07-1015Council File #
RESOLUTION
OF �1INT PAUL, MINNESOTA
Presented By:
Green Sheet #
o�
3044694
19
Referred To: Committee:Date:
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached
2 Memorandum of Understanding with the United States Marshals Service (USMS) to participate in the District
3 Fugitive Task Force (DTF). A copy of said a�eement is to be kept on file and on record in the Office of
�J Financial Seroices.
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Requested by Department of:
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Adopted by Council: Date: ��������Jv�
Adoption
By:
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Date:
Secretary:
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by City Attorney:
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r�,7i�/ t�� Approve y ayo f r Submission t Council:
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By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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PD - PoticeDepazunrnt
Contact Person & Phone:
Chief John Hacsingtan
266-5588
Must Be on Council Aaen
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: Evette Scarver
Contact Phone:
Total # of Signature Pages
�PdiceDeP�e�f PoliceDeaarhuent �
�diceDeo��� I PdiceDeparhnent I
CitS Attorney C7ty Attoroev �._��
Mayor's Office � Mavor
anN i Comcil i
ry Clerk Citv Clerk I
olice De arbnent Police De arhnent
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AII Locations for Signature)
� Signatures on the attached council resoluUOn aathorizing [he City of Saint Paul, Police Deparhnent to enter into [he a[Cached
Memorandum of Understanding with the United Sta[es Marshals Service (USMS).
or
, Planning Commission I 1. Has this persoNfirm ever worketl under a contract for this department?
CIB Committee Yes No
� Civil Service Commission 2. Has this persoNfirm ever been a city employee?
, i Yes No
3. Does ihis persoNfirm possess a skill not normally possessed by any
; I wrtent city employee?
Yes No
' I Explain all yes answers on separate sheet antl attach to green sheet
Initiating Problem, Issues, Opportuniry (4Yho, What, When, Where, Why):
� The City of Saint Paul, Police Department will participate in the District FugiUve Task Force (DT� with the USMS w assist in the
' apprehension of fugitives. The USMS will reimburse the City of Saint Paul, Police Department for wer[ime hours worked.
�'� Advanqges If Approvetl:
� Opportunity to partnership witL outside agencies to apprehend fugitives.
�isadvantages If Approved:
None.
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��� DisadvanWges If Not Approved:
Lost opportunity to work with outside agencies to apprehend fugitives.
. vaa� .arnwm o� 4,n n �(' ON �'� V
Transaction: cJ¢.� 1�, �C,
Funding Source: 04000
Financial Information:
(6cplain)
Activity Number:
o�.�T-0� ; Green Sheet NO: 3044694
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Assign
Number
Foc
Rou[ing
Order
CostlRevenue Budgeted:
October 3, 2007 9:15 AM Page 1
a�-lol�
MEMORANDUM OF UNDERSTANDING
DISTRICT FUGITIVE TASK FORCE (DTF�
This Memorandum of Understanding (MOU) is entered into by the SAINT PAUL
POLTCE DEPARTMENT and the United States Mazshals Service (USMS) pursuant to
the Presidential Threat Protect�on Act of 2000 (Public L. 106-544, § 6, December 19,
2000, 114 Stat. 2718, 28 U.S.C. § 566 note). The Presidential Threat Protection Act of
2000 provides that, "the Attorney General shall, upon consultation with appropriate
Depaxtment of Justice and Department of the Treasury law enfarcement components,
establish permanent Fugitive Apprehension Task Forces consisting of Federal, State, and
locallaw enforcement authorities in designated regions of the United States, to be
directed and coordinated by the I3nited States Marshals Service, for the purpose of
locating and apprehending fugitives."
Terms and Conditions
1. Period of Performance: This MOU may be renewed annually based on written
notification from the USMS, on or about October 1 of each new fiscal year. Participaring
agencies may withdraw their participation after providing 30 days advance written notice
to the Chief Deputy or Task Force Coordinator. Subject to the availability of funds, this
MOU will be renewed annually based on written notification from the U.S. Marshals
Service.
2. Overtime Reimbursement: The USMS �' shall ❑ shall not reimburse your
organization for overtime hours. If overtime is compensated, the agency must submit
within 30 days after receipt a fully executed MOU. Reimbursement of overtime work
shall be consistent with the Fair Labor Standards Act. Overtime per law enforcement
officer is capped at no more than $15,572 per year.
Reimbursement of overtime shall be wntingent upon the submission of a proper invoice
which shall be submitted on a quarterly fiscal year basis, and which provides the names
of the investigators who incurred overtime for the District Fugitive Task Force during the
quarter; the number of overtime hours incurred; the hourly regular and overtime rates in
effect for each investigator, and the total quarterly cost. The invoice should be submitted
to the USMS Chief Deputy or District Fugitive Task Force Coordinator, who will review
the invoice, stamp and sign indicating that services were received and that the invoice is
approved for payment.
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Group supervisors are responsible for scheduling the duty hours of the personnel assigned
to their group, subject to the supervision of the Task Force Coordinator and the
availability of overtime compensation.
Agencies within the District may join the task force at any time with the consent of the
USMS and after consultation with the Task Force Advisory Committee. Agencies that
wish to join will sign a copy of the existing MOU for the District.
3. Personnel and Supervision: The DTF will consist of law enforcement and
administrative personnel from federal, state, and local law enforcennent agencies. Each
participating agency may agree to assign at least one full-time law enforcement officer to
the task force. Other law enforcement officers may assist with task force operations as
necessary.
Direction and coordination of the DTF shall be the responsibility of the USMS Task
Force Chief. Subject to the needs of the DTF, participating agencies may assign
supervisory personnel to serve as group supervisors within the task force. Each group
supervisor will be responsible for the operational supervision of a multi-agency group of
federal, state, and local law enforcement officers assigned to the task force. The current
task force, if applicable, will be integrated within the DTF to formulate a joint task force
with a greater scope of responsibility and wider area of coverage.
Administrative matters which aze internal to the participating agencies remain the
responsibility of the respective agencies. Furthermore, each agency retains responsibility
for the conduct of its personnel.
4. Task Force Advisory Committee: A Task Force Advisory Committee, consisting of
representatives of each participating agency, shall meet and confer as necessary to review
and address issues concerning the DTF.
5. Vehicles and Equipment: Any vehicles, equipment, credentials, or other items
issued to task force personnel by the U5MS shall remain the property of the USMS at all
times. Government vehicles shall be used only for official puxposes and solely for use in
the perfonnance of the task force. They shall not be used for transportation between
residence and place of employment. All vehicles and equipment must be returned to the
USMS upon termination of the task force or the departure of any task force personnel.
Any other equipment used by or assigned to task force officers will remain the property
of the agency issuing the equipment and will be retumed to that specific agency upon
terminarion of the task farce or upon agency request.
Pending the availability of funding, each participating agency agrees to furnish one
vehicle for use by the task force for each law enfarcement officer assigned to the task
force (unless a USMS owned or leased vehicle is assigned to the officer). Each agency is
responsible for the fuel, maintenance, and other expenses associated with the use of its
p'1�I01�
vehicles. Pending the availability of funds and equipment, the USMS will issue USMS
radios to each task force officer.
Each participating agency agrees to provide mobile and/or handheld radio equipment
capable of communicating on their law enforcement radio network. Pending the
availability of funds, the USMS will furnish cellulaz telephones to be used for official
DTF business.
6. Background InvesfigaHons and Special Deputation: Personnel assigned to the task
force may be required to undergo background invesfigations in order to be provided
access to USMS offices, records, and computer systems. In the event that such
background investigations are required by the USMS for state or local personnel, the
USMS shall bear the costs associated with those investigations. Non-USMS law
enforcement officers assigned to the task force will be deputized as Special Deputy U. S.
Marshals
7. Records, Reports, and Evidence: Original reports of investigation, evidence, and
other investigative materials generated, seized, or collected by the DTF shall be retained
by the agency in the DTF responsible for the case. However, evidence may be turned
over to other law enfarcement agencies as appropriate. Copies of investigative reports
and other materials may be provided to other agencies in accordance with applicable
laws, rules, and regulations. Task force statistics will be maintained in the USMS
Warrant Information Netwark (WII3). Statistics will be made auailable to any
participating agency upon request.
8. Referral and Assignment of Cases: Each partieipating agency agrees to refer cases
for investigation by the DTF. Upon receipt of a written request, the DTF inay also assist
non-participating law enforcement agencies in locating and arresting their dangerous
fugitives. Task force personnel will be assigned federal, state, and local fugitive cases for
invesrigation. Investigative teams will consist of personnel from different agencies
whenever possible. Each participating agency retains responsibility for the cases they
refer to the DTF.
9. NCIC Entries: Federal fugitive cases referred to the task force for inves6gation by
any participating agency will be entered into the National Crime Information Center
(NCIC) by the USMS or originating agency, as appropriate. State or local fugitive cases
will be entered into NCIC (and other applicable state or local lookout systems) as
appropriate by the concerned state or local agency.
10. Travel: Task farce personnel may be required to travel outside of the jurisdicrion to
which they are normally assigned in furtherance of task force business. State or local
task force officers traveling on official business at the darection of the USMS shall be
reimbursed directly by the USMS for their travel expenses in accordance with applicable
federal laws, rules, and regulations.
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11. Informants: Pending availability of funds, the USMS may provide funding for the
payment of informants. However, all payments of informants utilizing USMS funding
shall comply with USMS policies and procedures concerning confidential informants and
protected sources.
12. Use of Firearms and Deadly Force: All members of the DTF shall comply with
their agency's guidelines concerning the use of fireanns and deadly force. Copies of all
applicable firearms and deadly force policies shall be provided to the Task Force Chief
and each concemed taskforce officer.
13. News Media: Press conferences, press releases, and other statements to the media
concerning task force arrests and operations shall be coordinated among all participating
agencies.
14. Release of Liability: Each agency shall be responsible for the acts or omissions of
its personnel. Participaring agencies or officers shall not be considered as the agent of
any other participafing agency. Nothing herein is intended to waive or limit sovereign
immunity under federal or state statutory or constitutional law.
AGREED TO THIS DAY OF SEPTEMBER, 2007
State/Local Law
U.S.
Caty Attorney
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Director, Financial Services
NI�
United States Marshals Service
Mayor