duties, responsibilities and authority of the Assistant .Agent-in-
Char�e, while the Agent-in-Char�e is absent, shall be the same as the Agent-in-
Charge 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 Fe�eral forfeiture actions, established
Federal Rules shall be followed. All remaining forfeited items shall be divided
amonU Task Force members in proportion to �the "full-time equivalent"
contributions of each member of this a�reement as set forth at paraQraph 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, includin� electricity, heat, air
conditioninj, 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 a�ainst all claims, losses, damage, liability, suits, judjments,
costs and expenses by reason of the action or inaction of its employees assijned
to the Task Force to the e:ctent 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 vlinnesota Statutes, Chapter 466.
13. Duration.
13.1 This A�reement shall take full force and effect when all eleven potential
members, listed in paragraph 3 of this Aareement, sign it. All members need
not siQn the same copy. The siQned A�reement shall be filed with the City of
Burnsville, who shall notify all members in writing of its effective date. With
the exception of para�raph 4 of this :��reement, implementation is also
contin�ent upon receipt of �rant funds. Prior to the effective date of this
A�reement, any signatory may rescind its approval.
13.2 This Aareement shall terminate on December 31 , 2000, unless extended
by further written a�reement of the parties.
13.3 This A�reement may be terminated at any time by the written aareement
of 6/11 of the members.
13.� Upon termination of this A�reement, 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 undersi'ned governmental units, by action
of their governing bodies, have caused this Agreement to be e:cecuted in
accordance with the authority of Vlinnesota Statutes 471 .59.
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� 47U Pillsbury Cenrer
• - � 200 South Six�h S�ree�
, Minneapolis MN 55402
�� (612) 337-9300�elephone
, (G I 2)337-9310 fax
e H A R r E R E o hap://www.kennedy-graven.com
CFI�RLES L.LEFEVERE
Attorney at Law
Direct Dial(6l2)337-921�
email:cleCevererkennedy-graven.com
December 6, 1999
Gary Kalstabakken, Chief of Police
City of Rosemount
2875 145`'' Street West
Rosemount, MN 55068-4997
RE: Drug Task Force Joint Powers Agreement
Dear Gary:
The following is.in response to the questions you submitted.in your memo to me of November
30, 1999. , - ...
The Joint Powers Agreement provides for a separate liability insurance for the Drug Task Force.
The reason for a separate policy is that the League of Minnesota Cities Insurance Trust does not
ordinarily include coverage for the activities of cities conducted throu�h a Joint Powers
A�reement under the city's liability policy. That is why the cities were required to defend and
respond to the payment of dama�es in the Starks and Fields lawsuit. To the surprise of many
cities, the activities of the Minnesota Police Recruitment System, a joint po�vers organization,
�vere not covered by the insurance of the cities through the LMCIT. Occasionally, the LMCIT
��ill cove.r activities of a joint powers organization under the liability policies of the individual
participating cities. However, the cases in which the LMCIT is willing to do this ordinarily
involve very simple joint powers arrangements such as one city purchasing road salt for a joint
powers consortium of cities. We could submit the Joint Powers Agreement to the LMCIT to
determine whetheX the Trust would insure the activities of the Drug Task Force under the policies
of the individual cities. However, assuming that the Trust will not be willing to cover such
activities without a separate policy, a separate policy should be secured.
It does seem to me that this is duplicating the insurance already provided by each participating
agency. However,that is the way the policies are written throu�h the LMCIT. This does create a
situation in which officers assigned to the-Task.Force may be put in a position of not being
covered by the appointing agency's liability insurance when working on Task Force duties. That
is why a separate liability insurance policy should be secured. I believe that it is also possible for
an individual city to purchase additional insurance to protect it from liability arising from its
CLL-17265�
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Gary Kalstabakken �
December 6, 1999
Page 2 of 3
joint po�vers activities. There should be no uncovered activities if every city in the task force did
this, but it is more common for insurance to be purchased by the joint powers organization.
Section 12 of the Agreement provides for the parties to indemnify each other for the action of
� their employees. What this means, for example, is that if damages are caused by an action of a
Lakeville Police Officer operating within the City of Rosemount, the City of Lakeville �vould be
required to defend and indemnify (i.e. pay damages for) the City of Rosemount. It is quite
common to have such indemnification provisions in joint powers agreements. In fact, I believe
that the staff attorneys at the LMCIT recommend indemnification so that the Trust is not put in
the position of having to hire multiple attorneys to represent multiple defendants. For esample,
in the above example, the Trust could retain only one attorney for the two cities because
Lakeville would be contractually obligated to indemnify Rosemount. Without such an
agreement, each city would be entitled to be represented by an attorney, potentially «ith each
city attempting to cast responsibility on the other city.
However, the language in the most recent draft is somewhat unusual in that it requires
indemnification for actions only "to the extent not covered by insurance." This language was
added after I reviewed the draft. The added language may have the effect of frustrating the goal
of allowing the LMCIT to retain fewer attorneys since there would be no indemnification on an
insured claim. Therefore, in the above example, both Rosemount and Lakeville could be sued
and the Trust may have to provide legal counsel for each of the two cities. Therefore, I would
recommend that the attorneys at the LMCIT be consulted about the advisability of the proposed
langua�e of this indemnification clause.
You also asked whether it is necessary for the agreement to provide for deputization for office:s
workin� outside of their jurisdiction. There are various provisions of Minnesota statutes which
authorize exercise of police powers outside of the employin� agency's jurisdiction, including
Minn. Stat. �§ 629.40, subd. 3, 626.76, subd. 1(i) and 471.59, subd. 12. It seems to me that the
authorization given by each city for officers of another city to act within their jurisdiction is
implicit in this agreemer.�. Ho�ve��er, it c::�ainly can not h�:t to r:a�e this autho�ity eYplicit.
The language of the statutes cited above does not include the term deputization. However, it may
be prudent to add, perhaps at the end of paragraph 8.3, the following languaje: "Assigned
officers acting under this agreement in the jurisdiction of another party to this agreement are
acting in the line of duty and in the course of employment and are authorized to exercise the
po�vers of a peace officer therein."
Finally, you asked whether the removal of an officer assigned to the Task Force is, in and of
itself, disciplinary action. Under section 9.3 of the agreement, agents may be excluded from the
Task Force. However, such action is subject to review by the board and approval of the member
that assigned the action to the Task Force. If the city appoints an agent, the removal of that agent
is subject to the approval of the city. Therefore, the city is in the position of being able to assure
that appropriate procedures are followed, even if such action is deemed to be disciplinary in
nature. Whether the removal of an officer from this position is deemed disciplinary as opposed
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Gary Kalstabakken
December 6, 1999
Page 3 of 3
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to a routine administrative reassignment, would depend on a number of factors includinD whether
the person was selected on the basis of seniority, whether a pay adjustment is made for the
position, and whether the position includes any other substantial benefits or advantages. In the
process of selecting the person to be appointed to the Task Force and in negotiating future
collective bargaining agreements, it would probably be advisable to make every effort to
continue to treat an assignment to the Task Force as a routine assignment, subject to
administrative reassignment at the discretion of the employer. However, as noted above, even if
the facts relating to the appointment and removal suggest that discipline is occumng, the city is
in a position to assure that the rights of the officer are protected.
If you have any other questions, please give me a call.
Very truly yours,
� •
Charles L. LeFevere
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�Minnesota Statutes 1999, 629.40 Page 1 of 1
Minnesota Statutes 1999 Table of Chapters
Table of contents for Chapter 629
629.40 Allowing arrests anywhere in state.
Subdivision 1. Definition. In this section "peace
officer" has the meaning given it in section 626.84, subdivision
1, paragraph (c) .
Subd. 2 . Out of jurisdiction arrests. In any case in
which a person licensed under section 626.84, subdivision 1, may
by law, either with or without a warrant, arrest a person for a
criminal offense committed within the jurisdiction of the
officer, and the person to be arrested escapes from or is out of
the county, statutory or home rule charter city, or town, the
officer may pursue and apprehend the person to be arrested
anywhere in this state.
Subd. 3 . Authority for out of jurisdiction arrests.
When a person licensed under section 626.84, subdivision 1, in
obedience to the order of a court or in the course and scope of
employment or in fresh pursuit as provided in subdivision 2, is
outside of the person's jurisdiction, the person is serving in
the regular line of duty as fully as though the service was
within the person's jurisdiction.
Subd. 4. Off-duty arrests outside jurisdiction. A
peace officer, as defined in section 626.84, subdivision 1,
clause (c) , who is off duty and outside of the jurisdiction of
the appointing authority but within this state may act pursuant
to section 629.34 when and only when confronted with
circumstances that wo�Yld permit the use of deadly force under
section 609.066. Nothing in this subdivision limits an officer's
authority to arrest as a private person. Nothing in this
subdivision shall be construed to restrict the authority of a
political subdivision to limit the exercise of the power and
authority conferred on its peace officers by this subdivision.
Subd. 5. Repealed, 1993 c 326 art 7 s 22
HIST: (10575-1) 1927 c 256 s 1; 1955 c 252 s 1; 1973 c 123 art
5 s 7; 1985 c 84 s 5; 1985 c 265 art 10 s 1; art 12 s 1; 1987 c
83 s 2
Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/629/40.htm1 12/10/99
Page 71 of 106 '
____. -- ----------_____ ___.�_ ____---__------ .—_______�--�____________--_._ .
_=6 2 6.7 6 -�_�`
626.76 Rules and regulations; aiding other officers; •
exchange programs.
Subdivision 1. Any appointive or elective agency or office .
of peace officers as defined in subdivision 3 may establish
rules or regulations and enter into agreements with other
agencies and offices for:
. (1) assisting other peace officers in the line of their
duty and within the course of their employment; and
(2) exchanging the agency's peace officers with peace
officers of another agency or office on a temporary basis.
Additionally, the agency or office may establish rules and
regulations for assisting probation, parole, and supervised
release agents who are supervising probationers, parolees, or
supervised releasees in the geographic area within the agency's
or office's jurisdiction.
Subd. 2. (a) When a peace officer gives assistance to
another peace officer, or to a parole, probation, or supervised
release agent, within the scope of the rules or regulations of
the peace officer's appointive or elected agency or office, any
such assistance shall be within the line of duty and course of
employment of the officer rendering the assistance.
(b) When a peace officer acts on behalf of another agency
or office within the scope of an exchange agreement entered into
under subdivision 1, the officer's actions are within the
officer's line of duty and course of employment to the same
extent as if the officer had acted on behalf of the officer's
employing agency.
Subd. 3 . For the purposes of this section, "peace officer"
means any member of a police department, state patrol, game
warden service, sheriff's office, or any other law enforcement
agency, the members of which have, by law, the power of arrest.
Subd. 4. This section shall in no way be construed as
extending or enlarging the duties or authority of any peace -
officer or any other law enforcement agent as defined in
subdivision 3 except �as provided in this section.
HIST: 1959 c 374 s 1; 1981 c 37 s 2; 1986 c 444; 1994 c 636
art 4 s 31
==626.77
626.77 Peace officers from adjoining states.
Subdivision 1. Arrest authority. A peace officer of
a state adjoining Minnesota has the same authority to arrest and
hold an individual in custody as has any peace officer of this
state if all of the following circumstances are present:
(1) the officer enters this state while on duty and
authorized by a request for assistance by a peace officer of
this state;
(2) while in this state, the officer acts under the
http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 11/19/99
` Minnesota Statutes 1999, 471.59 Page 3 of 5
obligations or other forms of indebtedness must be obligations
of the joint board issued on behalf of the governmental units
creating the joint board. The obligations or other forms of
indebtedness must be issued in the same manner and subject to
the same conditions and limitations that would apply if the
obligations were issued or indebtedness incurred by one of the
governmental units that established the joint board, provided
that any reference to a governmental unit in the statute, law,
or charter provision authorizing the issuance of the bonds or
the incurring of the indebtedness is considered a reference to
the joint board.
(b) Notwithstanding paragraph (a) , one school district, one
county, and one public health entity, through action of their
governing bodies, may establish a joint board to establish and
govern a family services collaborative under section 124D.23.
The school district, county, and public health entity may
include other governmental entities at their discretion. The
membership of a board established under this paragraph, in
addition to members of the governing bodies of the participating
governmental units, must include the representation required by
section 124D.23, subdivision 1, paragraph (a) , selected in
accordance with section 124D.23, subdivision 1, paragraph (c) .
(c) Notwithstanding paragraph (a) , counties, school
districts, and mental health entities, through action of their
governing bodies, may establish a joint board to establish and
govern a children's mental health collaborative under sections
245.491 to 245.496, or a collaborative established by the merger
of a children's mental health collaborative and a family
services collaborative under section 124D.23. The county,
school district, and mental health entities may include other
entities at their discretion. The membership of a board
established under this paragraph, in addition to members of the
governing bodies of the participating governmental units, must
include the representation provided by section 245.493,
subdivision 1.
Subd. 12. Joint exercise of police power. In the
event that an agreement authorizes the exercise of peace officer
or police powers by an officer appointed by one of the
governmental units within the jurisdiction of the other
governmental unit, an �officer acting pursuant to that agreement
has the full and complete authority of a peace officer as though
appointed by both governmental units and licensed by the state
of Minnesota, provided that:
(1) the peace officer has successfully completed
professionally recognized peace officer preemployment education
which the Minnesota board of peace officer standards and
training has found comparable to Minnesota peace officer
preemployment education; and
(2) the officer is duly licensed or certified by the peace
officer licensing or certification authority of the state in
which the officer's appointing authority is located.
Subd. 13 . Joint powers board for housing. (a) For
purposes of implementing a federal court order or decree, two or
more housing and redevelopment authorities, or public entities
http://www.revisor.leg.state.mn.us/stats/471/59.htm1 11/19/99
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MEMORANDUM
DATE: December 8, 1999
TO: Mayor Busho
Council Members Caspar, Cisewski,Edwards, and Klassen
City Administrator Burt
FROM: Gary Kalstabakken, Chief of Polic
SUBJECT: Dakota County Drug Task Force
At the November Committee of the Whole Meeting discussion, Council members had
questions about several issues. Information is provided about the issues below. Also,
City Attorney LeFevere was asked to provide legal opinion regarding liability insurance,
necessity of deputizing officers assigned to the task force and removal from the task force
as a disciplinary issue. Charlie's letter is attached.
Hours Committed to Task Force-As stated at the I�Tovember meeting and as included in
the Joint Powers Agreement, I recommend that«�e commit to 520 hours to the Task
Force in the year 2000. This is an increase in the amount of hours that have been devoted
to Task Force investigations in past years. Key points to consider about the hours
include:
❖ 520 hours are the total number of hours committed to by Rosemount.
Currently, two officers are assigned to the task force; their combined hours
must equal at least 520 hours,not�20 hours worked by each officer
❖ Hours may be scheduled and worked on a flexible basis, the commitment is
not to a fixed schedule. We are not committing to 10 hours each week or 130
hours in each quarter of the year,but rather 520 hours over the twelve months
of the year.. Efforts will be made to�vork some task force hours each month.
❖ The additional hours recommended reflects a commitment to the Task Force
by the Departrnent in addition to the individual commitment made by the
assigned officers. In the past, the amount of time spent on Task Force activity
was more an indication of the individual officer's commitment.
❖ Officers will be scheduled to work task force duties as part of their duty shifts.
This will be accomplished by assigning other officers,most often Lt. Kuhns or
the school liaison officer when school is not in session, to the task force
ofticer's patrol shift. This reassignment will allow task force officers to then
work on the task force as part of their scheduled shift hours.
Removal of Officer from Task Force-The Joint Powers Agreement specifies in section
9.3 that the Agent-in Charge may exclude an assigned officer from task force
involvement. This action is subject to review by the Task Force Board of Directors and
by the agency assigning the member to the task force. Our Department would have a
strong voice in the decision to remove an officer from the task force.
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The officers assigned to the task force are assigned to special duties, it is not a promotion
nor does it include an increase in pay or other benefits. Any officer assigned special
duties, such as D.A.R.E. or Field Training Officer can be removed from those duties at
anytime. It is not and does not have to be a disciplinary action. Removal may be done to
provide an opportunity to other officers to perform the special duties and enhance their
� abilities, for example. This does not mean that the affected officer will not assert that it is
a disciplinary action,but the officers' contract states that it is a management right to
"assign and transfer employees."
There is a relevant example of action taken to remove an officer from performing
D.A.R.E. duties a few years ago in Rosemount. This occurred because the school
officials did not want the officer back as a D.A.R.E. instructor because the school
personnel were not satisfied with the officer's performance. The officer was relieved of
his duties as a D.A.R.E. instructor because the support of school personnel is critical to
the success of the program.
Oversight of TaskForce Operations -The Governin�Board intends to meet monthly.
This meeting provides each participating agency an opportunity to be updated formally
on all investigations. It is also a chance to express any concern about lack of activity or
time spent in a particular community and personnel issues of the task force.
Time spent at the meetings does not count toward the 520 hours committed to the task
force. Typically the meetings will last 1 -2 hours or account for an additiona124 hours
of time devoted annually to the task force for administrative purposes.
Operation of Task Force-The Task Force is a true merger of the two existing task forces.
However, since the task force will operate out of rn�o offices there will most likely be a
natural division of cases that may mirror the two e�isting task forces. Agents working
out of the Hastings/Sheriff s office will be from the eastern communities, while the
Burnsville office will be staffed by the western communities' agents. All the agents will
communicate regularly through scheduled meetings and when working specific cases.
On any given case, assistance will be expected to be given by any of the officers assigned
to the task force -regarclless of their office location or home agency. Furthermore, the
task force will be under the one governing board and direction of one agent-in-charge.
Cost of Task Force Participation -The cost to participate in the task force includes
wages, equipment, and vehicle maintenance.
Wages $14,127.26
This is an estimate using top patrol officer pay of$23.32 per hour
and estimating that two-thirds of task force hours will be worked
as regular duty shift and one-third of the hours at the overtime rate
of 1.5 times the hourly rate.
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Equipment $2500
This includes the purchase of a mobile radio to be used in the
vehicle used for task force duries. I recommend that the radio be
purchased from Equipment Fund monies, which are primarily
funds from drug forfeitures. This would be purchasing equipment
to be used to further the investigation of narcotic investigations and
is consistent with the legislation authorizing the seizure of assets
related to narcotic trafficking and the spending of forfeited funds.
Vehicle $900
This includes the cost of fuel and routine maintenance (oil change,
tires,brakes, etc.) for the task force vehicle. Estimated to be
driven 3000 miles annually and factored at .30 per mile.
$1000
This figure is an estimate to pay for unexpected
repairs/breakdowns.
� Total $18,527.26
Reimbursement $3.675.00
Estimated Cost $14,852.00
Congrzcency of Task Force with Department Missio�z -The Police Department has not
developed its own mission statement but it is guided by the City's Mission Statement:
"The City of Rosemount and its citizens work to�ether to provide a safe, healthy,
pleasant community in a fiscally responsible manner."
The Police Deparhnent is expected to work with citizens to create a sense of safety in the
community. We accomplish that by being responsive to calls for service received from
the members of the community. Citizens do call with concerns or information about the
use and/or sale of illegal drugs. By being a member of the Drug Task Force,we are able
to address citizen concerns by having a Rosemount officer assigned to the task force
speak to the citizen, gather information and investigate drug violations that are reported.
Participating in a task force is also a fiscally responsible manner to address drug concerns
in the community. By committing the resources needed to be an active member of the
task force,Rosemount gains access to any of the ten full-time and four part-time officers
of the task force as needed to conduct an investigation. In addition, the specialized
surveillance and investigative equipment of the task force is available for use on
Rosemount cases. These resources are beyond the capacity of what Rosemount has
available as an individual city or police department.
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Committing to 520 hours to the task force amounts to devoting about 2% of all available
hours to narcotic investigations. I believe that is a reasonable amount of time to devote to
a problem that exists in Rosemount- as it does in all other communities, too. It is
important that we continue to devote time to other Department and community priorities:
❖ Community education and information programs
❖ Dedication of time to community identified problems, e.g. traffic enforcement,
. juvenile curfew and alcohol violations.
•:� Dedication of time to most frequently reported crimes - theft and vandalism
❖ Responding to calls for service and visible, general patrolling.
Community Need- This issue was not specifically discussed at the Committee of the
Whole meeting, however it does seem relevant. The table below shows information
about drug investigations in the last few years.
Eastern Dakota County Task Force Statistics --Rosemount, 1995-1999
(*Figures for 1999 are through November 12)
YEAR 99 98 97 96 95
Hours Worked 130 130 13 27 211
Number of Persons Arrested 22 18 3 2 3
Warrants Served in Rosemount 10 1 0 3
The type of drugs seized as a result of investigations has varied somewhat over the last
few years. The three most common drugs seized are listed for each year in descending
order(amount measured by street value):
1995 -Methamphetamine,Marijuana, and Cocaine
1996 -Marijuana, Cocaine, and Methamphetamine
1997 - Marijuana, Cocaine, and Methamphetamine
1998 -Methamphetamine,Marijuana and Cocaine
Illegal narcotics are present in all communities - including Rosemount. Cases
investigated in Rosemount have varied from a case in which we assisted the BCA, DEA,
and Eastern Dakota County Task Force in seizing 1801bs. of marijuana from a
Rosemount residence in December 1998 to the more common search which leads to the
recovery of small amounts of narcotics and packaging supplies consistent with personal
use and the sale of narcotics on a small scale.