Loading...
07-1205Council File # RESOLUTION � SAINT PAUL, MINNESOTA Presented By: 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, which includes an indemnifiction clause, with the United States Mazshals Service 3(USMS), District of Minnesota for participation in the East Metro Fugitive Task Force (EMFTF). A copy 4 of said ab eement is to be kept on file and on record in the Office of Financial Services. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 8enanav Bostr Harns Thune Yeas Adopted by Council: Date: r� Green Sheet # 0?-/J�' 3046470 �7 Absent B Adoption Certi ed by Oouncil Secretary: 3'� //�G��i��il�S/�/1 Approved b y r: Date: ry �LL�e f B � Appro nded by mancial Services: By: Approve y a or for Submission to Council: sy: Q:\FiscalAffai rsW O&CR�200TEASTMETROFug itiveTF.xls Requested by Department of: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b�-/�-05 PD — PoliceDepaztrnent ,�NO�-o� ! Green Sheet NO: 3046470 ConWCt Persoe & Phone: I � I Chief John Hartington 266-5588 _� Assign ' Must Be on Council Agentla by (Da[e): . Number . ' For _ _. __ ____._, Routing , Doc. Type: RESOLUTION '' Order ', E-DOCUment Requiretl: Y ' Document Contact: Evette Scarver , Contact Phone: 0 � oliceDepartment i PoliceDepar4nent � 1 Pdice Deoartment Police DeDartmeqt _`_ 2 Fioancial Services DireMOr. NSnancia Servic _ � City Attorney City AttorneY__ �_ 4 Ma �r's Office I Mavo __ ___ 5 Gouncil _ ___ __ Council _� ____ 6 �C� Cl;rk � � Ci Clerk _, ____ _ 7 2'olice Departmen[ I Police DeDa�'hnent Total # of Signature Pages �(Clip All Locations for Signature) Action Requested: Signatures on the a[tached council resolu5on authorizing [he City of Saint Paul, Police department to enter into the attached Joint Powers Agreement with the United States Marshal Service (USMS). Recommendations: Approve (A) or Re�ect (R); Personal Service Contracts Must Answer the Following �uestions: Plannmg Commission j 1. Has this persoNfirm ever worked under a contrad for this department? __ CB Committee i Yes No __� CNd Service Commission i 2. Has this persoNfirtn ever been a city employee? i 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 arxl attach to green shee[ Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): "Che Saint Paul Police Department will participate in Che East Me4o Fugitive Task Foice. Authorization is needed to enter into the attached agreement. - ---- ----------- -------- -------------- - ------ - I Advanta9eslfApproved: ����� ����� ��-�.._�- � Opportunity to partnership with outside agencies in an effoR to remove from the sVeets, state and federal fugitives, thereby increasing � public safery. j Disadvantages If Approved: None. Disadvantages If Nat Approved: I.ost opportunity to parinership with other agencies in an effort to remove from the streets, state and federal fugitives. Total Amount of Transaction: Funtling Source: Financial Intormafion: (EXplain) CosURevenue Budgetetl: Activity Number: -� ._ .-.; �°�* �� ���� �t�" �� � 2Q�7 _ ---------- ---�� JO�RIEY _J November 19, 2007 12:01 PM Page 7 � 67-�aas MEMORANDUM OF UNDERSTANDlNG EAST METRO FUGITIVE TASK FORCE This Memorandum of Understanding (MOU) is entered into by the following participating member agencies, and the United 5tates Marshals Service (USMS}, District of Minnesofa. Minnesota Department of Corrections, Fugitive Apprehension Unit Ramsey County (Minnesota) Sheriff's Office Saint Paul (Minnesota) Police Department U.S. DepartmenY of Housing and Urban Development, O�ce of Inspector General PURPOSE The purpose of this MOU is to establish a full-time fugitive task force. For purposes of the MOU, a fui�-time fugitive task force is defined as a muiti-agency apprehension effort on fugitive investigations consisting of inembers from participating agencies and the USMS, District of Minnesota, to apprehend individuals wanted on state and federal warrants. The policy, program invoivement, and direction of the EMFTF will be the joint responsibility of inember agencies and the USMS, District of Minnesota. Representatives from the participating agencies will meet and confer on matters as deemed necessary. MISSION The primary mission of the EMFTF is to pursue and arrest, in a joint coordinated manner, persons who have un-executed state and federal warrants logged against them. The intent of the joint effort wiil be to remove from the streets, state and federa� fugitives, thereby increasing public safefy. The participating agencies will determine the outstanding warrants to be worked by the EMFTF, the frequency with which apprehension teams will organize, and the duration of the mission for each apprehension team. These decisions will be made consistent with the availability of agency resources, availability of appropriate state and federal warrant case for the EMFTF, and contingency upon whether joint EMFTF effort is the most efficienY and effective method to investigate and execute the warrant. Targeted crimes will primarily include violent crimes against persons, weapons offenses, felony drug offenses and crimes committed by subjects w(�o have a history involving violent crimes, felony drug offenses, and/or weapons offenses. � l �lO v � SUPERVISION Overall supervision of the EMFTF wiil be the responsibility of the designated Supervisory Deputy U.S. Marshal (SDUSM). Under direction of the SDUSM, operational supervision of the EMFTF wiil be the responsibility of the USMS criminal investigator Deputy U.S. Marshal designated as Task Force Coordinator. The coordinator will recommend federal warrant cases to be worked by the EMFTF, confer with participating agency coordinators/supervisors concerning recommended state warrant cases to be worked by the EMFTF, ensure equal case load assignment and proper staffing of apprehension teams, and coordinate day-to-day efforts of apprehension teams. Supervision of the personnel assigned to the EMFTF apprehension team(s) will be the responsibility of the supervisors from each participating agency. Responsibility for the conduct of the task force members will remain with the respective agency heads. The local ranking coordinator/supervisor will, for administrative purposes, report directing to hislher commanding officer. The USMS task force coordinator will report directly to the Supervisory Deputy U.S. Marshal. Operational problems will be mutually addressed and resoived by the assigned coordinators, under the guidance of the operations supervisor(s}. Any prob(ems tfiat cannot 6e resolved to the mutuat satisfaction of the supervisors should be progressively raised to the next level of supervision within the respective agency. It is agreed the resolution of operational problems at the lowest level is in the best interest of the EMFTF. PERSONNEL Each participating agency agrees to provide, in a liaison capacity, at least one (1) coordinator or supervisor to recommend cases for the EMFTF. When apprehension teams are formed, each participating agency agrees to provide at least one (1) law enforcement officer/agent during operation of the apprehension team. EQUIPMENT: When apprehension teams are formed, each agency will, if possible, furnish required vehicles and radio equipment capable of transmitting and receiving messages on their local and/or state police radio network. Each agency will be responsible for the expenses incurred in the use of its respective vehicles and radios. RECORDS AND REPORTS: All EMFTF warrants, investigative and arrest reports wiil be maintained by the agency responsible for the investigation. All warrants designated for the EMFTF will be entered into the USMS Warrant Information Network (WIN) for tracking and disposition status. When any designated warrant is closed, the respective agency for such warrant shall promptly notify and advise the USMS task force coordinator of the warrant's changed status. This will enabie the WIN entry to be modified. -Z- b�-/2-b�,— APPREHENSION TEAMS Periodically, the coordinators/supervisors from all participating agencies will decide which state and federal cases should become EMFTF cases and when to activate apprehension teams. The coordinators/supervisors form participating agencies wili identify personnel to staff the apprehension team(s). Apprehension team members will be employees from the participating agencies who will be dedicated, during activation of a particular apprehension team, to the investigation and the execution of the outstanding state and federal warrant(s). Each agency wili be responsible for its own members overtime pay or compensation in accordance with each agencies policies and USMS MOU governing authorized overtime reimbursement. Apprehension team members from local, state, or county law enforcement agencies should be officers who have received a Special Deputy U.S. Marshal appointment, which will be in force only while that individual is assigned to an apprehension team and performing EMFTF duties. All cases will be jointly investigated whenever possible during activation of an apprehension team. Teams will consist of personnel from different agencies whenever possible. PROSECUTION An arrest based on a warrant wiil be prosecuted in the state or federal court that issued the warrant. When there is an arrest of a fugitive on whom there is an outstanding warrant in both the state and federal systems, a decision wiil be made on whether the (initial) prosecution of the case will be on the state or federal level. The decision will be made considering which level of prosecution best serves the overall objectives of the EMFTF. In all cases, notification will be made to the concerned prosecutor. INFORMANTS Funds for informants, relating to the execution of state and federal warrants, will be supplied by the agency that has warrant jurisdiction, according to that agencies standard procedures. USE OF FIREARMS AND DEADLY FORCE Each member of the EMFTF shall compiy with his/her agencies guidelines concerning the use of firearms and deadly force. In the event of a EMFTF-involved shooting, the incident will be investigated by the appropriate agency(s). ASSISTANCE FROM LOCAL LAW ENFORCEMENT AGENCIES: When arrest attempts are made, EMFTF personnel should consider requesting a marked unit and uniformed officer to assist them, however, they may exercise their discretion based on relevant circumstances, including the availability of the local support, time required to obtain local support, the location of the fugitive, and other operational considerations. -3- a7-iaa� HOSTAGE AND BARRICADE SITUATIONS: If there is reliable information indicating that an armed subject has made a credible threat to resist arrest with violence, and if the operational situation allows, the supervisor, coordinator, or senior task force member on scene shall call for an appropriate city, county, state or federal tactical unit. If there is credible information indicating that a subject is holding a hostage, the supervisor, coordinator, or senior task force member on scene shall also call for an appropriate city, county, state or federal tactical unit. When the tactical unit arrives, the tactical unit commander will assume command and control of the situation. NEWS MEDIA Media inquiries will be referred to the United States Marshal or designee. A press release may be issued and press conference held, upon agreement by participating agency heads. All press releases, will exclusively make reference to the EMFTF. RELEASE OF LIABILITY Each agency shall be responsible for the acts or omissions of its employees. Participating agencies or their employees shall not be considered as the agents of any other participating agency. Nothing herein waives or limits sovereign immunity under federal or state statutory or constitutional law. The participating agencies agree to hold harmless the United States from any c�aim, cause of action, or judgment resulting from the negligent acts of their employees DURATION This MOU is intended to be indefinite. Agencies may withdraw their participation at any time after a thirty (30) day written notice to all parties signing this document. Each member agency head will sign the last page of this document along with the United States Marshal/designee, District of Minnesota and the United States Attorney, District of Minnesota. � This Memorandum of Understanding, consisting of five (5) pages, is ageed to by all signed parties on the date set opposite their signatures. b7-1�-05 UNITED STATES MARSHALS SERVICE Dated: Be ' es, United States MarshaL' Distnct f Minnesota � r' ''�� � . Dated: � ,� � �' . Dated: Dated: Dated: r� i' UNITED STATES District of P MINNESOTA DEP. Dennis L Benson, CORRECTIONS RAMSEY COUNTY SH`ERIFF'S OFFICE Robert Fletcher, Sheriff,�'". : .\ .-- ` ,`_-- "` ... ST. PAUL POLICE DEPAI John Harr�neton, Chief States Attomey ta GENERAL APPROVED TO Dated: - � Dated: j � Barry McLaughlin, Specia // CITY OE.SA�T PAUL � CiYy Attomey ! �. ,-' Director; �iriancial Seivice 1 , -5- � , Agent-in Charge