06-452Council File #
Presented By:
Referred To:
RESOLUTION
OF SAINT PAUL, MINNESOTA
Green Sheet #
- b oL
3030392
a�
Committee:Date:
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
2 Joint Powers Agreement witL The Bureau of Alcohol, Tobacco, Firearms and Explosives (AFT) to
3 create the AFT/SPPD Task Force. A copy of said agreement is to be kept on file and on record in
4 the Office of Financial Services.
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Adopted by Council: Date: m�,� ��� a QQ1�
Adoption Certified by C�o cil Secretary:
BY' � /�.a.� �/� �iz_
.
Approved b�: zte:
By:
Appro b ayor for Sub ission to Council:
sy:
Q:\FiscalWO&CR�2006W.FT SPPD Task Force.cr2006x1s
Requested by Department of:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Department/office/council: Date Initiated: v �
{�D — PoliceDepaztment „_,�R-06 Green Sheet NO: 3030392
Cordact Person 8 Phone- Deoartment Sent To Person � Initial/Date
Chief John Hamngton � 0 olice e a nt P li e De artmen
2665588 q�ign I olice De artment De artment Direct r
Must Be on Council qqenda by (Date): Number 2 • p orn i Attome �._
For
Routing 3 or's Office Ma or/Assistant
Ord¢f 4 oun '1 Councd
5 i erk Ci Clerk
6 Iice e artmen P li e De rtm n
Total # of Signature Pages (Clip AII Locations for Signature)
Action Requested:
Signatures requested on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the
attached Joint Powers Agreement with The Bureau of Alcohol, Tobacco, Fiream�s and Explosives (ATF).
i Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following 4uestions:
Pianning Commission 1. Has this personlfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission , 2. Has this personffirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
cuvent cify employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why):
The Saint Pau] Police Department (SPPD) along with the ATF will form the "ATF/SPPD Task Force." The SPPD will assist the AT'F in
investigating Federal' firearms violations and ATF will assist SPPD in investigating State firearms violations and dmg offenses(violent
crimes involving the use of firearms. For more information regazding this council resolution please give Amy Brown a call at 651-266-
5507.
Ativantages If Approved:
The agencies working together will be more efficently and effectively able to enforce, investigate and prosecute fueaans and drug
offenses.
RECEfVED
DisadvantapeslfApproved: MAY q 20�6 �
!�
None. �- d�i'� � }. �i��d
MAYOR'S OFFICE ���-�, ��--������
Disadvantages If Not Approved:
The agencies will be unable to form the ATF/SPPD Task Force to jointly combat firearms and drug offenses.
Total Amount of CostlRevenue�B�udgeted: i �� p���
Trensaction: .'. g
Fundinq Source: See Agreement Activitv Number: � 1 �
Financial Information: , „„ {`.�ea�r � ��� � 1 ����
. � (Explain) . . � �� 4 �, 99"5i\9��€
MA� '� � 2006
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MEMORANDUM OF LTNDER5TANDING/JOINT POWERS AGREEMENT
BETWEEN
THE BUREAi3 OF ALCOHOL, TOBACCO, F`iREARMS AND EXPLOSIVES
AND
THE ST. PAUL POLICE DEPARTMENT
Puroose
1. This Memarandunn of Undezstanding/Joint Powers Agreement ("MOU/AgreemenY')
document sets forth the understanding between the United States Department of Justice, Bureau
of Alcohol, Tobacco, Fireanns and Explosives ("ATF"), a federal agency and the City of St. Paul
(Minnesota) Police Department ("SPPD"), political subdivisions within the State of Minnesota,
with respect to a joint cooperarive law enforcement effort. This MOU/Agreement is not intended
as a formal contract but rather as an expression of understanding to facilitate cooperation on
investigations as detailed below.
Name of Task Force
2. The nanne o£ this joint cooperarive operation is the ATF and St. Paul Police Depaxtment Task
Force ("ATF/SPPD Task Force"). The agencies participaring in this ATF/SPPD Task Force
MOU/Agreement shall hereinafter be referred to as the "Participants."
Authori
3. This MOU/Agreement is established pursuant to the Participants' authority to investigate
criminal activities involving fireazms, illegal drugs and other violent offenses. ATF authority is
derived from 28 C.P.R. § 0.130 (related to the general functions of ATF) and 18 U.S.C. Chapter
44 (related to fireanns), 26 U.S.C. Chapter 53 (related to certain firearms and destrucrive
devices). The SPPD is empowered to enter into joint powers agreements pursuant to Minnesota
Statutes, 471.59, Subdivision 10, to provide services or functions which it is authorized to
provide for itself.
SPPD officers assigned to the ATF/SPPD Task Force who are deputized by a Federal agency
other than ATF inay possess Federal law enforcement authority as specified by the agency
affording deputation.
Duration of MOU/Aareement
4. This MOU/Agreement will be effective on the date it is executed by all Participants. It will
confinue in force for three years from the execution date or un61 terminated by either Participant
or by mutual agreement of the Participants. Either Participant to this MOU/Agreement may
terminate the MOUTAgreement by giving ten days written notice of such termination to the other
Participant. All notices to ATF under this MOU/Agreement shall be delivered to the Special
Agent in Charge ("SAC") of ATF, St. Paul Field Division, St. Pau1. Minnesota. All notices under
this MOU/Agreement shall be delivered to the Chief of Police ("Chief) of the St. Paul Police
Department, St. Paul, Minnesota.
General Terms
5. The Participants shall establish and operate a yoint task force for the purpose of investigating
firearms violations and drug offenseslviolent crimes involving firearms within the city limits of
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the City of St. Paul, Miunesota. It is the intenfion of the Participants that the SPPD will assist
ATF in invesrigating Federal fireazms violations and that ATF will assist SPPD in investigating
State firearms violations and drug offenses/violent crunes involving the use of firearxns.
Chain of Command
6. ATF shall be the lead agency. SPPD wiil provide not more than one (1) sergeant to participate
in the ATF/SPPD Task �'orce.
The SAC of the St. Paul Field Division of ATF shall be ATF's coordinator for the ATF/SPPD
Task Porce. The Chief of SPPA shall be SPPD's coordinator for same. T'hese coordinators or
their designees shall have overall responsibility for policies and guidelines afFecting the
operations of the task force. Members of the ATF/SPPD Task Force will continue to operate
within their normal chain of command, and be responsible to their own agency or department,
while assigned to the ATF/SPPD Task Force.
Operations
7. ATFlSPPD Task Force coordinators or their desi�ees will be prnnarily responsible for
opening, assigning, direcfing, monitoring, and closing Task Force investigations. Each
Participant agrees to take no unilateral acfion with respect to Task Force operations, as this
would not be in the best interest of this cooperative effort.
E�c uipment
8. Except as provided below, it is not anticipated that ATF will use vehicies or other equipment
of SPPD ar that SPPD will use vehicles or other equipment of ATF in furtherance of the
purposes of the ATF/SPPD Task Force. ATF inay (at a later date) provide two vehicles for use by
SPPD officers assigned to the ATF/SPPD Task Force. Said vehicles will be subject to a separate
vehicle use agreement. Additionaily, as circumstances may require and with specific
authorization, officers or agents of one Participant may use vehicles or other equipment of the
other Participant. Ail use of vehicles and equipment shall be exclusively for official ATF/SPPD
Task Force purposes such as surveillance, investigation, undercover operations and other
ATF/SPPD Task Force purposes. Said use of vehicles and other equipment shall not be for
personal purposes or for duties outside the ATF/SPPD Task Force.
Funding
9. Each Participant will provide for the salary, over-fime, withholding, insurance coverage and
other obligations relating to wages and benefits that may be due and coming to their own
employees assigned to ATF/SPPD Task Force. Any future agreement for ATF to provide funding
for SPPD officers assigned to the ATF/SPPD Task Force (salary, overtime, etc.) shall be by
separate agreement or memorandum of understanding between the Participants and sha11 be
subject to the availability of funds for such purpose and such other requirements, as shall be
agreed upon by the Participants or required by law. Ali other administra6ve costs and
operational expenses will be paid as agreed between the Participants.
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Liabili
10. T'he Participants shall be responsible for the negligent or wrongful acts or omissions of their
respecrive employees.
Federal and State Prosecurions and Forfeitures
12. The Participants, in conjunction with the appropriate federai and state prosecuting authority,
shall detemune whether ATF/SPPD Task Force cases will be prosecuted Federally or by the
State of Miimesota.
The Participants, in conjunction with the appropriate Federal and state prosecuring authority,
shall also determine whether ATF/SPPD Task Force forfeitures will be pursued under Federal or
Minnesota law. The Participants agree that, to the extent permissible by the applicable laws,
there shall be an equitable sharing (50% of the assets or proceeds to ATF and 50% of the assets
or proceeds to SPPD).
13. Participants shall make their agents and officers available to testify and otherwise assist as
needed in the prosecution of any Federal andJor state criminal prosecutions that arise from the
ATF/SPPD Task Force investigations and operations.
Informants
14. Informants developed by agents and officers engaged in ATF/SPPD Task Force operations
and investigations may be registered as informants of either Participant or of both Participants for
administrafive purposes and handling, as may be mutually agreed upon by the Participants. The
policies and procedures of the registering Participant will apply to the informants it registers. In
addition, it will be incuxnbent upon the registering Participant to maintain a file with respect to
the performance of all confidential informants it registers. All infonmation obtained from
ATF/SPPD Task Force informants will be shazed with both Participants.
15. The registering Participant will pay all reasonable and necessary informant expenses incurred
pursuant to ATF/SPPD Task Force operarions and investigations. Therefore, ATF shall be
responsible for paying informant expenses reiating to informants it registers and SPPD shall be
responsible for paying/ informant expenses relating to informants it registers. In instances of joint
registration, either ATF or SPPD may be responsible for paying informant expenses, as may be
agreed upon by the Participants.
Media Relations
16. Media releases pertaining to ATF/SPPD Task Force investigations and operations will be
coordinated and made jointly by the Participants. Neither Participant shall make a unilateral press
release without prior approval of the other Participant.
Modification of Agreement:
17. The terms of this MOU/Agreement may be amended, modified, or; revised by agreement of
the Participants. All amend�nents, modifications, and revisions shall be in writing.
18. This MOUlAgreement is an ageement between ATF and the SPPD and does not confer any
right or benefit to any private person or party, private or public.
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19. This MOU/Agreement is hereby accepted as setting forth the general intentions and
understandings of the undersigned officials for their respective agencies.
Bernard J. Zapor
Special Agent in Charge
Bureau of Alcohol, To}>a
/ '
Date
�E�p�astu�\ ,
John M. Harringt�a_-= ' �_
Chief of Police i
City of St. Paul, Minnesota Police Department
Assistant Ciry
Ditector of OFS
E
Date
Mayor Date