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HomeMy WebLinkAbout15.F.4. Joint Powers Agreement with Scott Joint Prosecution IS; F. Y. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Joint Powers Agreement - Scott Joint Prosecution Association DATE: March 13, 2003 INTRODUCTION: The Council is asked to approve an agreement between Scott County, the Scott County Attorney's Office, the Scott Joint Prosecution Association, and the City (as one ofthe individual City members of the Scott Joint Prosecution Association), for the provision of attorney services. BACKGROUND: In 1992, the Scott Joint Prosecution Association (SJP A) was formed by five Scott County cities to provide for prosecution of non- felony offensives. The advantage of the SJP A to the member cities has been that there is a greater efficiency in having one agency do prosecution work, both in terms of cost and expertise. In 1996, Shakopee joined as a member of the SJP A. The current seven members comprise all incorporated cities of Scott County, with the exception of New Prague. Since its inception in 1992, Pat Ciliberto has served as the lead and managing attorney for the SJP A. In November 2002, Mr. Ciliberto was elected Scott County Attorney. During his campaign, and in the time since, he indicated a desire to continue to work with the SJP A, and in fact, recommended that the office be "mingled" with the Scott County Attorney's Office. By doing this, there would be greater efficiencies in terms of overall supervision, office management, and the ability to reduce the number of hires as the caseload grows. That idea is now being formally presented as the joint powers agreement that is attached to this memo. The SJP A will rent space from Scott County (provided under a separate agreement), and the overall supervision of SJP A employees will be made by the Scott County Attorney. However, SJP A employees would remain as separate employees of the SJP A, and the SJP A would provide its own insurance. This agreement would be in effect for a minimum of two years; after the expiration of that two-year term, either party could serve notice to withdraw at the end of any calendar year with 120 days prior written notice. DISCUSSION: There are several advantages to the SJP A, and to the City of Shakopee, as a result ofthis arrangement. It allows the continuation of an organization that has worked well; in recent years the revenues seen from fines collected have fully covered the cost of prosecution (something that Shakopee taxpayers had been subsidizing for many years previously). By having one office manager and the lead attorney serve both the SIP A and Scott County, an estimated $11,000 annually will be saved by the City of Shakopee alone (this is a net savings, after factoring out the reduction in rental income that has been realized over the past years from the rental of office space in the basement of Shakopee City Hall to the SJP A). More importantly, by having one attorney (either Scott County or SJP A) sitting in the courtroom to handle both County and SJP A cases, it causes the prosecution action to work more efficiently. In this way, the SJP A will not have to hire a fourth full time attorney when Scott County opens its additional courtroom, anticipated later this year - these particular cases will be tracked to assure costs are proportionally divided. BUDGET IMPACT: The immediate annual savings to the City of Shakopee will be $11,000 for the first full year of operation. These savings are expected to grow as the number of cases increases - Shakopee's share ofthe SIP A budget is proportionate to the number of cases opened. Shakopee pays 42% of the SJP A budget as a result. RECOMMENDATION: I recommend that the Joint Powers Agreement be executed. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate officials to execute the Joint Powers Agreement for the provision of attorney services, by and between Scott County, the SJP A, Scott County Attorney's Office, and Scott County member cities. ~~~~ Mark McNeill City Administrator MM:th JOINT POWERS AGREEMENT THIS AGREEMENT, by and between the County of Scott, a municipal corporation and political subdivision, hereinafter referred to as the "County," the Scott County Attorney's Office, an Office within the County, hereinafter referred to as "SCAO," the cities of Belle Plaine, Elko, Jordan, New Market, Prior Lake, Savage, and Shakopee, municipal corporations located within Scott County, hereinafter referred to as the "Cities," and the Scott Joint Prosecution Association, a Joint Powers Municipal Prosecution Board, created by the Cities pursuant to a joint powers agreement dated July 8, 1991, as amended thereafter, hereinafter referred to as "SJP A," all collectively referred to as the Parties, WHEREAS, the SCAO has the duty, power and responsibility to prosecute felony criminal matters, and statutorily designated gross misdemeanors and misdemeanors, within Scott County, and all criminal matters within the townships of the County; WHEREAS, the Cities have delegated their power and authority to prosecute gross misdemeanors and misdemeanors, and pursue forfeiture cases, within their jurisdictions to the SJP A; WHEREAS, the County, the SCAO, the Cities, and the SJP A desire to enter into this agreement for the purpose of providing for the joint exercise of their prosecutorial powers according to the authority and procedures set forth in Minn. Stat. 99471.59 and 487.25, subd. 10; and WHEREAS, participating in the implementation of such an agreement will increase efficiency and accuracy and decrease duplication of services, resulting in increased safety and substantial monetary savings for the citizens and governments of the County and the Cities; NOW, THEREFORE, in consideration of the mutual promises and benefits that the Cities comprising the SJP A and Scott County shall derive herefrom, Scott County, the SCAO, the Cities, and the SJP A hereby enter into this joint powers agreement, hereinafter referred to as the "Agreement," for the purposes herein. 1. Scope of Agreement. The purpose of this Agreement is to provide an effective and efficient method of criminal prosecution and statutory forfeitures through a centralized system within Scott County, related to the public safety responsibilities of the various Parties. Implementa- tion of the system will occur only upon the approval ofthe County, the SCAO, the Cities, and the SJP A, and execution of a Rental Agreement by the Parties, which is set forth in the attached Exhibit A. 1 2. Delegation and Jurisdiction ofProsecutorial Authority The SCAO shall appoint all licensed and qualified attorneys employed by the SJP A "Special Assistant County Attorneys," and shall authorize said attorneys to prosecute felonies, statutorily designated gross misdemeanors and misdemeanors, and pursue forfeiture actions occurring within Scott County, pursuant to law, and to prosecute misdemeanor crimes occurring within the townships. The SCAO shall prepare the required oaths of office, shall administer, and file the oaths prior to any SJP A attorney representing the County. Said attorneys shall sign the oath of office. Appointment as a "Special Assistant County Attorney" shall cease at any point that this Agreement terminates for any reason. The Cities shall delegate authority to licensed and qualified assistant county attorneys of the SCAO to prosecute gross misdemeanors, misdemeanors, and forfeitures within their respective municipal jurisdictions. Each city shall sign a letter delegating such authority, which shall be kept on file with the SCAO, prior to any assistant county attorney representing a city. Said authority for assistant county attorneys to prosecute gross misdemeanors and misdemeanors and pursue forfeiture actions within a city's jurisdiction shall cease upon a city's withdrawal from SIP A or this Agreement, or upon termination ofthis Agreement for any reason. The licensed and qualified attorneys employed by the SJP A shall follow prosecution and forfeiture action practices and procedures as set by the Scott County Attorney. The SCAO and the SJP A shall cooperate to maintain and improve good prosecutorial practice and procedures. 3. Employees The SJP A currently employs attorneys and secretarial staff and may hire additional legal and/or support staff. Any person currently employed by SJP A, or hired by it after execution of this Agreement, shall be and remain employees of the SJP A. Under no circumstances shall the SJP A's employees be deemed employees of the County, regardless of assignment of duties. The employees ofthe SJP A shall be governed by the policies, rules and regulations set forth by the SJP A, which shall have the authority to hire, terminate, promote, and discipline. All salary, wages, and benefits, including liability and workers' compensation insurance, shall be provided by the SJP A. Conversely, any persons, including attorneys, office administrator, victim/witness coordinator, and secretarial staff, currently employed by the County in the SCAO, or hired by it after execution of this Agreement, shall be and remain employees of the County. Under no circumstances shall the employees of the SCAO be deemed employees of the SJP A or the Cities, regardless of assignment of duties. The employees of the SCAO shall be governed by the policies, rules and regulations set forth by the County and the SCAO, which shall have the authority to hire, terminate, promote and discipline. The County shall provide all salary, wages and benefits, including liability and workers' compensation insurance to the employees ofthe SCAO. 2 4. Data Practices The Parties agree to abide by the Minnesota Government Data Practice Act, Minn. Stat. Chap. 13, as amended, and Minn. Rules promulgated pursuant to Minn. Stat. Chap. 13. Each Party agrees to hold the other Parties, their officers, department heads and employees harmless from any claims resulting from said Party's unlawful disclosure or use of data protected under state and federal laws. 5. Civil Legal Matters This Agreement shall be limited exclusively to criminal prosecutorial matters and, with the exception of civil forfeiture matters related to criminal statutes, shall not extend to the provision of other civil legal services or non-criminal legal advice by attorneys of the SCAO or the SJP A to the Cities. 6. Contracting for Prosecutorial Services The SCAO and the SIP A may from time to time need to contract with attorneys outside of the SCAO andlor the SIP A for the provision of prosecutorial services. Said contracting, or subcontracting shall be agreed upon by the County and the SJP A Board and the costs shared equally. If, however, the County and the SJP A Board cannot agree on the need for outside prosecutoriallegal services, either may independently contract and assume responsibility for the cost of such contract legal service and said services shall be contributed solely to the needs and be the responsibility of the contracting party. 7. mdemnification Each Party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the others, their officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, their officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the Party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. 8. msurance Each Party shall provide and be liable for its own insurance. The SJP A shall maintain public liability coverage protecting itself, its Board, officers, agents, employees, and duly authorized volunteers against any usual and customary public liability claims in amounts which shall, at a minimum, comply with Minn. Stat. g466.04 and Workers' Compensa- tion rules, and shall be in accordance with state statutory requirements. m addition, the SJP A shall provide Professional Liability msurance in the amount of $1 million covering the SIP A employees when assigned county prosecutorial or forfeiture duties. msurance certificates evidencing that the above insurance is in force with companies acceptable to the County, and in the amounts required, shall be submitted to the County for approval 3 prior to the execution of the Agreement, after which they shall be filed with the County. Said policies shall be maintained in effect during the entire term ofthis Agreement. 9. Severability The provisions of this Agreement shall be deemed severable. A finding that any part of this Agreement is void, invalid, or unenforceable shall not affect the enforceability and validity of the remainder ofthis Agreement unless the part or parts which are void, invalid or unenforceable shall substantially impair the value of the entire agreement with respect to any Party. 10. Duration of Agreement The term of this Agreement shall commence on March 1,2003, the date of signature by the Parties notwithstanding, and shall continue in effect thereafter for two (2) years. No Party to this Agreement may withdraw its participation prior to the expiration of the initial two (2) year term without good cause presented in writing. This Agreement shall be automatically renewed for annual terms after the initial two-year term and shall be valid for the next calendar year, unless withdrawal occurs as set forth below. 11. Withdrawal from Agreement Following expiration of the two-year term described in section 10 above, any Party may withdraw at the end of any calendar year upon one hundred twenty (120) days prior written notice to all other Parties, or at any time with the express written approval of all other Parties hereto. Withdrawal shall not act to discharge any liability incurred or chargeable to the withdrawing Party before the effective date of the withdrawal. Such liability shall continue until discharged by law or agreement. This Agreement shall terminate upon the withdrawal of the County, the SCAO, or four (4) or more member Cities from the SIP A. In the event this Agreement is terminated, all records stored by the County and the SCAO pertaining to the SIP A and the Cities shall be returned to those Parties. 12. Amendment of Agreement This Agreement may be amended upon agreement ofthe Parties, authorized and signed in same manner as this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as ofthis 1st day of March, 2003. COUNTY OF SCOTT APPROVED: 4 Jon Ulrich, Chair, Scott County Pat Ciliberto Board of Commissioners Scott County Attorney Date: ,2003 Date: , 2003 Date: , 2003 David J. Unmacht Scott County Administrator SCOTT JOINT PROSECUTION ASSOCIATION APPROVED: Date: ,2003 Luayn Murphy Chair, Scott Joint Prosecution Board CITY OF BELLE PLAINE APPROVED: Date: ,2003 Maynard Harms Mayor, City of Belle Plaine Approved as to form: Luayn Murphy Steve Bubul Belle Plaine City Administrator Belle Plaine City Attorney Date: , 2003 Date: ,2003 CITY OF ELKO APPROVED: Date: ,2003 Carolyn Miller Mayor, City of Elko Approved as to form: 5 Patricia Nutt Andrea Poehler Elko Clerk/Treasurer Elko City Attorney Dated: ,2003 Date: , 2003 CITY OF JORDAN APPROVED: Date: ,2003 Ron Jabs Mayor, City of Jordan Approved as to form: Todd Bodem Annette Margarite Jordan City Administrator Jordan City Attorney Date: ,2003 Date: ,2003 CITY OF NEW MARKET APPROVED: Date: ,2003 Jim Friedges Mayor, City of New Market Approved as to form: Jan Seykora Andrea Poehler New Market Clerk/Treasurer New Market City Attorney Date: ,2003 Date: ,2003 CITY OF PRIOR LAKE APPROVED: Date: ,2003 Jack G. Haugen Mayor, City of Prior Lake 6 Approved as to form: Frank Boyles Suesan Pace Prior Lake City Manager Prior Lake City Attorney Date: ,2003 Date: ,2003 CITY OF SA V AGE APPROVED: Date: ,2003 Tom Brennan Mayor, City of Savage Approved as to form: Barry Stock David Keller Savage Acting City Administrator Savage City Attorney Date: ,2003 Date: ,2003 CITY OF SHAKOPEE APPROVED: By Date: ,2003 William P. Mars Mayor, City of Shakopee Approved as to form: Mark MeN eil James J. Thomson Shakopee City Administrator Shakopee City Attorney Date: ,2003 Date: ,2003 7