06-84Council File #
Presented By:
Referred To:
Green Sheet #
Committee:Date:
1 WI3EREAS, the Ciry of Saint Paul, Police Department, wishes to participate in the Metro Gang
2 Strike Force; and
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WHEREAS, this joint powers agreement creates the new MeRO Gang Strike Force, which is made
up of several metro area law enforcement agencies who will join in this agreement; and
WHEREAS, each participating law enforcement agency will provide officers to participate; and
WHEREAS, the Saint Paul Police Department has participated in this strike force for a long time and was
found that such participation benefits the city. Our Saint Paul Police officers work with officers from other
agencies in the strike force to address criminal gang issues throughout the metro area.
WHEREAS, addressing gang issues is rightly a high priority for the police department and the
City of Saint Paul, so participating in the strike force is good public policy for Saint Paul; and
BE IT RESOLVED, that the City Council authorizes participation of the Saint Paul Police Department in
the Metro Gang Shike Force and authorizes the city to enter into the attached joint powers agreement.
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Requested by Department of:
Adopted by Council: Date: ��,�� ��/�
AdopSon C�ertified by ` Council Secretary:
BY� // ///�Gi /f/ic�ls�/sr�
Approved by M� r: Date: �l �( �
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RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
o�—�y
3029157
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Approve y ay r for Submissio to Council:
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Departmentloffice/council: Date InHiated:
pD — rosce�a,rmeoc 21-DEG05 Green Sheet NO: 3029157
Conpct Person & Phone: Deoartmerh Sent To Person Initial/Date
Chief John Harrington � 0 lice D t P li De a n
2665588 p��yn I o6ceDe artme t De arimentDir Mor �
Must Be on COUncil qgenda by (Date): Number 2 nancial rvi Fnan ' 1 Servi
For
Routing 3 i Attom Ci Attome ��
Order 4 or's e s or/ ist nt
5 ouncil Ci Council
6 i Clerk Ci le k
7 olice De artme t Police De a ent
Total !k of Signature Pages �(Clip All Locations for Signature)
Action Requested:
Signature on the attached council resoluuon authorizing the City of Saint Paul, Police Department, to enter into the attached joint
powers ageement.
Recommendations: Approve (A) or Reject (R): � Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this personffirtn ever worked under a contract for this department?
q6 Committee Yes No �
Civil Service Commission 2. Has this personlfirm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
, cuvent city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why):
The City of Saint Paul Police Department will be a part of the new created Metro Gang Strike Force (along with other law enforcement
' agencies) the Metro Gang Strike will coordinate efforts to prevent gang activity, and investigate, apprehend, and prosecute individuals
engaged in crimes defined as gang related or crimes committed for the benefit of a gang. For more information regarding this council
resolution please give Cdr Richard Gazdell a call at 651-266-5959.
AdvantageslfApproved:
Partnership with other law enforcement agencies to combat the rising gang issues.
Disadvanta9eslfApproved:
None.
Disadvanta9es If Not Approved:
Lost oppo�hmity to partnership with other agencies and serve and protect the public from gangs and crime related to gangs.
Total Amount of CosURevenue Budgeted: ������
Transaction: � '� ! �
FundingSource: rJ/A ActivityNUmber:
,--.
Financiallnformation: J�i� �. 3 Z��a
(ExPlain) �d� { b P4 @ ���'jjV� 7
C? l� -g�i
JOINT ROWERS AGREEMEN�" CREATING
THE METRO GANG STRIKE FORCE
This is an agreement between the political sub-divisions and municipalities referenced in Appendix
A. and (hereinafter collecrively referred to as"the Parties'�.
WHEREAS, The Parties each have law enfarcement agencies (hereinafter collecrively referred to as
"the Agencies") with police powers within their respective jurisdictions and these Agencies aze
responsible for the enforcement of all laws dealing with gang or related criminal violations in their
respecrive jurisdictions; and
WHEREAS, The Parties, through their Agencies, wish to form a joint strike force for the purpose of
more efficiently and effecrively enforcing laws dealing with any and all crimes committed by gangs
or for the benefit of gangs by invesrigating and prosecuting such criminal activity, especially
felonies that have the likelihood of being related to gang crime; and;
NOW THEREFORE, Pursuant to the authority contained in Minnesota Statutes §471.59, commonly
known as the Joint Powers Act, and §299A.641 subd.3, and in consideration of the mutual
covenants herein contained and the benefits that each party shall derive hereby, the Parties agree as
follows:
1. P[7RPOSE OF THE AGREEMEl�T
The purpose of this agreement is to establish the Metro Gang Strike Force as an organization
to coordinate efforts to prevent gang acrivity and investigate, apprehend and prosecute those
individuals engaged in such crimes which could be defined as gang related or crimes
committed far the benefit of a gang and to define the rights and obligations of the Parties
with respect to the duties and activities performed by the Metro Gang Strike Force
throughout the term of the agreement.
2. METRO GANG STRIKE FORCE
The Metro Gang Strike Force (hereinafter "MGSF") is hereby established by the Parties to
coordinate efforts to prevent gang acrivity; and investigate, apprehend and prosecute those
individuals engaged in such crimes which could be defined as gang related or crimes
committed for the benefit of a gang. Other cities, counties, and public entities may apply for
membership in the MGSF by formal application to the Gang and Drug Oversight Council
(described herein) and the Commissioner of Public Safety. Submission of an application
constitutes agreement by the applicant to all provisions set forth in this agreement and the
recommendation of at least one fulltime licensed peace officer to the MGSF. Participation
in the MCTSF must be recommended by the Csang and Drug Oversight Council and approved
by the Commissioner of Public Safety.
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.
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4. TERM OF AGREEMENT/TERMINATION
4.1 The Inirial Term of this Agreement shall be for a 12 month and three day period
from December 29, 2005 through December 31, 2006.
4.2 '1`his Agreement shall automatically renew each year ("Renewal Term") for up to
five years unless the MGSF Advisory Boazd and the Gang and Drug Oversight
Council determine adequate funding is not provided by the Minnesota Legislature
and/or the Parties to this Agreement. Norice of inadequate funding must be provided
to the Parties at least sixty (60) days prior to termination of this agreement. This
Agreement will not automatically renew if a majority of the then-current members
give written notice to the other Parties of tneir intent to not renew at least sixty (60)
days prior to the end of the then-current Inirial Term or any Renewal Term.
43 A member may withdraw, within the terms of this agreement, upon sixty (60) days
notice to the other Parties.
4.4 Upon withdrawal of a Party, all property of the withdrawing Party shall be returned.
A withdrawing Party shall have no claim to any property or assets owned ar held by
the MGSF.
4.5 In the event that the MGSF is dissolved, all property owned by the MGSF shall be
distributed to the Agencies currently participating in the MGSF. The MGSF Board
will determine the distribution of property on a pro-rated basis, based upon the
length of participarion of Agencies and the number of Agency officers assigned to
the MGSF. Property of the Agencies or the Parties that had been loaned for use by
the MGSF shall be retumed to the contributor.
5. MGSF GOVERNING BOARDS
5.1 The Gang and Drug Oversight Council, as established by the act of the 2005
Minnesota Legislature (Minnesota Statute §299A.641), will approve an overall
budget for the Metro Gang Strike Force and provide strategic guidance related to the
investigation and prosecution of crimes committed by a gang or for the benefit of a
gang by the MGSF. Authority, composition and duties of the Gang and Drug
Oversight Council is established and defined in Minnesota Statutes §299A.641.
5.2 An Advisory Boazd (hereinafter `Boazd"l, consisting of the Chief Law Enforcement
Officer, or their designee, of each participating Agency will be established to select
and supervise the Metro Commander, approve the selection of participaring officers,
set the priorities for the work of the MGSF and approve all expenditures of the Metro
Gang Strike Force. The Board will develop By-laws to address Board operations
and specific policies and procedures unique to the MGSF.
5.3 The Board will elect a chair and vice chair from among its members.
5.4 Each agency on the board will have one vote. A simple majority will rule. In the
event of a tie vote, the vote of the chair will control.
Metro GSF Final - 2- 12/08/2005
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5.5 The Boazd shall convene on, at minimum, a quarterly basis to review the operations,
progam business, and status of program goals of the MGSF. The Board has the
authority to meet more often if the chair determines it is appropriate.
6. MGSF OPERATIONS
6.1 Daily operation and responsibility for carrying out the operations of the MGSF shall
be under the duecrion and command of the Metro Commander. The Metro
Commander will work in cooperation with the Statewide Coordinator.
6.2 The Board will select the Metro Commander and the Metro Commander serves at the
pleasure of the Boazd. The Commander will be expected to provide effective
]eadership and administrative coordination; direct officer assignments; oversee field
operations, foster communication and cooperation with other law enforcement
agencies in and outside the geographic region; and identify and facilitate necessary
training for MGSF officers.
63 The Metro Commander will plan and coordinate case activities and direct
investigative activities of the MGSF based on intelligence provided by the Agencies,
with priorities as determined by the Advisory Board acting in concert with the
strategy, policies and guidance established by the Gang and Drug Oversight Council.
6.4 To protect the integrity of investigations and to ensure that the goals, operations and
objectives of the MGSF are properly represented; requests for information by the
media will be handled by the Metro Commander or their specific designee in
accordance with a media policy established by the Boazd.
F'[JNDING
7.1 MGSF operational requirements, to include sworn personnel and necessary
equipment, will be funded first, to the extent possible, by grants as authorized by the
Commissioner of Public Safety upon recommendation of the Gang and Drug
Oversight Council, and by any other funding sources recognized by state statute or
received by any of the members or Agencies on behalf of the MGSF.
7.2 All assets received through seizure, forfeiture, restitution or fines that are derived
from the operation of the MGSF will remain the property of the Strike Force and will
be used for the furtherance of MGSF efforts. In cases where the MGSF cooperates
with another jurisdiction, such as another task force or local state or federal agency,
the Metro Commander and representatives of other agencies will negotiate a split
based upon the amount of effort expended in the invesrigation and will document
their agreement. In the case of federal forfeiture actions, established federal rules
shall be followed. Policies regarding the collection, reporting, use and disbursement
of all MGSF assets referenced above, will be dictated by the Board subject to
compliance with applicable laws.
73 Participating agencies agree to individually assume any of their remaining Agency
funding deficits incurred by the assignment of their Agency personnel or equipment
to the MGSF, provided that nothing herein precludes any Agency from contributing
funds, equipment, or in-kind services in excess of that necessazy to fund its own
Metro GSF Final - 3- 12/08/2005
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deficit. Crrants funds allocated to each Agency may be used to cover salary,
overtune and vehicle costs.
7.4 The Advisory Board shall select a fiscal agent. The Fiscal Agent shall be chazged
with the responsibility of serving as the depository for MGSF funds, procuring and
paying for budgeted services and supplies, as approved by the Metro Gang Strike
Force Advisory Boazd, keeping all financial records and filing required reports in
connection with grant funding. The Fiscal Agent shall be responsible for strict
accountability of all MGSF funds, and for the reporting of all receipts and
disbursements. The Boazd shall receive a quarterly financial report of all receipts
and expenditures and current fund balances from the Fiscal Agent. In addition, the
books, records and reports shall be open to inspection by the Agencies at all
reasonable times.
8. MGSF PERSONNEL
8.1 The Parties sha11 recommend licensed peace officers or qualified federal law
enforcement officers, as appiopriate, and other pezsonnel to the MGSF as agreed
upon to carry out its putpose and to perform its responsibilities under this
Agreement. Officers must be approved by the Board.
8.2 All personnel assigned to the MGSF ("MGSF Personnel") shall 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 MGSF far any purpose
whatsoever or be entitled to tenure rights or any rights or benefits by way of workers
compensation, re-employment insurance, medical and hospital care, sick and
vacation leaue, severance pay, PERA or any other right or benefit of another of the
Parties. The Parties acknowledge their individual responsibility to provide all salary
compensation and fringe benefits to their employees while performing services on
behalf of the MGSF. 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 absences.
8.3 Parties assigning peace officers as MGSF Personnel must provide each peace officer
with a vehicle and equipment necessary to perform required police functions.
8.4 As directed by the Metro Commander, MGSF Personnel will be responsible for gang
or gang-related prevention activities; directed patrol; and investigations; including
intelligence management, case development, and the presenting of cases for
charging to the appropriate prosecuting authority. MGSF Personnel may also assist
other law enforcement agencies in surveillance and undercover operarions. MGSF
Personnel will wark cooperatively with assisting agencies.
S.5 As authorized by Minnesota Statute §299A.641 subd. 6, law enforcement officer�
participating in the MGSF haue statewide jurisdiction to conduct criminal
investigations and have the same powers of arrest as those possessed by a sheriff.
8.6 All MGSF Personnel shall follow rules of conduct and operational guidance
developed by the Gang and Drug Oversight Council and any policies and procedures
MeRo GSF Final - 4- 12/08/2005
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adopted by the Board. Where Agency rules, regulations and policies of the Parties
conflict with those established by the MGSF, the Boazd will be notified and a
resolution will be negoriated between the MGSF and the affected Agency.
8.7 The Metro Commander or a designee sha11 refer disciplinary matters involving
MGSF Personnel to the person's originating agency for investigation and disposition
unless, based on the judgment of the Metro Commander, or his/her designee, a
particular matter represents probable cause for the issuance of a criminal complaint,
in which case the matter shall be referred direcfly to an extemal law enforcement
agency for investigation, provided the person's agency head is notified in advance
thereof. The Metro Commander may exclude contributed members from further
involvement in the MGSF subject to review by the Board and approval of the
contributing agency.
9. LOCATION
MGSF activities shall take place out of a central location to be agreed to by the Agencies
and with the concurrence of the Gang and Drug Oversight Council.
10. ADVISOR
The Board shall designate an attorney to advise the Boazd and provide civil legal advice to
the MGSF, as and if required.
11. DISPU`I`E RESOLUT'ION
Disputes between MGSF personnel that cannot be resolved among MGSF Personnel shall be
referred to the Metro Commander, whose decision shall be final.
12. INSURANCE
12.1 Liability coverage. MGSF will maintain liability coverage with the League of
Minnesota Cities Insurance Trust (LMCI'1� with a limit of aY least $1,000,000 per
occurrence, under standard LMCIT liability coverage forms.
Alternately, MGSF inay maintain equivalent private liability insurance coverage. Such
coverage may be provided through sepazate policies for commercial general liability (CGL),
public officials' enors and omissions, and law enforcement liability. All liability insurance
policies must comply with the following requirements:
• Each policy shall have a limit of at least $1 million per occurrence. If the policy contains
a general aggregate limit, the general aggregate limit shalJ be not less than $2,000,000.
• The CGL insurance shall cover liability arising from premises, operations, independent
contractors, products-completed operations, personal injury and advertising injury, and
contractually-assumed liability.
• Each Party, and each Party's officers, employees, and volunteers, shall be named as
additional covered parties on each policy.
12.2 Auto coverage. MGSF sha11 maintain automobile liability coverage with a limit of not
less than $1,000,000 each accident. If such insurance contains a general aggregate limit,
the general aggregate limit shall be not less than $2,000,000. The insurance shall cover
liability arising out of any auto, including owned, hired, and non-owned autos. Each
Meh GSF Final - 5- 12/08/2005
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Pariy, and each Party's officers, employees, and volunteers, shall be named as additional
covered parties on the policy.
123 Property coverage. MGSF will maintain all risk property coverage for fixll replacement
value on property owned by MSGF. The insurer shall waive subrogation against any
Party.
12.4 Workers compensation. If MGSF at any time hires employees, MGSF will immediately
acquire and maintain workers compensation coverage.
13. INDENINIFICATION AND WAIVER
13.1 MGSF waives any claim against any Party £or damage to MGSF's property or injury o
MGSF's zmployees, even if that damage or injury was caused by the negligence of the
Party or the Party's officers, employees, or volunteers.
Each Party waives any claim against MGSF or against any other Party for damage to
the Party's property or injury to the Party's employees, even if that damage or injury
was caused by the negligence of the other Party or the Party's officers, employees, or
volunteers.
13.2 MGSF will defend and indemnify any Party against any claims brought or actions filed
against the Party or their respective officers, employees, or volunteers, for injury to,
death of, or damage to the property of any other person or persons, arising from
decisions of the MGSF Board or from any operations for which MGSF is responsible.
Any Party, officer, employee ar volunteer subject to such claim sha11 provide complete
disclosure and cooperation in the defense of the claim.
133 In the event that the totalliability of the MGSF, its Parties, and their officers, employees,
and volunteers for claims arising from the activifies of the Task Force should exceed the
coverage limit or in the event of liability that is not covered by the MGSF's coverage,
the parties agree to share that excess or uncovered liability equally; but this does not
include the liability of any individual officer, employee, or volunteer which arises from
his or her own malfeasance, willful neglect of duty, or bad faith.
Nothing in this agreement sha11 be construed as a waiver by the MGSF or by any Party
of any applicable liability limit, immunity, or defense. This expressly includes the
provisions of Minnesota Statutes Chapter 466 and any other applicable state or federal
statute or case law
It is understood and agreed that each Party's liability shall be limited by the provisions
of Minnesota Statute Ch. 466 (Tort Liability, Political Subdivisions) or other applicable
law. In the event of any claims or actions filed against the MGSF and/or any individual
Party for any operarions for which the MGSF is responsible, nothing in this agreement
shall be construed to a11ow a claimant to obtain separate judgments or separate statutory
liability caps from the MGSF and/or individual Parties. The MGSF is intended as a
separate liability enrity which limits the liability of individual Parties.
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14. NOTICE
Any notice to be given under the terms of this Agreement shall be made by personal
delivery or by first class mail to the Chief Law Enforcement Officer of each participating
agency.
15. EFFECTIVE DATE
This Joint Powers Agreement will become effective upon the date of execution of a
participating Agency by their duly authorized official, but in no event prior to December 29,
2005.
16. ADDITION AND REMOVAL OF PARTIES LISTED IN APPENDIX A
Appendix A to this Agreement lists the Parties and contains signatures of representarives of
each Party. Appendix A may be amended by the Board, upon recommendation of the Gang
and Drug Oversight Council and approval of the Commissioner of Public Safety, without
addirional signatures by representafives of the Parties. Amendments to Appendix A may be
made only to add additional parties or remove withdrawing parties.
IN WITNESS THEREOF, the parties listed in Appendix A to this Agreement, by action of their
governing bodies, or their authorized designees, have caused this Agreement to be executed in
accordance with the authority of Minnesota Statute §471.59.
Metro GSF Final - 7- 12/08/2005
•. .
JOINT POWERS AGREEMENT CREATING
THE METRO GANG STRIKE FORCE
Appendig A
Participafing Parties:
City of Brooklyn Park
City of Golden Valley
City of Minneapolis
City of St. Paul
City of West St. Paul
Dakota County
Hennepin County
Ramsey County
Washington County
Metropolitan Council
�. :
JOINT POWERS AGREEMENT CREATING
THE METRO GANG STRIKE FORCE
Appendig A
IN WITNESS THEREOF, the City of St. Paul by acrion of their governing bodies, or
their authorized designees, have caused this Agreement to be executed in accordance
with the authority of Minnesota Statute §471.59.
City of St. Paul
r, :
JOINT POWERS AGREEMENT CREATING
THE METRO GANG STRIKE FORCE
Appendix A
IN WIT'NESS THEREOF, the City of Brooklyn Pazk, by action of their governing
bodies, or their authorized designees, have caused this Agreement to be executed in
accordance with the authority of Minnesota Statute §471.59.
City of Brooklyn Park
U�o-�`
JOINT POWERS AGREEMENT CREATING
THE METRO GANG STRIKE FORCE
Appendix A
IN WITNESS THEREOF, the City of Minneapolis, by ac6on of their governing bodies,
or their authorized designees, have caused this Agreement to be executed in accordance
with the authority of Minnesota Statute §471.59.
City of Minneapolis
ob-sy
JOINT POWERS AGREEMENT CREATING
THE METRO GANG STRIKE FORCE
Appendix A
IN WITNESS THEREOF, the City of West St. Paul by action of their governing bodies,
or their authorized designees, have caused this Agreement to be executed in accordance
with the authority of Minnesota Statute §471.59.
City of West St. Paul
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JOINT POWERS AGREEMENT CREATING
TI3E METRO GANG STRIKE FORCE
Appendig A
IN WITNESS THEREOF, Dakota County by action of their goveming bodies, or their
authorized designees, have caused this Agreement to be executed 'an accordance with the
authority of Minnesota Statute §471.59.
Dakota County
6�0���7
JOINT POWERS AGREEMENT CREATING
THE METRO GANG STRIKE FORCE
Appendig A
IN WI'I`NESS THEREOF, Hennepin County by acrion of their goveming bodies, or their
authorized designees, have caused this Agreement to be executed in accordance with the
authority of Minnesota Statute §471.59.
Hennepin County
I. :
JOINT POWERS AGREEMENT CREATING
THE METRO GANG STRIKE FORCE
Appendix A
IN WITNESS THEREOF, Ramsey County by action of their governing bodies, or their
authorized designees, have caused this Agreement to be executed in accordance with the
authority of Minnesota Statute §471.59.
Ramsey CounTy
� I I �
JOINT POWERS AGREEMENT CREATING
THE METRO GANG STRIKE FORCE
Appendix A
IN WITNESS THEREOF, Washington County by action of their governing bodies, or
their authorized designees, have caused this Agreement to be executed in accordance
with the authority of Minnesota Statute §471.59.
Washington County