04-314. S �. .� .
Councff File # ' ��y
Green Sheet # 206062
RESOLUTION
�� OF SAINT PAUL, NIINNESOTA
Presented By: ���
Referred To:
33
Committee:Date:
1 WHEREAS, the City of Saint Paul, Police Department, is a participating agency in the Minnesota Financial
2 Crimes Task Force for the purpose of investigating major financial crimes, and
3
4 WHEREAS, a 2004 financing and spending plan needs to be established for this task force; and
5
6 WHEREAS, the Mayor pursuant to Section l0.OZ1 of the Charter of the City of Saint Paul, does certify that
7 there are available for appropriation funds of $37,500 in excess of those estimated in the 2004 budget; and
8
9 WHEREAS, the Mayor recommends that the following addition be made to the 2004 budget:
10
11
12 CURRENT AMENDED
13 BUDGET CHANGES BUDGET
14
15 436 - Police-Special Projects
16 FINANCING PLAN:
17 34164 - Minnesota Financial Crimes Task Force
18 4398 - Services-Special Projects 0 37,500 37,500
19
20 Total Changes to Financing 37,500
21
22 SPENDING PLAN:
23 34164 - Minnesota Financial Crimes Task Force
24 011l - Full Time Permanent 0 7,500 7,500
25 0141 - Overtime 0 30,000 30,000
26
27 Total Changes to Spending 37,500
28
29
30 THEREFORE BE IT RESOLVED, that the City Council approves these changes to the 2004 budget.
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Requested by Department of:
Adopted by Council:Date: �p„('Un �� ,'�,��
Adoption Certified by Council Secretary:
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By: �,�,
Approval
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Form Apa
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by Financial Services:
by City Attorney:
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Mn I[inancial Crimes Task
[• �N Y 6FFICFJCOUNCIL DATE INITIATED
roli, - izm�oa GREEN SHEET n+o��' 206062 �
, CO:JTACT P RSON 8. F10NE INmAUDA INmAUDA7E
Chief William Finney 266 1 oEr.u*xerromECron 5 urrwuxa�
MUST BE ON COUNCIL AGENDA BY (DATE)
Please process ASAP with green sheet #206061 3�urcanow�r ❑rnr c«eK
�RlqNpqLSERVICESqR_ �FNRNtl11lSERNACCTG
� -e pwYOR(ORASAS�ANT� �NIGF1i5
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TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED
Approval of the attached council resolution establisY�ing a 2004 financing and spending plan for the
Minnesota Financiai Crimes Task Force.
NOTE: The council resolution for green sheets 206061 and 206062 must be on the same City Council agenda
data The council resolurion for green sheet 206061 must be listed directly before the council resolution for
green sheet 2U6062.
.� RECOMMENDATIONApPfOVe(A)OIReJeCC(R) PERSONALSERVICECONTRACTSMUSTANSWERTHEFOLLOWINGQUESTIONS:
' 1. Has this personffirtn ever worked under a contract for this depadmentt
, PLAfdNING COMMISSION YES NO
CIB COMMIl7EE 2. Has this persoMrm ever been a ciry employee?
CIVIL SERVICE COMMISSION YES NO
3. Does this personifirm possess a slal{ fmt �rofmally possessed by any wrteM cRy employee�
YES NO
4. Is ihis person(firm a targeted vendoR
YES NO
Explain all yes answers on separate sheet and attach to green sheet
INI7IATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHYj
The City of Saint Paul, Police Depanment, is a participating agency in the Minnesota Financial Crimes Task Force
to investigate major financial crimes. A 2004 financing and spending plan needs to be established for the
, task force. (Attached is a copy of the Minnesota Financial Crimes Task Force agreement and memorandum of
understanding.).
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ADVAN7AGESIFAPPROVED
Ability to participafe in the Minnesota Financial Crimes Task Force to investigate major financial crimes.
� � � 9 - °Y .. . .. . � " ,
/�t��'. <� __
�$ - �. � �° ] -.
DISADVANTAGEStFAPPROVED � �° � $�"'�,
3�l�`sk'E � � �� d �
§ �i��'
None. �1QR 0 5 ZGa-
DISADVANTAGES IF NOT APPROVED � �' � ��q �` �`p
Inability to participate in the Minnesota Financial Crimes Task Force to investigate major financial crimes.
TOTAL AMOUNT OF TRANSACTION $ 37,500.00 C0.S7/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE MN Financial Crimes Task Force ACTIVI?Y NUMBER 436-34164
FINANCIAL INFORMATION (EXPLAIN)
Mn FInancial Crimes Task Force 6udget.cr.gs2004
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MINNESOTA FINANCIAL CRIMES TASK FORCE
GRANT-REIMBURSEMENT AGREEMENT
This Grant-Rennbursement Agreement ("AgreemenY') is entered into this day of
January, 2004, by and between the Minnesota Financial Crimes Task Force ("Task Force") and
St. Paul Police Department , a participating agency in the Task Force ("Participating Agency").
WITNES5ETH
WHEREAS, St Paul Police Department, is a Participating Agency in the Task Force;
and
WHEREAS, the Participating Agency has assigned one or more of its law enforcement
officers for duty at the Task Force in accordance witti Minn. Stat. § 299A.68 and Paragraph VII.
of the Memorandum of Understanding Organizing the Minnesota Financial Crimes Task Force
("Memorandum o€Understanding"); and
WIIEREAS, the Task Force and the Participating Agency have entered into this
Agreement to document the terms and conditions of the grant relaring to the Participating
Agency's assignment of law enforcement officer(s) for duty at the Task Force and
reimbursement for related costs and expenses thereof.
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NOW, THEREFORE, it is agreed and understood as follows:
I. ASSIGNMENT OF PERSONNEL TO TASK FORCE
A. The St. Paul Police Department hereby assigns the Mark Johnston a law
enforcement officer, for duty at the Task Force as provided for in Pazagraph VII. of the
Memorandum of Understanding. The duration of the assignment and amount of time that such
assigned law enforcement officer(s) shatt dedicate to duty at the Task Force is also described in
Eachibit A. St. Paul Police Department shall, as part of the assignment, provide a vehicle for this
law enforcement officer assigned for duty at the Task Force. The Participating Agency agrees
that, except for exigent circumstances, the law enforcement officer assigned for duty at the Task
Force will not be recalled for duty at the Participafing Agency. The Participating Agency
understands and agrees that pursuant to Paragraph VII. of the Memorandum of Understanding,
the assignment of law enfarcement officer is at all times subject to the approvai of the
Commander who may, at his/her discretion, revoke the assignment of the law enforcement
officer.
B. The Participating Agency understands and agrees that while its law enforcement
officer is assigned for duty at the Task Force:
The assigned law enforcement officer shall remain an employee of the
Participating Agency during his/her assignment of duty to the Task Force; and
2. The assigned law enforcement officer shall be covered by workers
compensation coverage provided by the Participating Agency; and
Other liability arising from the activities of the assigned law enforcement
officer(s) on the Task Force shall be the responsibility of the Participating Agency.
The Participating Agency further agrees that the vehicle provided for the
assigned law enforcement officer(s) shall be covered by and have the same insurance as other
vehicles of the Participating Agency.
II. REIMBURSEMENT GRANT
St. Paul Police agrees to provide at least one full time officer to be assigned to the MN
Financial Crimes Task Force. The officer's base salary (full time hours) will be donated as a in-
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kind contribution to the MN Financial Crimes Task Force which provides the dollazs for the
required match of the 20% pursuant to the provisions of Mimi. Stat. § 299A_68.
St. Paul Police Department will not be responsible for any financial contribution for
participating in the MN Financial Crimes Task Force.
It is also agreed that any overtime hours used by this St Paul Officer or other officers
assigned to the any MI3 Financiai Crime cases will be reimbursed back to St. Paul Police
Department through the Grant Reunbursement process on approved overtime hours. The MN
Financial Crimes Task Force has an approved budget by the Advisory Coxnxnittee and anticipates
participating agencies will require overtime payroll coverage to defray their cost to participate.
The overtime allocation is drawn from an overtime pool and may vary depending upon caseloads
and auailability of the St. Paul Police officer assigned.
The overtime cost of this assignment will be reimbursement to the St. Paul Police Deparhnent
for amount specified in E�ibit A. These funds will be reimbursements on a quarterly basis.
The Commander of the MN Financial Crimes Task Force shall complete E�ibit A and submit
the Grant request to the Task Force Fiscal agent who shall forward payments to St. Paul Police
Deparhnent (Fiscal Agent: Anoka County Attorney's Office)
III. OTHERS:
St. Paul Police Department agrees that Mark Johnston and any other St. Paul Police
Officer(s) that may be assigned on a temporary or full time basis shall be covered under this
agreement, including the same provisions of the in-Kind conhibutions and overtime payments
made to St. Paul Police Department. The officer(s) assigned and selected for duty at the Task
Force sha11 remain an employee of the St. Paul Police Deparlment. St. Paul Police Department
shall be responsible for and provide compensation, personnei evaluations, grievances, merit
increases, and liability insurance coverage, such as general, personal, vehicle, and professional
liability insurance, for each assigned law enf'orcement(s) officer assigned for duty at the Task
Force. Furthermore, the Participating Agency understands and agrees that the law enforcement
officers assigned to duty at the Task Force shall not, for any reason, be considered employees of
the state or of the Task Force.
IV. TERMINATION
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This agreement may be ternrinated by either party by providing 15 days' written norice to
the persons occupying the posirions of the persons executing this document. Payment upon
termination shall be made in proportion to costs incuned to the date of tenuination.
IN WIT'NESS WHEREOF, the parties hereto have set their hands on the dates so
indicated.
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, ,SP.N-76-20&1 13�05 MN FIhaAhY_'IAL r_kIMES P.02ic�2
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A
EXHIBIT A
GRAI�iT REIMBI,`RSEMEIV'I` TO PARTICIP`A'1'iF�iG AGENCY
�T• � � �
Name of Participating Agency
t�rZAa7'3" �
�� i O G
Reimbatsemeni Amount
Dneatiun oC iTota[ amnunt far
AssiQnment durationofsss:onment
Particiostipg_�t Qoucv
2Q% Mxtch
8e n date Sa1ai 2S `��' -a"'i, Source
t. � oi 2co4 �n'�� $
OZ tt�12�3� h�( �Zco�/ ertime ID.� ,ao
�( '��, '�, �. ,�^� Bn dste Vehic e cosY S �
��I��ZCO`f (JtherCsne�ify� �
Cp trxo+.7"�N S
ount
Be " date Sala� $ 5 ,a� ��S_ 4�
? ' b7 nt 2Pa� p�
Q"T ��.: l�7..�c�- C�R` I� �5 O_ ve e $ 76 cri��-
Ko
En date Yehicle cos4 � T�
7 S Ot3�erfsnecifi+}
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{ i i M� �c.'f'�G71"'1 V� V� � �Er)�i��.l�
��v ��' R � �i2 A3c�v� �iNDi rvl4 .
����� �����'���`� U� t U fo � 4�
AalOUnd
if oart-time
.0.mount of
T�i�
S nt on Task
Foree Luties
hrs/wk
hrslwk
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TUTFtL P.92
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4 originals reauired Disiriburion:
1-St Paul City(Police Depaztnient
2-MNFCTF Commander Office
3-Anoka Co Attomey
4.MNFCTF Office copy
END
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MEMORANDUM OF U1VllERSTANDING
ORGAI�IZING TAE NTINNESOTA FINANCIAL CRIMES TASK FORCE
This Memorandum of Understanding is entered into this day of Janua_,ry 2004, by
and between the Minnesota Financial Crimes Task Force ("Task Farce") and St. Paul Police
Department ("Effective Date"), by and between the undersigned participating agencies of
government.
I�JIf1Y�1�f.Y.`f�1Y I
WHEREAS, the Legislature of the State of Minnesota enacted Minn. Stat. § 299A.68
(2003), which creates the Minnesota Financial Crimes Task Force, for the purpose of
investigating major financial crimes as provided for in Minn. Stat. § 299A.68, Subd. 2(2003);
and
WHEREAS, Minn. Stat. § 299A.68, Subd. 3(2003), provides that agencies that
participate in the statewide financial crimes task force shall oversee the task force's operations
by establishing procedures and guidelines in a memorandum of understanding signed by the
person in charge of each participating agency of government; and
WHEREAS, this Memorandum of Understanding is entered into pursuant to the
provisions of Minn. Stat. § 299A.68 (2003) for the purpose of establishing procedures and
guidelines to oversee the operation of the Minnesota Financial Crimes Task Force.
WHEREAS, there is a Minnesota Financial Crimes Task Force Crrant-Reimbursement
Agreement between the Minnesota Financial Crimes Task Farce and the Saint Paul Police
Department, as a participating agency; and
NOW, THBREFORE, it is agreed and understood as follows:
L PURPOSE
Pursuant to the provisions of Minn. Stat. § 299A.68, Subd. 2(2003), the duties of the
Task Force are as follows:
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The Task Force shall investigate consumez identity theft cases and
financial crimes, wluch aze reported by individuals, businesses and entities
victimized by such crimes.
2. The Task Force shall focus on financial crimes including, but not limited
to, statewide crimes such as: theft, fraud, and forgery crimes, including
identity theft, check forgery, fraud in obtaining credit, financial
transacrion cazd &aud, theft from merchants, possession or sale of stolen
or counterfeit checks, issuance of dishonared checks, creation or use of
counterfeit state identification, obtaining counterfeit state identification,
fraudulent Internet transactions, fraudulent merchandise retums,
inveshnent fraud, insurance fraud, vehicle insurance fraud, financial
institution fraud, fraud related to state or federal programs, tax fraud, mail
and wue fraud, and other related financial crimes.
In particulaz, the Task Force shall investigate individuals and
organizations, based on their criminal acrivity, that:
a. commit multiple, cross jurisdictional, financial crimes;
b. employ computers and other sophisricated technology to
counterfeit documents or commit fraud; or
c. illegaily obtain consuxner informarion for identity theft.
IL AGENCIES ELTGIBLE TO JOIN THE TASK FORCEBECOMING A
PARTICIPATING AGENCY/WITHDRAWING FROM THE TASK FORCE
A. Agencies that are eligible to join the Task Force are local state law enforcement
agencies, federal law enforcement agencies, and state and federal prosecuting officers (`Bligible
Agency")
B. To become a member of the Task Force, the person in charge of an Eligible
Agency shall sign this Memorandum of I3ndeistanding ("MOU") and agree to be bound by the
provisions of this MOU, resolutions and by-laws established by the Advisory Committee, and
the provisions of Minn. Stat. § 299A.68 (2003).
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C. Upon execurion of this MOU by the person in chazge of an Eligible Agency, the
Eligible Agency sha11 become a Participating Agency, eligible to participate in the Task Force
beginniug on the Effective Date.
D. When an Eligible Agency signs this MOU and becomes a Participating Agency,
the original signed MOU shall be forwazded to the Chair of the Advisory Committee who shall
forward copies to each of the Participating Agencies.
E. A Participating Agency may withdraw from the Task Farce by providing 60 days
written notice thereof to the Chair of the Advisory Committee. The written notice of withdrawal
shail be signed by the person in chazge of the Participating Agency.
F. The Chair of the Advisory Committee or the designee shall keep a current roster
of the Participating Agencies.
I I I � Y �1:7uT�11��L[Ili
The term of this MOU shall be perpetual, unless and until the Task Force is disbanded as
hereinafter provided.
IV. PARTICIPATING AGENCY
Each Participating Agency shall designate one representative to the Task Force. The
person in charge of the Parhicipating Agency shall be that Participating Agency's representative
to the Task Force unless the person in chazge of the Participating Agency designates someone
else, in writing, as that Participating Agency's representative to the Task Force. Any such
written designation shall be forwarded to the Chair of the Advisory Committee.
V. STATEWIDE COMMANDER
A. The Participating Agencies shall select a Statewide Commander ("Commander")
to direct the Task Force. Selection shall be made by each participating agency exercising one
vote. Federal law enforcement agencies and officers participating in the Task Force may not
participate in the selection of the Commander. There must be at least two participating agencies
to choose a Commander. The Commander may designate such subordinate supervisors and
prescribe their powers as the Commander may deem appropriate.
B. The Commander, in consultation with the federal, state, and local Participating
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Agencies, shall make all tactical decisions regazding the commencement, continuarion, and
conclusion of ali matters that are to be investigated and prosecuted.
C. The Commander shali make all decisions regazding the assignment and transfer of
state and local law enforcement officials assigned for duty with the Task Force in consultation
with the Participating Agencies.
D. The Commander shall be a member of the Advisory Committee.
E. On an annual basis, the Commander shall establish an operational budget and
present it to the Advisory Committee for approval.
E The Commander's term of office shall be for four years, or until a successor is
appointed or elected by the Participating Agencies. The Commander may be removed at the
pleasure of the Advisory Committee.
G. Pursuant to the provisions of Minn. Stat. § 299A.68, Subd. 10, the Commander
shall report annually to the Commissioner of Public Safety on the activi6es of the Task Force.
VI. ADVISORY COMMITTEE
A. The activities of the Task Force shall be overseen by an Advisory Committee.
The Advisory Committee shall be responsible for the care and control of Task Force property
and management of the Task Force funds and business. The Commander shall appoint the
members of the first Advisory Committee. The powers of the Task Force shall be exercised by
the Advisory Committee pursuant to resolufions and by-laws adopted by the Advisory
Committee. Contracts and/or other written instruments made by the Task Force shall be
executed in its name by the Chair of the Advisory Committee and by the Commander. A
majority of the Advisory Committee shall constitute a quorum, and no business shali be done
unless voted for by a majority of the whole Advisory Committee then serving.
B. The Advisory Committee membership shall consist of the Commander, a county
attomey from the metro area, a county attomey from greater Minnesota, and three chiefs of
police or sherif£s from law enforcement agencies that have the longest continuous participation
in the Task Force. The Advisory Committee shall appoint a Chair from among its members.
The Commander shall not be eligible to be the Chair of the Advisory Committee. Except for the
Commander, an Advisory Committee member may appoint a designee to represent that member
on the Advisory Committee. Any such designation shall be in writing, which shall be forwarded
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to the Commander and the Chair of the Advisory Committee.
C. Except for the Commander, Advisory Committee members shall, after their initial
term, serve a term of three yeazs, or until their respective replacements aze appointed or elected.
The initial term of the Advisory Committee members shall be staggered as follows:
Representative Initial Term
Metro Area County Attorney
Greater Minnesota County Attorney
Law Enforcement Agencies:
Representarive 1
Representative 2'
Representative 3
iwo years
three years
one year
two yeazs
three years
D. The Advisory Committee shall adopt by-laws, which shall include, among other
things, procedures for the conduct of the election and filling of vacancies to the Advisory
Committee.
E. The Advisory Committee shall select and oversee a fiscal agent who is qualified
to handle the financiai accounting of Task Force funding. The fiscal agent shall report to the
Advisory Board on a quarterly basis. The financial books and records of the Task Force shall be
audited by an outside accountant on an annual basis.
F. The Advisory Committee shall approve the annual budget prepazed and submitted
by the Commander. Task Force funds may be used for any Task Force related purposes,
including salaries, overtime, administration, office costs, law enforcement equipment,
computers, softwaze, vehicle expenses, travel, and training. Except upon approval by the
Advisory Committee, funding for overtime sha11 be limited to 10 percent of all grants, funds, or
other financial conhibutions received by a Participating Agency from Task Force funds.
G. A participating local agency may seek a grant for reimbursement for the time and
resources that a peace officer, invesrigator, detecrive, prosecutor, and administrafive staff
dedicate to the Task Force, or for any other Task Force-related pucposes.
H. The Advisory Committee shall consider and may approve grant reimbursement
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requests from participating agencies seeking reimbursement for the time and resources that a
peace officer, investigator, detective, prosecutor, and administrative staff dedicate to the Task
Force or for any other Task Force related purpose. The Advisory Committee shall adopt
resolutions and by-laws establishing procedures and protocols for approving grant
reimbursement requests. In order to receive a grant, a Participating Agency must provide a 20
percent match in non-state funds or in-land contributions directly from its budget or as
hereinafter provided. The Advisory Committee is authorized to allocate towazd an agency's 20
percent match any contributions, in-kind or otherwise, received &om any entity or individual
donating or otherwise providing support to the Task Force. The Advisory Committee shall have
the authority to increase the percentage match required from Participating Agencies. The Task
Force is authorized to accept grants, contributions, forfeiture proceeds, or court-ordered
payments from any state or federal source, legal entity, or individual.
I. The Advisory Committee shall meet at least quarterly for the purpose of
conducting the official business of the Task Force. No Advisory Committee meeting at which
official business of the Task Force is conducted shall take place unless three (3) days notice
thereof is sent to the representafive of each Participaring Agency. Notice may be sent by U.S.
Mail, facsimile transmission, and/or e-mail.
VII. LAW ENFORCEMENT OFFICERS/ASSIGNMENT OF DUTY
A. A Participating Agency may assign one or more of its law enforcement officers
for duty at the Task Force. All assignments shall be in writing and signed by the person in
charge of the Participating Agency, or that person's designee. All assignments shall state the
duration and amount of time each law enforcement officer shall dedicate to duty on the Task
Force. All assignments of law enforcement officers are subject to the approval of the
Commander.
B. All law enforcement officers selected to join the Task Force shall be licensed
peace officers under Minn. Stat. § 626.84, Subd. 1, or qualified federal law enforcement officers
as defined in Minn. Stat. § 626.8453.
C. All law enforcement officers assigned and selected for duty on the Task Force
shall remain an employee of the Participating Agency that assigned them to duty for the Task
Force. Compensation, personnel evaluations, grievances, merit increases, and liability insurance
coverage, such as general, personal, vehicle, and professional liability insurance, shall be
covered by each law enforcement officer's employing Participating Agency. Law enforcement
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officers assigned to duty at the Task Force are not employees of the State or of the Task Force.
D. A Participating Agency which assigns a 1aw enforcement officer for duty on the
Task Force shall provide written docuxnentation in a fonm acceptable to the Task Force, which
provides that:
the assigned law enforcement officer shall remain an employee of the
Participating Agency during his/her assignment of duty to the Task Force; and
2. the assigned law enforcement officer is covered by workers compensation
coverage provided by the Participating Agency; and
3. other liabilities arising from the assigned law enforcement officer's
activities while assigned for duty on the Task Force is the responsibility of the Participating
Agency.
E. Law enforcement officers who are assigned to duty on the Task Force shall, in
accordance with Minn. Stat. § 299A, Subd. 6, have statewide jurisdiction to conduct criminal
investigations into financial crimes as described in Subd. 2 of said statute.
F. Law enforcement officers assigned to the Task Force shall follow their respective
county, state, or federal arrest procedwes, booldng processes, reporting processes, prosecuting
attorney charging requirements, and notification protocol to the appropriate local or county law
enforcement agency where arrests aze made and seazch warrants executed. The Commander is
responsible for ensuring compliance with applicable local practices and procedures.
G. Agencies assigning law enforcement officers to the Task Force shall also
provide vehicles for such officers to use. These vehicles shall carry the same
insurance as other police vehicles of the agency and the agency shall so certify.
H. The undersigned agency, St Police Department, having signed this
Memorandum of Understanding to participate in the Minnesota Financiai
Crimes Task Force, hereby designates Chris Abbas as its selecrion for the
position of Task Force Commander or the Commander selected by the
Aduisory Committee if Chris Abbas position is changed.
VIII. REGIONAL OFFICES
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The Task Force is authorized to establish seven regional offices to investigate financial
crimes tluoughout the state pursuant to Minn. Stat. 299A.68, Subd. 6A. The Advisory
Committee and Commander will exercise their best efforts to utilize Task Force funds to
establish such regional offices as funding permits. The regional offices shall be composed of
Participating Agencies from designated geographic azeas. In consultation with the Commander,
the Participating Agencies of each regional office shall select a supervisor to direct the office.
The regional supervisors shall report to the Commander.
IX. FEDERAL LAW ENFORCEMENT PARTICIPATION
The federal Task Force members shall decide whether to adopt a case as a federal
investigation either upon the request of the Task Force Commander or following consultation
with the Commander. Any dispute conceming whether a matter should proceed as a federal
investigation shall be resolved by the Advisory Committee in consultation with the appropriate
prosecution authorities. The federal Task Force members shall select a lead federal law
enforcement agency for each adopted federal investigarion. The lead federal law enforcement
agency shall make all tactical decisions regazding the continuation and conclusion of adopted
federal inves6gations in consultation with the Commander and Participating Agencies.
X. FORFETTURE
All money and property seized by the Task Farce is subject to forfeiture and shall be
forfeited pursuant to laws and procedures established by the Advisory Comxnittee. A percentage
of the Task Force forfeiture proceeds agreed upon by the Advisory Committee will be deposited
into a forfeiture funds account to be maintained by the fiscal agent and used by the Task Force to
offset equipment or operating costs of the Task Force. In the case of federal forfeihue actions,
established Federal Rules shall be followed.
XI. COLLABORATION WITH OTHER PROSECUTORIAL AND LAW
ENFORCEMENT OFFICE5
To the greatest degree possible, the Task Force shall cooperate and collaborate with
existing prosecutorial offices and law enforcement agencies.
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XII. DISTRIBUTION OF ASSETS ON DISBANDMENTlDISSOLUTION OF TASK
FORCE
Upon disbandmenUdissolurion of the Task Force, and after paying or adequately
providing for the debts, obligarions, and liabilities of the Task Force, the remaining assets of the
Task Force shall be distributed as follows:
1. Assets of Participating Agencies loaned to the Task Force shali be
returned to the respective Participating Agency.
2. Money and/or assets purchased with funds from a grant shall be disposed
of pursuant to any terms and/or conditions provided for in the applicable grant.
The remaining assets, if any, shall be distributed to any public and/or non-
profit organization, as determined by the Advisory Committee, that provides the same or similaz
functions of the Task Force.
XIII. DISPUTE RESOLUTION PROCESS
All disputes between Participaring Agencies concerning the operation of the Task Force
shall be resolved pursuant to the provisions of this section. Participating Agencies with disputes
concerning the Task Force shall first try to resolve the dispute by conferring among themselves.
If the issues cannot be resolved by the Participating Agencies, one or more of the Participating
Agencies involved in the dispute shall file with the Advisory Committee a written report
sumrnarizing the issues involved in the dispute. Any Participating Agency affected and/or
involved with the dispute may also submit a written report to the Advisory Committee. The
dispute shall then be resolved by majority vote of the Advisory Committee.
XIV. ACCEPTANCE OF GIFTS
The Task Force may, by resolution adopted by the Advisory Committee, receive by
grant, gift, devise, or bequest, and take chazge of, own, hold, conirol, and invest in accordance
with the terms of the trust or the conditions of the gift, personal properiy and/or real properiy for
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the use and benefit of the Task Force.
XV. SALE, LEASE OR CONVEYANCE OF TASK FORCE PROPERTY
No sale, lease or conveyance of real estate owned by the Task Force, nor any contract or
option for it, shall be valid without first advertising for bids in a newspaper of general circularion
in the azea where the property is located for tt�ree consecutive weeks. The notice must state the
time and place of considering the proposals contain a legal description of the real estate and a
description of any personal property. Leases that do not exceed $15,000 for any one yeaz may
be negotiated and are not subject to the competitive bid procedure of trris section. Ali proposals
estimated to exceed $15,000 in any one yeaz shall be considered at the rime set for the bid
opening and the one most favorable to the Task Force shall be accepted, but the Task Force may,
in the best interests of the Task Force, reject any or all proposals. Sales of personal property the
value of which is estimated to exceed $15,000 or more, shall be made only after advertising for
bids or proposals as provided for real estate. Sale of personal property the value of wluch is
estimated to be less than $15,000 may be made either on competitive bids or in the open market,
at the discretion of the Advisory Committee. If the real estate or personal property remains
unsold after advertising for and considerafion of bids ar proposals, the Task Force may employ a
broker to sell the property.
XVI. CONTRACTS OF THE TASK FORCE
Acquisition and liquidation of equipment, office space, transportation contracts and all
other matters shall be performed by the laws relating to counties.
XVII. DISBANDMENT/TERMINATION OF TASK FORCE
The Task Force may be disbanded/terminated upon written agreement by all Participating
Agencies of the Task Force. Upon disbandmenUterminarion of the Task Force, provisions must
be made for the winding-up of business and the dissolution of assets as provided for herein.
XVIII. MODIFICATIONS TO MOU
This document and accompanying e�ibit(s) constitute the full and complete agreement
between the Participating Agencies. Modifications to this MOU will have no force and effect
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unless and untii such modificarions aze reduced to writing and approved by an authorized
representarive of each Par[icipating Agency. This MOU wiif, a? regulaz intervaIs, he subjected to
review to determine if changes are appropriate. Representativ� from the Participating Agencies
shail confer on the interpretation and appli:ztion of this MOU as necessary. Any disputes
conceming the interpretation or apglication of this MOU are subject to the dispute rasolutions
grovisions contained herein.
XIX. ENFORCEABLE RIGHTS
The provisions set forth in this MOU aze solely for the putpose of intemal guidance.
This MOU does not, is not intended to, shall nat be construed to, and may not be relied upon to
create any substantive or procedural rights enforceahle at law by any party in any matter, civi2 or
criminat. Nor does this MOU confer any rights, benefits, privileges or form of due process upon
individuais, associations, corporations, or other persons or entities. This MOU does not, is ttot
intended to, and shall not be construed to exclude, sugplant, or Iimit the otherwise lawful
activities of the Participating Agencies.
IN dVI1'NBSS WHEREOF, the person in charge of the Eligible Agency hereuTider has set histher
hand.
� y�-�- .� s s`t� ►�6�.
H:\dataldoc�majtFinancial CrimesVNOU.Stp.wpd
4 originals reauired. Dishibution:
1-St Paul City/Pollce Deparknent
2-MNFCTF Commander �ffice
3-Anoka Co Attorney
4.MNFCTF OfTice copy
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