08-1315Council File # �p � ��j ��
Green Sheet #3063416
Presented by
RESOLUTION l'
OF SAINT PAUL, MINNESOTA
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached Joint Powers Agreement
2 with the United States Marshals Service (USMS) to participate in the District Fugitive Task Force (DTF). A copy of said
3 aa eement is to be kept on file and on record in the Office of Financial Services.
Yeas Nays Absent Req sted by
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by the Office of Financial Services
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Adopted by Council: Date ia/3/DL� Approved May r Su ssion a C ^ il /)
Adoption Certified by Council Secretary By: `��—� �
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Approv�d y Date � / �
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, Depar6nenU0ffice/Couneii: I Date Initia[ed: �
; Pp _Po���oe P a�,e�t �,�NO�-0$ j Green Sheet NO: 3063416
� ConWct Person & Phone:
' ChiefJohn Harrinqton
266-5588
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Routing 4
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Must Be on Council Agenda by (Date):
��� Doa 7ype: RESOLUTtON
� E-Document Required: Y
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Document Contact: Evette Scarver
'I ConqctPhone: 2665541
Total # of Signature Pages 1 (Clip All Locations for Signature)
Action Requested:
Signatures on the attached council iesolurion authorizing the City of Saint Paul, Police Department, to enter into the attached 7oint
Powers Agreement with the United States Marshals Service (USMS).
Recommendations: Approve (A) or Reject (R):
Pla��i�g Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Mswer the Following Questions:
1. Has thls persoNfirtn ever worked under a contract for this department?
Yes No
2. Has this personlfirtn ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Probtem, Issues, Opportunity (Who, What, When, Where, Why):
The Ciry of Saint Paul, Police Department will participate in the District Fugitive Task Force (D1'F) with the USMS to assist in the
apptehension of fugitives. The USMS will xeirubursement the City of Saint Paul, Police Depachnent for overtime houes worked.
Advantages If Approved:
Opporiunity to partnerslrip with outside agencies to apprehend fugitives.
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Disadvanqges If Approved:
None.
DisadvanWges If NotApproved:
Lost opportunity to partnership with outside agencies to apprehend fugitives.
1 1 C y y � � { „—�
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Total Amount of
Transaction: CostlRevenue Budgeted:
Fund�ng source: United States Marshals Service pc�;v;ry Numner:
Financial lnformation:
(Explain)
November 13, 2008 1135 AM Page 1
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MEMORANDUM OF UNDERSTANDING
U. S. Marshals Service District Fugitive
Apprehension Task Force
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This memorandum of Understanding (Iv10[� is entered into by the Saint Paul Police Department and
the United States Marshals Service (USMS) pursuant to the Presidential Threat Protection Act of 2000
(Public L. 106-544, § 6, December 19, 200Q 114 Stat. 2718, 28 U.S.c. § 566 note). The Presidential Threat
Protection Act of 2000 provides that, "the Attomey General shall, upon consultation with appropriate
Departsnent of 7ustice and Department of the Treasury law enforcement components, establish pennanent
Fugitive Apprehension Task Forces consisting of Federal, State, and local law enforcement authorities in
designated regions of the United States, to be directed and coordinated by the United States Marshals
Service, for the purpose of locating and apprehending fugitives."
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. Participating agencies may withdraw their
participation after providing 30 days advance written notice to the Chief Deputy or Task Force
Coordinator. Subject to availability of funds, this MOU will be renewed annually based on written
notification from the U.S. Marshals Service.
2. Reimbursement: The Marshals Service receives Asset Forfeiture funding for either 1) overtime
incurred by state and locai investigators who provide full time support to Mazshals Service district fugitive
apprehension task forces; or 2) travel, training, purchase or lease of police vehicles, fuel, supplies or
equipment for state and local investigators in direct support of state and local investigators. The
USMS X shall o shall not reimburse your organization for expenses incurred, depending on which
category of funding is provided. An MOU must be signed and executed on or prior to the date of the
Purchase Order which is the obligating document.
Reimbursement of overtime work shall be consistent with the Fair Labor Standards Act. Overtime per law
enforcement officer is capped at no more that $15, 572 per year. Reimbursement of for all types of
expenses as defined above shall be contingent upon the submission af a proper invoice which sha.11 be
submitted on a quarterly fiscal year basis, and which provides the names of the investigators who incurred
overtune for the district fugitive apprehension task force during the quarter; the number of overtime hours
incurred; the howly 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 Task Force Coordinator, who will review
the invoice, stamp and sign indicating that services were received and that the invoice is approved for
payment. Invoices for equipment, supplies, training, fuel, and vehicle lease should provide supporting
documentation including receipts.
Group supervisors are responsible for scheduling the duty hours of the personnel assi�ed to their group,
subject to the supervision of the Task Force Coordinator and the availability of compensation.
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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. The addition of agencies to the District Task Force is contiugent upon the
availability of funds each fiscal year. �� ��?j f�
3. Personnel and Supervision: The district task force will consist of law enforcement and admiuistrative
personnel from federal, state, and local enforcement agencies. Each participating agency may agree to
assign at least one full-time law enforcement officer to the task force or conduct operations in an ad-hoc
basis. Additional law enforcement officers may assist with task force operations as necessary.
D'uection and coordinarion of the district task force sl�all be the responsibility of the USMS Chief Deputy.
Subject to the needs of the task force, 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 district fugitive task force to
formulate a joint task force with a�eater scope of responsibility and wider area of coverage.
Administrative matters which are 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
district task force.
5. Velricles and Equipment: Any vehicles, equipment, credentials, ar other items issued to task force
personnel by the USMS shall remain the property of the USMS at all rimes. Government vehicles shall be
used only for official purposes and solely for the use in the performance of the task force. They shall not
be used for transportation between residence and place of employment.
Any other equipment used by or assigned to task force officers will remain the property of the agency
issuing the equipment and will be returned to that specific agency upon ternuuation of the task force or
upon agency request. Equipment and supplies purchased by the state and local agencies in support of full
time state and local investigators assigned to the district fugitive apprehension task force will remain the
property of that state or local agency.
Pending the availability of funding, each participating agency agrees to fiunish one vehicle for use by the
task force for each law enforcement 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 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 fiunish cellulaz telephones to be used for official district task force
business.
6. Background Iuvestigations and Special Deputation: Personnel assigned to the task force may be
required to undergo background investigations in order to be provided access to USMS offices, records,
and computer systems. In the event that such background investigations aze 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.
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7. Reeords, Reports, and Evidence: Original reports of investigation, evidence, and other investigative
materials generated, seized, or collected by the district fugitive task force shall be retained by the agency
in the district fugitive task force responsible for the case. However, evidence may be turned over to other
law enforcement agencies as appropriated. Cogies 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 Informarion Network (WIN). Staristics will be made available to
any participating agency upon request. p g' �J� � 5
8. Referral and Assignment of Cases: Each participating agency agrees to refer cases for investigation by
the district fugitive task force. Upon receipt of a written request, the district fugitive task force may 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 investigation. Investigative
teams will consist of personnel from different agencies whenever possible. Each participating agency
retains responsibility for the cases they refer to the dishict fugitive task force.
9. NCIC Entries: Federal fugitive cases referred to the task force for investigafion 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 systemc) as appropriate by the concemed state or local agency.
10. Travel: Task force personnel may be required to travel outside of the jurisdiction to which they are
noimally assigned in fiutherance of task force business. State or local task force officers traveling on
official business at the direction of the USMS shall be reimbursed directly by the USMS for their travel
expenses in accordance with appiicable federal laws, rules, and regulations.
1L Informants: Pending availability of funds, the USMS may provide funding for the payment of
inforniauts. However, all payments of informants utilizing USMS funding shall comply with USMS
policies and procedures conceming confidential infonnants and pxoteeted sources.
12. Use of Firearms and Deadly Force: All members of the district fugitive task force shall comply with
their agency's guidelines concerning tkte use of fireazms and deadly force. Copies of all applicable firearms
and deadly force policies shall be provided to the Task Force Chief and each concerned task force 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 the participating agencies.
14. Release of Liability: Each agency shall be responsible for the acts or omissions of its personnel.
Participating agencies or officers shall not be considered as the agent of any other participating agency.
Nothing herein is intended to waive or limit sovereign immunity under federal or state statutory or
constitutional law.
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Chief, Saint Paul Police Dep�rtment'
Date: November 3, 2008
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United States Mars�ha�triol o�lvlinnesota
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Date: November 3, 2008 '`: ,'`
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City Attorney, Saint
Date: November 3, 2008
Director, Financial Services — City o'f St Paul
Date: November 3, 2008 �i
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