Loading...
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. 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Requested by Department of: � Adopted by Council: Date: ��������Jv� Adoption By: B Date: Secretary: � by City Attorney: i�� r�,7i�/ t�� Approve y ayo f r Submission t Council: /� �' By: Q:\FiscalAffairsW O&CR�200TUnitetlStatesMarshalsServiceOT.zis � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �-IaIS 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 0 I 2 3 4 5 6 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. �� �.. x s.0 , y � y Y`9. �'' y' � � � �S�' �� 4� �,� � ��" f �: �, ���� r�������� ��� 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 � 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. a�-�o�� 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. ��-ror� 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 � Director, Financial Services NI� United States Marshals Service Mayor