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HomeMy WebLinkAbout5.D.1. 2007 Southwest Metro Drug Task Force Joint Powers Agreement s.o./. CITY OF SHAKOPEE CONSENT Police Department Memorandum I" TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Sergeant Chris Dellwo SUBJECT: 2007 Southwest Metro Drug Task Force Joint Powers Agreement DATE: November 20, 2006 INTRODUCTION The Police Department is seeking approval of the 2007 Joint Powers Agreement between the Southwest Metro Drug Task Force and the City of Shakopee Police Department. BACKGROUND The purpose of the agreement is to provide a comprehensive effort to reduce drug trafficking in the City of Shakopee through the coordination of the multi -jurisdictional law enforcement agencies listed in the agreement. The Shakopee Police Department has participated in this Joint Powers Agreement for several years. Our legal counsel has reviewed and approved the agreement. VISIONING RELATIONSHIP This action supports: Goal B: High Quality of Life Strategy 6: Provide High Quality Services BUDGET IMPACT The agreement identifies a cash contribution not to exceed $8,400.00. Funds exist in the 2007 police department budget. ACTION REQUESTED If the Council concurs, they should pass a motion authorizing the appropriate City officials to enter into the 2007 Joint Powers Agreement between Southwest Metro Drug Task Force and the City of Shakopee Police Department, and authorize the expenditure of $8,400.00. Southwest Metro Drug Task Force 'olnl Power. Agreemenl January 1,2007 - December 31,2007 THIS AGREEMENT is made by and between Carver County, Glencoe Police Department, Hutchinson Police Services, McLeod County, Prior Lake Police Department, Scott County, Shakopee Police Department and South Lake Minnetonka Police Department, hereinafter referred to as Governing Board, through their respective law enforcement agencies. . WHEREAS, Minn. Stat. Sec. 471.59 provides for the joint exercise of power by two or more governmental units and specifically allows for the joint exercise of police power. WHEREAS, The Southwest Metro Drug Task Force has been created by the parties for the targeting of felony level narcotics distributors and the interdiction of narcotics traffickers in the named jurisdictions; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. Purpose The purpose of the Southwest Metro Drug Task Force is to provide a comprehensive and multi-jurisdictional effort to reduce felony level drug trafficking through the coordination of the law enforcement agencies that make up the governing board. Investigators are licensed peace officers paid through a combination of pooled federal and local (match) funds. Investigators will act on information and investigate specific cases related to felony level drug distribution. Task Force operations are to be coordinated by the Southwest Metro Drug Task Force Governing Board, which is comprised of one designated official from each named agency. (For the year 2007, the Task Force investigators will be located within their employing agency's office and their daily task force activities will be supervised/coordinated by the Task Force Commander.) Investigators will be licensed peace officers paid through the Task Force funds comprised of pooled federal and.local money. Investigators will act as gatherers of information and investigators of specific cases. Task Force personnel will be available to assist in investigation(s), provide technical advice and support, and provide needed equipment, if available. Investigators assigned to the Task Force will have discretionary powers of arrest in all jurisdictions. Offenses taking place in a specific jurisdiction will. involve the prosecution of those individuals by the appropriate authority, or the United States Attorney General's Office. Pursuant to Minn. Stat. Sec. 471.59, Subd.12, agents licensed as Minnesota Peace Officers may cross-jurisdictional boundaries for all purposes reasonable and necessary to accomplish the goals of this Agreement. II. Formal Framework/Structure All member agencies shall abide by the requirements set forth in this Joint Powers Agreement. The Governing Board shall consist of Chief Law Enforcement Officers (CLEO's), or designees, from each member agency and shall be responsible for the overall management and budget of the Task Force. Each CLEO shall be entitled to one vote. A member of the Governing Board shall be selected, by a vote of the governing board, to serve as the Executive Director of the Task Force on an arumal basis. The Executive Director shall be responsible for conducting business meetings, documenting meeting minutes, and maintaining frequent communication with members of the Governing Board and the Task Force Commander. The Executive Director shall conduct monthly business meetings of the Governing Board. The Board will establish and set policies and procedures, review operational activities and expenditures, and discuss issues relevant to Task Force operations. Action shall be determined by majority vote of a quorum of voting members (Each agency, which contributes to the Task Force an annual fee that designates them as voting member, has equal voting authority). The Board may accept donations from local law enforcement agencies. These contributors do not have a vote on the Task Force but are allowed and encouraged to attend the monthly meetings. The chain of command is as follows, in descending order: Governing Board; Executive Director; Task Force Commander; Investigator The Task Force shall be partially funded through federal and state grants administered by MN Department of Public Safety. The Task Force shall cooperate with all reporting requirements of a grant recipient. Member agencies shall each make financial contributions to be administered by the Task Force. The amount of contribution shall be determined by the Governing Board and shall be reviewed annually. Assets seized and forfeited through lawful channels by the Task Force shall become Task Force assets and may be used as supplemental funding for Task Force operations and other expenses relating to the Task Force. The Task Force Commander shall be responsible for developing and administering the Task Force budget. The proposed budget must go through a budget approval process by the Governing Board before any expenditure may be made. 2 The TaskForce Commander is assigned to the TaskForce by their agency CLEO and, while on assignment, reports to the Executive Director. The Commander has the authority and responsibility to: Direct all agent activities, assign work, transfer. agents, develop best practices and policies, reward agents by writing letters of commendation, suspend agents from Task Force duties and order them back to their agency, recommend to the Board cancellation of an agent assignment, evaluate the performance of agents and report, at least quarterly, results to the Task Force Board and agent's CLEO. The Commander shall be responsible for working with the appointed fiscal agent of the Task Force, manage operational disbursements, and apply for and manage any grants used by the Task Force. It should be noted that the Governing Board sees the assignment and membership with the Task Force to be a privilege. If any agent is not performing to acceptable levels, or violates policies and procedures, the Commander has the right to send that agent back to their agency for the remainder of. their shift. The Task Force Commander will then contactthe agents' supervisor or CLEO regarding the issues. This is in no way a disciplinary action. The agents' employer would direct any disciplinary action or permanent change in assignment. Any permanent change to an agent's status on the Task Force would be with the approval ofthe Governing Board. III. Operations Officers assigned to the Southwest Metro Drug Task Force shall be housed in their employing agency's office. The agency that employs the current Task Force Commander shall be considered the "central clearing house" for all information, coordination of all agent activities, as well as all financial records. This agency will remain the central location for the duration of the Commander's assignment to the Task Force. The Task Force Commander, in conjunction with the Governing Board, shall be responsible for maintaining an intelligence database. This database shall contain information relevant to suspect's personal information and any alleged criminal activity. It is the agents' responsibility to ensure prompt entry of relevant intelligence information in the appropriate file(s). The Task Force Commander, in conjunction with the Governing Board, shall maintain a statistical record keeping system that contains information relevant to arrests, property seizures, controlled substance. seizures, and forfeitures. The Commander shall be responsible for reporting the Task Force statistical data to the State as part of the grant requirement. The Task Force Commander, in conjunction with the Governing Board, shall maintain financial records. Every year, the Governing Board will determine who is the fiscal agent responsible for the accurate record keeping of all financial matters related to the Task Force. For the FY 2007, the Task Force has employed the [mandaI services of the City of Shakopee to maintain these fmancial records. These records shall detail Task Force income and expenditures and shall be available for review at any time by the Executive Director and the Task Force Commander. Agents shall maintain their own records at the direction of the Commander, pertaining to informant usage and reliability. These files are confidential and will be maintained according to Task Force policy and regularly evaluated by the Commander. Agents are 3 responsible for the timely filing of all required reports, documents, and other administrative and lor case work as required by law, the Commander, and/or set forth in the policy manual. All files are the property of the SWMDTF and will be supervised by the Commander. .The Commander shall establish a record keeping system that tracks all cases and other appropriate information. To increase efficiency, it is recommended that all agents assigned to investigate narcotics violations receive training in the following areas prior to assignment or as soon as reasonably practical thereafter: ~ Search WarrantslEntrieslRaid Planning & Execution - Civil Process/Forfeiture Procedures - Evidence CollectionlTesting/Handling/Packaging/Documentation - Surveillance Techniques/Counter Surveillance Awareness - Electronic Surveillance Device U sllge/Capabilities/Limitations - Formal Complaints/Charging - Covert Operations/Plainc1otheslUndercover Operations - Interview/Interro gationlStatements - Crime Scene Management - Investigative Strategies Each narcotics agent shall be issued or have access to required investigative equipment to be used in narcotics investigations. (Participating agencies shall have access to Task Force equipment through one of the narcotics agent, when it is available.) IV. Funding and Membership The Task Force is to be funded by a combination of federal money, state money, local contributions, donations, and forfeited money. For the FY 2007, the Task Force has been awarded a federal grant in the amount of $40,000.00 not to exceed $80,000.00 with no required cash match for the grant award. The grant amount, plus a contribution from each named jurisdiction, shall be transferred to the Southwest Metro Drug Task Force under the auspice of the assigned Financial Director for the administration of the Task Force (Financial Director is determined yearly by the Governing Board). As stated in the opening paragraph of this document, the following member agencies have committed to funding for the Task Force for the FY 2007: Counties of McLeod, Carver, and Scott, and the Cities of Hutchinson, Glencoe, Prior Lake, South Lake Minnetonka, and Shakopee. The following agencies are considered partners against drugs and have committed to providing funding to the Task Force for FY 2007: Cities of,Winsted, Lester Prairie, Belle Plaine. The actual amount of cash contribution for each agency is set by the Governing Board of the Task Force and is reviewed annually. For the term of this JP A, the following formula is used: 4 Voting Membership $8,400.00 Annually (For Cities/Countieswith a population greater than 7,000 persons). Voting Membership $4,200.00 Annually (For Cities/Counties with a population less than 7,000 persons). Partners Against Drugs $2,100.00 Annually (Agencies contributing this amount have voice and attend Board meetings but have no voting rights within the Task Force Governance. Partner Against Drugs Donation of less than $2100 from a government entity and/or from a personal or non-profit organization. For the term of this Joint Powers Agreement, Task Force Personnel (Investigators and Commander) will be assigned by the following departments: Shakopee Police Department Sergeant Full-time Commander Shakopee Police Department Officer Full-time Investigator Carver County Sheriff's Department Deputy Full-time Investigator Carver County Sheriff's Department Deputy Full-time investigator Scott County Sheriff s Department Deputy Full-time Investigator McLeod County Sheriff's Department Deputy Full-time Investigator Every voting member agency in a rotation basis has an opportunity to send an officer to the Task Force. The Board must approve non-reimbursed participation by agencies. The Task Force may disperse funds for purposes including, but not limited to, pension payments, insurance and other costs according to applicable State Law and with the agreement of the parties. The books, records and documents relevant to this agreement shall be subject to audit by the parties or the State of Minnesota at reasonable times upon written notice. Strict accountability of all funds, receipts and disbursements shall be provided for. For the term January 1,2007 - December 31, 2007, the City of Shakopee agrees to be the Fiscal Agent responsible for the keeping of all financial records, preparing and filing all necessary forms and reports in connection with grant funding, and audits required. V. Term This agreement shall commence January 1, 2007 and will terminate on December 31, 2007, unless it is renewed for another one-year term. VI. Liability With respect to civil liability claims, each party to this agreement shall be liable for its own acts and omissions to the extent provided for by law, and hereby agrees to indemnify, hold harmless and defend other named parties to this agreement, its officers, 5 agents and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including reasonable attorney's. fees, arising out of, or by reason of any act or omission in the execution, performance, or failure to adequately perform its obligations. This provision to indemnify and hold harmless does not constitute a waiver by any named party to limitations on liability provided by Minn. Stat. Sec. 466. Further, all worker's compensation claims shall be handled in the jurisdiction in which the investigator is employed. The Task Force does maintain liability insurance with the League of Minnesota Cities. VII. TerminationIDistribution of Assets When the Task Force is disbanded, after outstanding financial obligations are met, the Governing Board will establish a plan for equal disbursement of all assets, including but not limited to all cash, property, forfeiture funds and equipment among voting agencies. If an agency leaves the Task Force and it is not disbanded, they relinquish all funds and rights to any assets upon dissolution. VIne Use of Forfeitures Assets seized and forfeited through lawful channels by the TaskForce will be Task Force assets and used as supplemental funding for Task Force operations. Per the Governing Board, all items relating to money, once cleared by District Court, will be distributed according to Minnesota State Statutes. (The 70% distributed to the Task Force will be used to offset any of the matching funds budgeted items. These funds will also be used in conjunction with local match dollars to continue Task Force Operations should the requested grant amount be reduced or denied.) The Task Force Commander, in conjunction with the Fiscal Agent, is responsible for keeping all financial records relating to the disbursement of forfeitures. Forfeited items such as jewelry, vehicles, or real estate may be sold at public auction to be determined by the Task Force Commander in consultation with the Governing Board. All firearms seized will first be offered to participating agencies for law enforcement use. The remaining firearms will be destroyed if they are deemed unusable to the Task Force. IX. General Provisions This Drug Task Force program is to be administered under the jurisdiction of the MN Department of Public Safety. All activities are to be consistent with and subject to the grant application, as well as applicable state and local laws. If grant money is not available, or granted in a sufficient amount, the Drug Task Force will dissolve and disbursement will take place. It is noted that the Task Force has in place a strategy for sustainment and dissolution will take place only after all efforts have been exhausted to continue the Task Force Operations. 6 x. Coordination Overall governance of the Task Force operations, including the setting of investigative priorities and general operative procedures, will be vested in the Governing Board. All persons assigned to the Task Force shall work under the supervision/coordination of the Task Force Commander and will be subject to policies and procedures of both the Task Force and their respective agency. It isthe duty of the Task Force Commander to work through any conflicting policies, with the Executive Director, Governing Board, and investigator's CLEO should policy conflict arise. 7 SOUTHWEST METRO DRUG TASK FORCE JOmTPO~RSAGREEMENT January 1, 2007-December 31, 2007 SIGNATURE PAGE The attached Joint Powers Agreement has been approved/denied by the (City/County) (Council/Board) of the (City/County) of , this day of ,20_. Name/Title Name/Title Name/Title Name/Title Name/Title Name/Title Name/Title Name/Title 8