04-618CouncilFile # 0�� `��
Green Sheet # 206652
RESOLUTION
OF SAINT PAUL, NIINNESOTA
Presented By:
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Referred To: Committee:Date:
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the
2 attached agreement with the Burnsville Police Department for participation in the Inter�et
3 Crimes Against Children Task Force. A copy of said agreement is to be kept on 51e in the
4 Office of Financial Services.
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Yeas Nays Absent Requested by Department of:
Benanav �
Bostrom �/ �9�.' 0
Harris J /
Helgen ,�
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Thune
Adopted by CouncSl: Date: Disrr.m �
Adoption Certified b Council Secretary:
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Approved by 1� 'l'yor: Datey 7
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By: �,./ � � .
Form Approved by City
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Mimiesota Internet Crimes Against Children Task Force
Multi-Agency Law Enforcement Agreement
This Multi-Agency Law Enforcement Agreement, and amendments and supplements
thereto, (hereinafter "AgreemenY') is betvveen the City of Saint Paul, acting through its Police
Department (Crrantee) and the City of Burnsville, acting through its Police Department, 100 Civic
Center Parkway, Burnsville, MN 55337 (hereinafter "Undersigned Law Enforcement Agency")
both which aze empowered to enter into joint powers agreements pursuant to Minn. Stat. §
471.59, Subd. 10 & 12, and is fiirther empowered to enter into this Agreement by Minn. Stat. §
626.76; and
Whereas, the above subscribed parties have joined together in a multi-agency task force
intended to investigate and prosecute crimes committed against children and the criminal
exploitation of children that is committed and/or facilitated by or through the use of computers,
and to disrupt and dismantle organizations engaging in such activity; and
WheTeas, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and
Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as E�ibit
A) disbursed by the Office of Juvenile Just and Delinquency Prevention ("OJJDP") in
Washington, D.C. to assist law enforcement in investigating and combating the exploitation of
children which occurs through the use of computers by providing funding for equipment,
training, and expenses, ancluding travel and overtime funding, which aze incurred by law
enforcement as a result of such investigations; and
Whereas, the OJJDP Internet Crimes Against Children ("ICAC") x Boazd of Directors has
been established representing each of the existing ICAC Task Forces to oversee the operation of
the grant and sub-grant recipients.
Now Therefore, the parties agree as follows:
The Undersigned Law Enforcement Agency approves, authorizes, and
enters into this Memorandum of Understanding with the purpose of
implementing a three-pronged approach to combat Internet Crimes Against
Children: prevention, education and enforcement; and
The Undersigned Law Enforcement Agency shall adhere to the OJJDP
ICAC Task Force Program Standards, in addition to state federal laws, when
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conducting undercover operations relative to ICAC; and
The Undersigned Law Enforcement Agency shall adhere to the Minnesota
ICAC Task Force Policy Statement (attached to this Agreement as E�ibit
B); and
All officers contributed by the Undersigned Law Enforcement Agency to
the Minnesota ICAC Task Force shall be licensed peace officers or found by
the Minnesota Board of Peace Officer Standards and Training to have
comparable qualifications; and
When a contributed officer of the Undersigned Law Enforcement Agency
acts on the behalf of the Minnesota ICAC task Force within the scope of
this Agreement, the officer's actions are within the officer's line of duty and
course of empioyxnent to the same extent as if the officer had acted on
behalf of the officer's employing Agency; and
► The Undersigned Law Enforcement Agency shall indemnify, save and hold
harmless the Grantee, its representatives and employees from any and all
claims or causes of action, including all reasonable attorney's fees incurred
by the Grantee, arising from the performance of this Agreement by the
Undersigned Law Enforcement Agency's officer/s/; and
► All members of the Undersigned Law Enforcement Agency shall continue
to be employed by the same Law Enfarcement Agency employer which they
were employed before joining the Minnesota ICAC Task Force and all
services, duties, acts or omissions performed by the member will be within
the course and duty of that employment, and therefore, are covered by the
Workers Compensation programs of that employer; will be paid by that
employer and entitled to that employer fringe benefits; and
The Undersigned Law Enforcement Agency shall submit all requests for
undercover ICAC related operations in writing to the Commander of the
Minnesota ICAC Task Force far presentation to the OJJDP ICAC Task
Force Board of Directors; and
The Undersigned Law Enforcement Agency must first submit a written
request for funds and receive approval for the funds from the Grantee to
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receive any funds from the Grantee; and
The Undersigned Law Enforcement Agency must supply original receipts to
be reimbursed on pre-approved requests; and
The Undersigned Law Enforcement Agency shall maintain accurate records
pertaining to prevention, education, and enforcement activities, to be
collected and forwarded monthly to the Minnesota ICAC Task Force
Commander or his designee for statistical reporting purposes; and
► The Undersigned Law Enforcement Agency shall participate fully in any
audits required by the OJJDP; and
► The Undersigned Law Enforcement Agency shall make a reasonable good
faith attempt to be represented at any scheduled regional meetings in order
to share information and resources amongst the multiple entities; and
► The Undersigned Law Enforcement Agency shall be solely responsible for
forwarding information relative to investigative targets to the Child
Pornography Pointer System (CPPS) pursuant to the OJJDP guidelines; and
► The Undersigned Law Enforcement Agency shall provide the Minnesota
ICAC Task Force Commander in a timely manner all investigative
equipment acquired through grant funding as a result of this Agreement in
the event that: future federal funding is no longer a�ailable, the Agency
decides to dissolve its binding relationship with the Minnesota ICAC Task
Force and the Saint Paul Police Department, or the Agency breaches the
Agreement.
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Terms of this agreement:
This agreement shall be effective upon signatures. Nothing in this agreement shall otherwise
limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a
member of the Agency.
William K. Finney, Chief of Police
Saint Paul Police Department
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v and Title �a/�C.i � cc�l`� �c �e �Z �
AeencX t' 2�s v'� �e.d�
Agencvi certifies that the appropriate person(sl
have executed the Aareement on behalf of the
Aeencv and its iurisdicrional ¢overnment entitv
as required b�onlicable articles laws
bv-laws resolutions or ordinances.
Date
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DEPARTMEN7/OFFICEICOUNCIL DATE INITIATED
Police 6/3/04 GREEN SHEET t�o. � 206652 '
ONTA PER N� HONE �NI71AUDATE INITIAWATE
C�ief Wllllam FuIDey 266-5588 7 DEPARTMENTDIRECTOIt 4 cmcouxrn
MUST BE ON COUNCIL AGENDA BY (DATE)
P1C2Se prOcess ASAP �cmnrrorwer �c�rc�rsic
❑FWpNCIqLSERNCE50�R_ ❑FlNIWCIALSERVIACMG
�MNYOR�ORASS6TRNT) �HUMANRIGHIS
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED
Signatures requested on the attached council resolution authorizing the City of Saint Paul, Police Deparhnent, to enter into the attached
memorandum of understanding between the Saint Paul Police Deparhnent and the Bumsville Police Department for participarion in the
Intemet Crimes Against Children Task Force (ICAC).
RECOMMENDATION AppfOVE (A) Of REjEGk (R) PERSONAL SERVICE CONiRACTS MUSTANSWER TXE FOLLOWING QUES770NS:
1. Has this persoNfirm everworketl untler a wntrect forthis department?
PLANNING COMMISSION YES NO
CIB COMMITTEE 2. Has this person/firm ever been a ciry employee?
CIViI SERVICE COMMISSION YES NO
3. Dces this perso�rtn possess a skill not nortnally possessetl by any cunent ciiy employee?
YES NO
4 Is this person�rm a targetetl ventloY?
YES NO
Explain all yes answers on separate sheet antl attach to green sheet
INI7IATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WHI�
The ICAC Task Force's mission is to form a multi-jurisdictional operation that investigates crimes involving child pornogaphy, the
exploitation of children via the Internet, educates law enforcement and the public on Intemet safety and Internet investigations.
Participating agencies must agree Yo adhere to the same standards that the task force has agreed to with the Office of Juvenile Justice for
Delinquency Prevention (OJJDP). This memorandum of understanding is a statement that the agencies understand and agree to these
standazds. Any equipment provided to the assisting agency for task force work is to be retumed to the task force upon
termination of the task force or their affiliarion with the task force.
ADVANTAGESIFAPPROVED
Approval of the multi-agency law enforcement agreement assures that the task force is operating per OJJDP guidelines that set uniform
operational standards for participating agencies. This agreement will make the task force more effective by increasing the number of
investigators available to work ICAC related cases.
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DISADVANTAGES IF APPROVED � � � � � � . ��
None �
� .i�.li� tp" L&PdP`E
i 6 "i d n s
DISADVANTAGES IF NOTAPPROVED ' � S �
The work of the task force would be substantially hindered as work with other agencies is an integral p of the�a�ig�p��gSa�t-appbic�tion.
JUN 3 4 2aQ�
TOTAL AMOUNT OF TRANSACTION b NOnC COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ICAC GL3nt ACTIVITY NUMBER 436-34056
FINANCIAL INFORMATION (EXPLAIN)
ICAC BumsvilVe mou cr-gs
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OPEI�ATIOl�AL
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IN�E'�TIGATIV� STA.ND�I2�S
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INDEX
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
Case Managerrnent . . . . . . . . . . . . . . . . . . . . . . . . . Pages 2 — 6
A. Workspace and Equipment Page 2
B. Case Predication and Prioritization Page 3
C. Record Keeping Page 4
D. Undercover Investigations Page 5
E. Evidence Procedures Page 6
Information Sharing . . . . . . . . . . . . . . . . . . . . . . . Page 7
Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
Selection of ICAC Task Force Personnel ;...... Page.9
Community �ducation and Crime Prevention
Activit�es . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 10
Media Relation.s and Releases . . . . . . . . . . . . . . . . Page 11
ICAC Program Operational and Irrvestig�five Standards
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Effective Date: 3/0&(Q2
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Definitions
As used herein, the following definition shall apply:
"OJJDP" is the Office of Juvenile 7ustice and Delinquency Prevention.
"NCMEC" is the National Center for Missing an;d Exploited Children.
"CEOS" is the Child Exploitation and Obscenity Section of the United States
Attorney's Office, of the Department of Justice. ,
"ICAC" is the Internet Crimes Against Children,�rogram composed of Regional
Task Forces and Satellites. '
"REGIONAL TASK FORCE" is defined as an ICAC law enforcement agency
designated by OJJDP to act as a Regional Task Force.
"SATELLITIE" is defined as a law enforcement agency that was selected to
receive an O.fJDP grant to establish a satellite pr �ogram.
For the purpc>ses of this program, crime is define,d as any offense that involves the
exploitation of children facilitated by technolog�.
Investigative interest is established when there is xeasonable suspicion that a
screen name or other potentially identifaable enti�iy has committed a crime or that
entity is enga.ged in a sequence of activ9ties that is likely to result in the
commission of a crime.
A proactive investigation is designed to identify� investigate and prosecute
offenders, which may or may not involve a specilfic target, and requires online
interaction and a significant degree of pre-operatiive planning.
A reactive investigation involves the investigation of a complaint of a crime.
Reasonable suspicion is established when suffici!ent facts exist to lead a law
enforcement officer to believe that an individual�or organization is involved in a
definable cri�ninal activity.
ICAC Program Operational and Investigative Standards �
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Effective Date:
3/08/02
CaSQ
A. ��orkspace and ��Equipment
ICAC computers and softwaze shall be reserved for the exclusive use
b;y agency designated ICAC petsonnel. When possible, undercover
computers, software, and online accounts shall be purchased covertly.
No personally owned equipment shal� be used in ICAC investigations
a�id all software shall be properly acquired and licensed.
2. I(:AC personnel shall not use ICAC ¢omputers, software or online
ac;counts for personal use.
Absent exigent ar unforeseen circumstances, a11 ICAC online
inivestigations shall be conducted in government workspace as
d��signated by the agency. Exception5 must be approved in advance by
a�i ICAC supervisor.
ICBC Program Operational and Invest'igative Standards
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Effective Date:
3/OSl02
Case Predication and
Case Man.
�3. Case Predica;tion and
Frioritiz�tion
Cases may be initiated by referrals'I from the CyberTipline, InterneY
se:rvice providers, or other law ,enforcement agencies, and by!
in�formafion gathered through subje¢t interviews, docuxnented public
sources, direct observations of suspicious behavior, public complaints,'
or by any other source acceptable under agency policies.
2. ICAC supervisors are responsible for determining investigative
priorities and selecting cases for' investigation. Assuming the
irnformation is deemed credible, that� determination should begin with
an assessment of vicrim risk and then consider other factors such as
jurisdiction and known offender �ehavioral characteristics. The
fallowing prioritization scale sha11 be; considered:
a) A child is at immediate risk of �ictimization
b) A child is vulnerable to victimization by a known offender
c) A known suspect is aggressively soliciting a child(ren)
d) Manufacturers, distributors or possessors of images that appear.
to be home photography with domiciled children
e) Aggressive, high-volume child pornography manufacturers or:
distributors who either are �commercial distributors, repeat,
offenders, or specialize in sadis�ic images
fl Manufacturers, distributors a�d solicitors involved in high-
volume trafficking or belong tq an arganized child pornography
ring that operates as a criminal conspiracy
g) Distributors, solicitoxs and possessors of images of child
pornography
h) Any other form of child victimi
ICAC Program Operational and Investigative Standards
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C. Record Keeping
1. ICAC units shall be subject to ewisting agency incident reporting,
procedures and case supervision systems. At a minimusn, a unique i,
id.enrifier shall be assigned to each I�AC case.
2. Participafing agencies will report program accomplishments using the;
ICAC Monthly Performance Measur,es Report. This report is due to:
tl�s ICAC Coordinator on the 10�' of 'every month and does not replace ,
tk�.e semi-annual progress report required by the Office of Justice ,
P�rogram's Financial Guide. '
ICAC Program Operational and Investigative Standards
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D. Undercover Investigations
Cazefully managed undercover operations conducted by well-trained;
oS:�icers are among the most effecfive techniques available to lawi
enforcement for addressing ICAC o,ffenses. Undercover operations, �
when executed and documented prop;erly, collect virivally unassailable I,
evidence regarding a suspect's predilection to exploit children.
2. Inivestigators will be supplied with appropriate training and receive a
copy of the ICAC Operational and Inuestigative Standazds
3. ICAC investigations shall be conducted in a manner consistent with �,
tl�e principles of law and due proce�s. See, for ex�nple, Jacobson v. �',
U:S, 503 U.S. 540 (1992); U.S. v. Archer, 486 F.2d (2 Cir.1973); �
U.S. v. Gamache 156 F. 3d i(l Ci�. 1998); U.S. v. Poehlman 217 F.!
3ci 692 (9 Cir. 2000). ICAC investigators are encouraged to work in''
conjunction with their local prosecutors. �
4. The following minimum standards apply to ICAC investigations:
a) Only sworn, on-duty ICAC personnel shall conduct ICAC
investigations in an undercover capacity. Private citizens sha11 i
not be asked to seek out investigative targets, nor sha11 they be �
authorized to act as police �gents in an online undercover'
capacity.
b) ICAC personnel shall not, electronically upload, transmit, or
forward pomographic, or sexually explicit nnages. �
c) Other than photographs of law enforcement officers who have
provided their informed written� consent, no actual human images ;
sha11 be uploaded, transmitted, or forwarded by ICAC personnel.
d) During online dialogue, undercover officexs should allow the�,
investigadve target to set the toi�e, pace, and subject matter of the;
online conversation. Image transfer shall be initiated by the:
target.
ICAC Program Operational and Investi'gative Standards
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e) Undercover online activity shall be recorded and documented. i
Any depariures from this policy due to unusual circwnstances;
shall be documented in the xelevant case file and reviewed by an;
ICAC supervisor.
3/08/02
Date:
Evidence Procedures � Page 1 of 1
Case Management
E. Evidence Procedures
1. The storage, security, and destruct2on of investigative information;
shall be consistent with agency policy. Access to these files should�'
be restricted to authorized personnel., ,
2. IC.AC supervisors should ensure that qualified personnel conduct
forensic
exaxninations of computers and related evidence.
a. Chi1d pornography is contraband and should be maintained,
pursuant to each agency's policies regarding such. Absent a court!
order specifically ordering othe�rwise, evidence containing childi
pornography shall not be released to any defendant or',
r.epresentative thereof.
b, When providing evidence containing child pomography to another�
law enforcement agency, such avidence must be hand-delivered, i
digitally protected or sent via a rlelivery service which tracks the;
shipment. '
C Program Operational and Investigative Standards
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3/08/02
Date:
Information
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Conventional boundaries are virtua.11y meanpngless in the electronic world of
the Intemet and the usual constraints of time, place, and distance lose their;
relevance:. These factors increase the possibiliiy of ICAC agencies targeting�
one another, investigating the same subjeet, or inadvertenfly disrupting an�
ongoing investigation. To foster coordination, collaborafion, andi
commun%cation, each ICAC agency must contribute basic case information to �
a common database.
2. Each 1[CAC agency shall contribute case information on all active
investigations (local, interstate, reactive and�proactive) to a common database;
as designiated by the ICAC Boazd of Directors. This information should be �
submitted at the eazliest psactical opportunity.
3. If any common target is identified, the initiating ICAC agency is responsible
for conta�ting the other law enforcement age�cy targeting the suspect. '
4. Initiating ICAC agencies should aJso consider contacting other local, state,:
and fedetal agencies which may be involved �in similaz invesfigations.
ICAC Progr-am Operational and Investigative Standards
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1. Each IC,SC agency shall have supervisory, systems and procedures, which:
shall provide for observarion, documentation, and periodic review of ICAC
activity. Such system should comply with the principles of quality case`!
manage�ient and ensure that ICAC activifies comply with both agency and',
ICAC Standards.
2. ICAC agencies xnay submit any proposed operations to the Boazd for review.,
To assist the Boazd in its review, the proposals shall be submitted to the $oard I
Coordina.tor at least 21 days in advance of the next regulazly scheduledi
meeting. Proposals should be submitted �using the following format and��;
include d1e following information: �
a) goals and objectives of the operation;
b} personnel assigned and/or responsible for investigation;
c) duxation of operation, i.e., projected start', and stop dates;
d) offenses targeted for investigation;
e) investigative targets and limitation on goNernment contact
fl opera.tion scenario and techniques (language for contact letters and!
advextisements must be included with prmposal);
g) liaison and/or case referral procedures with Federal law enforcement
agencies (include the names of Federal agents when known) and;
h) other relevant information
3. The Boai•d, at its discretion, may suggest am to .the original proposal,
followin�; consultation with the presenting agency. Notice of the results of the i
review o:f investigadve proposals from satellites will be communicated to the�'�
satellite representatives by the Boazd Chair.
4. The I�AC submitting the proposal for review may seek the support of the!,
Board.
ICI C Program Operational and Investlgative Standards
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Selection of ICAC Task Force Personnel
Managers and supervisors should evaluate prospective ICAC candidates for work
history that indi�ates prior investigative experience, court testimony skills, ability to
handle sensitive infozmation prudently, and a genµine interest in the protection of
children.
ICAC Program Operational and
Standards
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Education and Crime Prevention Activities
l. Prevention education activities aze a critica�l component of the OJJDP ICAC
Program, ICAC agencies should foster �'awareness and provide practical,;
relevant guidance to children, pazents, educators, librarians, and other;
individuals concemed about child safety issues.
2. Presentations to school staff, pazents, and community groups are excellentj
ways to g�romote awareness. These presentations shall not depict identifiable'i
victims, not otherwise in the public domain; nor shall they use pornographici
or sexually explicit images. Presenters; shali not discuss confidential�
investigative techniques. '
ICAC Program Operational and Investigative Standards
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Media Relations and
Media releases relating to prosecutions, crime al;erts or other matters concerning
ICAC operations shall not include information regarding confidential investigative;
techniques and should be coordinated (when ap'plicable) with other Task Force!
participants, Fecleral law enforcement agencies, anc� State and local agencies involved!
in the investigation consistent with sound info�nation management and media
relations pracdces.
ICf(C Program Operational and Investigative Standards
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