05-75Council File # QS'15
Green Sheet # 3025044
Presented By:
RESOLUTION
OF SAINT PAUL, MINNESOTA
Referred To: Committee:Date:
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
2 Joint Powers agreement with the Ramsey County Sheriffs Department to create The East Metro
3 Narcotics Task Force. A copy of said agreement is to be kept on file and on record in the Office of
4 Financial Services.
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Depardnent/officelcouncil: Date Initiated: � � ~
PD �oliceDepaz6nent z�-��-�5 Green Sheet NO: 3025044
Confact Person 8 Phone:
Deoartment SeM To Person InitiaUDate
ChiefJohnHafrington 0 oliceDe ar[ment /
A55ign i oliceDe artment De artmen[Director _L�
Must Be on Council Agenda by (Date): Number 2 i Attome
For
Routing 3 or's Office Ma or/ASSisfant
Order 4 0 ��
5 i Clerk Ci Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Signatures requested on the attached council resolution.
(Joint Powers ageement attached)
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission 7. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
. Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Signatures requested on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into a Joint
Powers agreement with the Ramsey County Sheriffs Department to create The East Metro Nazcotics Task Force.
Advantages If Approved:
The agencies will be able to more efticiently and effectively enforce controlled substance laws, investigate, and prosecute their related
crimes.
Disadvantattes If Approved:
None.
DisadvanWges If Not Approved:
The agencies will be unable to form the East Metro Nazcotics Task Force.
TotalAmountof CosVRevenue Budgeted:
Trensaction: �
Funding Source: Activity Number:
Financial Information:
(Explain) - .
o5-
.101NT POWERS AGREEMENT CREATING THE EAST
METRO NARCOTICS TASK FORCE
. �
This is an agreement between Ramsey County, a political subdivision of the State of
Minnesota, and the City of Saint Paul, a Minnesota municipality (hereinafter coilectively
referred to as "the Parties"), pursuant to the provisions of Minnesota Statutes Section
471.59, the Joint Powers Act.
WHEREAS, The Parties each have law enforcement agencies with police powers within
their respective jurisdictions: Ramsey County has the Ramsey County Sheriff s Office, and
the City of Saint Paul has the City of Saint Paul Police Department; (hereinafter coilectively
referred to as "the Agencies"); and
WHEREAS, The Agencies are responsible for the enforcement of controlled substance
laws in their respective jurisdictions; and
WHEREAS, The Parties, through their Agencies, wish to form a joint task force for the
purpose of more efficiently and effectively enforcing controlled substance laws and
investigating and prosecuting their related crimes, especially felonies that have the
likelihood of being related to the distribution of narcotics and/or other cases that have an
impact on both Parties;
NOW THEREFORE, The Parties, agree as follows:
1. General P�ose.
The purpose of this Agreement is to establish the East Metro Narcotics Task Force
as an organization to coordinate efforts to investigate, apprehend, and prosecute drug
offenders, and to define the rights and obligations of the Parties with respect to the duties
and activities performed by the Task Force throughout the term of the Agreement.
2. Members
East Metro Narcotics Task Foree JPA �
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The East Metro Narcotics Task Force (hereinafter "Task Force") is hereby
established by the Parties. The Task Force members are Ramsey County and the City of
Saint Paul.
3. Good Faith
The Parties and the Agencies shall cooperate and use their best efforts to ensure
that the various provisions of this Agreement are fulfilled, and to undertake resolution of
disputes, if any, in good faith and in an equitable and timely manner.
4. Term of Agreement/Termination
4.1 The Initial Term of this Agreement shall be for a one-year period, from
January 1, 2005 through December 31, 2005.
4.2 This Agreement shall automatically renew for additional one year periods
("Renewal Term") unless either of the Parties gives written notice to the other party
of its intent not to renew at least sixty (60) days prior to the end of the then-current
Initial Term or any Renewal Term.
4.3 This Agreement may be terminated at any time during the lnitial Term or
Renewal Term by one of the Parties with 30 days written notice to the other Parties.
4.4 Upon termination of this Agreement, all property owned by the Task Force
shall be distributed to the Agencies in equal parts or sold with the proceeds
distributed to the Agencies in equal parts. Property of the Agencies or the Parties
that had been loaned for use by the Task Force shall be returned.
5. State Assistance for Narcotics Control
Ramsey County, acting on behalf of Task Force, the Parties to this Agreement, or
the Agencies, in relation to this Agreement, shall be the grant applicant forfunding from the
Minnesota Office of Justice Programs ("OJP"), Department of Public Safety ("DPS") for
multi-jurisdictional narcotics task forces, and all other sources for this Agreement.
Task Force Board
6.1 The governing board of the Task Force shall be a Board of Directors
("Board"), to be made up of one representative from each of the following agencies:
the Ramsey County Sheriff s O�ce, the City of Saint Paul Police Department, the
City of Roseville Police Department, the Ramsey County Attorney's Office, and the
United States Attorney's Office; the Grant Coordinator for the Task Force who shall
be selected by the Ramsey County Sheriff and Saint Paul Police Department Chief;
and a fiscai representative who shall be selected by the Ramsey County Sheriff and
Saint Paul Police Department Chief. Ali Directors shail serve at the pleasure of their
appointing authorities.
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6.2 Directors shali not be deemed employees oftheTask Force and shall receive
no compensation from the Task Force for serving as directors.
6.3 The Board has final administration and policy decision-making authority for
the Task Force. Decisions shail be made by a majority of the Board.
6.4 The Board shall meet quarterly to evaluate the progress of the Task Force.
The Board shall maintain records of Task Force activities. A speciai meeting may
be called by any Director, or by a Task Force Commander.
6.5 The Board may apply for grants, approve contracts, including
agreements for the rental of real property, incur expenses and make expenditures
necessary and incidental to the effectuation of its purposes and consistent with its
powers.
6.6 The Board will develop Task Force priorities, a Task Force budget,
and Task Force operational policies and prbcedures.
6.7 The Board shall cooperate with other federal, state, and local law
enforcement agencies when appropriate and necessary to accomplish the purpose
for which the Task Force is organized.
6.8 The Board may not incur debts.
6.9 The Board shall make the Task Force's books, reports, and records open to
inspection by the Agencies at all reasonabie times.
6.10 The Board has sole authority to incur obligations and approve contracts and
take finai action on behalf of the Task Force.
6.11 The Task Force may not incur obligations or approve contracts that extend
beyond the Initial Term or Renewal Term of this Agreement orwhich will require the
expenditure of funds in excess of funds available.
6.12 Nothing herein is intended or should be construed in any manner as creating
or establishing the relationship of co-partners between the parties hereto or as
constituting one of the Agencies or Parties as the agent, representafive or emp(oyee
of any of the other Agencies or Parties for any purpose or in any manner
whatsoever.
6.13 The Board shall make a quarterly statistical report and a financial report to
the Parties on all activities conducted by the Task Force.
7. Task Force Operations
7.9 Daily operation and responsibility for carrying out the purpose of the Task
Force shail be underthe direction ofTwo Task Force Commanders, one appointed
by the St. Paul Police Chief, and one appointed by the Ramsey County Sheriff.
7.2 The Task Force Commanders will plan and coordinate case activities and
direct investigative activities based on inteiligence provided by the Agencies, with
priorities as determined by the Board.
8. Finances
East Metro Narcotics Task Fo�°�e JPA
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8.1 Task Force operations will be financed from the Task Force grant #ts�s and
drug forfeiture funds as necessary to meet the Parties' matching fund obiigations
under the terms of a�ry the grant agreement ("Task Force Funds").
8.2 Ramsey County shall serve as the Fiscal Agent for the Task Force.
8.3 Ramsey County, as Fiscal Agent, is authorized to receive all Task Force
Funds for deposit and make disbursements therefrom in accordance with standard
accounting practices and procedures. In conjunction therewith, the Ramsey County
Sheriff s Office Accounting Division shall maintain current and accurate records of
aIl obligations and expenditures of Task Force Funds.
8.4 Task Force Funds may be expended as directed by the Board and in
accordance with this Agreement. In no event shall there be an expenditure of
Task Force Funds except per the approved Task Force budget.
8.5 The Ramsey County Sheriff s Office shall make and submit to the Board a
quarterly report of the budget status of the Task Force Funds.
9. Task Force Personnel
9.1 The Agencies shall assign licensed peace officers and other personnel to the
Task Force as needed to carry out its purpose and to perform their responsibilities
under this Agreement.
9.2 Other law enforcement agencies may also assign personnel to the Task
Force.
9.3 Afl personnel assigned to the Task Force ("Task Force Personnel") shaii
remain employees of the agency assigning the personnel and shall not be
considered temporary or permanent employees of any of the other Parties or the
Task Force for any purpose whatsoever or be entitled to tenure rights or any rights
or benefits by way of workers compensation, re-employment insurance, medical and
hospita! care, sick and vacation leave, severance pay, PER,4 or any other right or
benefit of another of the Parties. The Agencies acknowledge their individuai
responsibility to provide all salary compensation and fringe benefits to their
employees while performing services on behalf of the Task Force. Benefits may
include, but are not limited to, health care, disability insurance, life insurance, re-
employment insurance, FICA, Medicare, PERA, vacation, sick leave, and unpaid
leave of absence.
9.4 Ali Task Force Personnel shail be required to comply with the rules of
conduct and operating procedures prescribed by the Task Force Commanders,
which shall be developed in consultation with the heads of the Agencies and in
recognition of the rules of their respective Agencies. The Task Force Commanders,
or their designees, shall refer disciplinary matters involving Task Force Personnei to
the person's originating agency for investigation and disposition unless, based on
the judgment of a Task Force Commander, or his/her designee, a particular matter
represents probable cause for the issuance of a criminal compiaint, in which case
the matter shall be referred directly to an externai law enforcement agency for
investigation, provided the person's agency head is notified in advance thereof.
9.5 As assigned by the Task Force Commanders, Task Force Personnei will be
responsible for drug investigation, including intelligence management, case
development, and presenting cases for charging to the appropriate prosecuting
authority. Task Force Personnel may also assist other law enforcement agencies in
surveillance and undercover operations. Task Force Personnel will work
East Metro Narcotics Task Foe•ce JPA 4
05-�5
cooperatively with assisting agencies. Task Force Personnel who are peace
o�cers and who take action in the jurisdiction of anotherjurisdiction are authorized
to exercise the powers of a peace o�cer in the other jurisdiction for purposes of
Task Force activities.
10. Advisor
The Ramsey County Attomey shall designate an Assistant Ramsey County Attomey
from the Prosecution Division to advise the Task Force. The Ramsey County Attomey's
O�ce shall provide civil fegal advice to the Task Force, as and if required.
11. Location
Task Force activities shall take place out of a central location to be agreed to by the
Agencies.
12. Forfeiture, Seizures and Fines
The Agencies are entitled to money or proceeds from the sale of forFeited property
after payment of seizure, storage, forfeiture and sale expenses and satisfaction of valid
liens against forfeited property, in accordance with Minnesota statutes on forfeiture.
Proceeds received by the Agencies from specific Task Force case forfeitures shall be used
to support the efforts of the Task Force according to the Task Force grant requirements.
The use and disbursement of these proceeds must be approved by the Board.
IN WITNESS THEREOF, the undersigned Parties, by action of their governing bodies, or
their authorized designees, have caused this Agreement to be executed in accordance
with the authority of Minnesota Statutes § 471.59.
RAMSEY COUNTY
David Twa, County Manager
Date:
Approvai recommended:
Bob Fletcher, Sheriff
Approved as to form and insurance:
Assistant County Attorney
Purchase Order or
East Metro Narcotics Task Foi�ce JPA
05-�5
Aspen Vendor Contract Number:
Funds are availabie
Acc unt Number:
Budge� ng and Accoun ' g
CITY O�SAINT PAU
\
By:
Ifs: Mayor
Date:
nt Pa,GI Police
-�y
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East Metro Narcotics Task Forc�s JPA