10-09CITY
Presented by
1 RESOLVED, that the City of Saint Paul, Police Department is authorized to enter into the attached Joint
2 Powers Agreement with The Bureau of Alcohol, Tobacco, Firearms, and Expiosives (ATF). A copy of
3 said agreement is to be kept on file and on recard in the Office of Financiai Services.
Bostrom
Carter
Harris
Thune
Adopted by Council: Date
Adoption Certified by Coun il Secretary
BY� .%d�54/I
Approve Ma or Date 4 � J,{�j ("�
By:
Council File # 10-09
Green 5heet # 3091396
RESOLUTION
41N�,PAUL, MINNESOTA ��
Requested by partmen
lr "�
By:
Approved y th�f'fi 'n al e ice
BY . ` �
Approve ty Attomey �
By:
Approved a orf r ubmi ' to ncil
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green SFieet
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DepartmenUOfficelCouncil: � �� � Date Initiated: �
PD - PO��� Department ', 10 DEC 2009 i
Contact Person & Phone: , � ''
Chief John Harrinpton '�
2665588
� - -- - - - - — --- ----- � - -- Assign ,
Must Be on Council A9enda by (Date): �� Number ;
For
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Doc.Type:RESOWTION ` � �be� ;
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Police D�arlmevt�_ _ _, _ __
_ Cit� Attorney _ ^ _
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�-� � — Counci�
.C'tt�Clerk . . --_-._ -_
E-DocumentRequired: Y ; ' '1 PoticeDepartment _______ PoGceDeparhnent ' ,_ ___
� Dowment Contad: Evette Scarver � ,
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'� Contact Phone: 2665541 . �
, Total # 04 Signature Pages (Clip All locations for Sig
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nature) I
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'� Action Requested: '
Signatures on the attached council resolution authoriaing the Ciry of Saint Paul, Police Department to enter into the attached Joint
���, Powers Agreement with The Bureau of Alcohol, Tobacco, Firearms, and Explosives (A1'F). ',
i Recommendations: Approve (A) or Reject (R): l Personai Service Contracts Must Answer the Following Questions: �I
� Plan�i�g Commission I 1. Nas this personlfirm ever waked under a contract for this department? i,
CIB Committee I Yes No I �
�' Civil Service Commission Z. Has this person/firm ever been a city employee?
Yes No
� 3. Dces this person�rm possess a skill not normally possessed by any
'�, current city employee? ��
'� I Yes No '�
I, Explain all yes answers on separate sheet and attach to green sheet.
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, Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): I
I The Saint Paul Police Departrnent along with other participants will assist the ATF in vesGgating fireams violations and drug
�� offensesJvioleM crimes involving £uearms withiu the city limits of the City of Saint Paul, Minnesota. AuthoLizarion is needed to enter I
I into the attached Joint Poweis Agceement.
I Advantages If Approved: _- — �. ___ . � ._ _ __ -- — _ . . . . . . —_ _ _ __ .. ... _ _ _
The agencies worlung together will be more efficient and affechve m enforcmg, mveshgahng, and pzosecutmg Federal and State
� firearms violations and drug offenses/violent crimes involving fuearms. r�- I
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' DisadvantagesHApproved: ���
� None. � � ry��
F` ^� � 3
I —_ — `__._—_ b �i�5��_r"P;=='"_
� DisadvanWges If Not Approved: � °'� � �
�; The agencies will not be able to jointly combat Federal and State fuearn�s and drugs offenses/violent crimes involving firearms.
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, Totai Amount of
�, Transaction:
Funding Source: S28 8gf22fft2tlt
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
Green Sheet NO: 3091396
December 10, 2009121 PM Page 1
10-09
MEMORANDUM OF UNDEftSTANDING
BETW EEN
THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXSPLOSIVES
AND
THE ST. PAUL POLICE DEPARTMENT
Purpose
1. This Memorandum of Understanding ("MOU") is entered into by the United States
Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives
("ATF"), a federal agency and the City of St. Paul (Minnesota) Police Department
("SPPD"}, politicai subdivisions within the State of Minnesota, with respect to a}oint
powers/cooperative law enforcement effort. This Memorandum of Understanding
("MOU") is not intended as a formal contract but rather to memorialize the
relationship between the Participants with respect to interagency cooperation to
facilitate cooperation in investigations as detailed below.
Name. of Task Force
2. The name of this joint cooperative operation is the ATF and St. Paul Police
Department Task Force ("ATF/SPPD Task Force"). The agencies participating in this
ATF/SPPD Task Force MOU Agreement shail be referred to as the "Participants."
Authoritv
3. This MOU is established pursuant to the Participants' authority to investigate
criminal activities involving firearms, illegai drugs and other violent offenses. ATF's
statutory authority to investigate is derived from but not limited to 28 U.S.C. Chapter
40 (related to the general functions of ATF), 18 U.S.G. Chapter 44 (related to
firearms), and 26 U.S.C. Chapter 53 (related to certain firearms and destructive
devices}.
4. The SPPD, is empowered to enter into joint powers agreements pursuant to
Minnesota Statutes 471.59, Subdivision 10, to provide services or functions which it
is authorized to provide for itself.
5. SPPD officers assigned to the ATF/SPPD Task Force who are deputized by a
Federal agency other than ATF inay possess Federal law enforcement authority as
specified by the agency affording deputation.
Duration of MOU
6. This MOU will be effective on the date it is executed by the Participants, it will
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continue in force until terminated by one or more Participants or by mutuaf
agreement of the Participants. Either Participant to this MOU may terminate the
MOU as to its agency by giving ten days written notice of such termination to the
other PaRicipant. All notices to ATF under this MOU shall be defivered to the
Special Agent in Charge ("SAC") of ATF, St. Paul Field Division, St. Paul,
Minnesota. Aff notices under this MOU to SPPD shafl be delivered to the Chief of
Police ("Chief') of the St. Paul Police Department, St. Paul, Minnesota.
General Terms
7. The Participants shall establish and operate a joint task force for the purpose of
investigating firearms violations and drug offenses/violent crimes involving firearms
within the city limits of the City of St. Paul, Minnesota. It is the intention that the
SPPD will assist ATF in investigating Federal firearms violations and that ATF will
assist SPPD in investigating State firearms violations and drug offenses/violent
crimes involving the use of firearms.
Chain of Command
8. ATF shafl be the lead agency. ATF wili provide a minimum of four (4) Special
Agents dedicated to conducting Federal firearms and related investigations relevant
to the St. Paul, Minnesota area. SPPD will provide officers to participate in the
ATF/SPPD Task Force.
9. The SAC of the St. Pau! Field Division of ATF shall be ATF's coordinator for the
ATFlSPPD Task Force. The Chief of the SPPD shall be SPPD's coordinator for
same. These coordinators or their designees shall have overall responsibility for
policies and guidelines affecting the operations of the task force. Members of the
ATF/SPPD Task Force wifl continue to operate within their normai chain of
command, and be responsible to their own agency or department, while assigned to
the ATF/SPPD Task Force.
Operations
10. ATF/SPPD Task Force coordinators or their designees will be primarily
responsible for opening, assigning, directing, monitoring, and closing Task Force
investigations. Each Participant agrees to take no unilateral action with respect to
Task Force operations, as this would not be in the best interest of this cooperative
effort.
11. Officers/Agents from each Participant shall be responsible for the writing and
preparation of their own reports in accord with their own agency format.
12. Asset fiorteiture seizures and forfeitures wi11 be conducted in accord with DOJ
Guidelines. Every effort will be made to share assets equitably.
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Equipment
13. Participants to this agreement may provide vehicles or other equipment for
official use by agents/officers assigned to the Task Force. Under this agreement
ATF Agents are authorized to use vehicles and equipment of SPPD, and may
permit the use of United States' government vehicles by Task Force O�cers who
have received Federal deputation as circumstances may require for the sole
purpose of official Task Force duties. All use of vehicles and equipment shall be
exclusively for official Task Force purposes such as surveillance, investigation,
undercover operations and other Task Force purposes. Said use of vehic{es and
other equipment shail not be for personal purposes or any purpose other than
providing ATF/SPPD Task Force assistance within the parameters of this
agreement. The Participants agree to execute appropriate additional documents,
required for vehicle use authorization, including but not limited to Vehicle Use
Agreements through appropriate Participant representatives including TFOs and the
agency heads.
Fundinp
14. Each Participant wili provide for the salary, over-time, withholding, insurance
coverage and other obligations relating to wages and benefits that may be due and
coming to their own personnel assigned to the Task Force. Any future agreement for
ATF to provide funding for officers assigned to the Task Force (salary, overtime,
etc.) shail be by separate agreement or Memorandum of Agreement between the
Participants and shall be subject to the availability of funds for such purpose and
such other requirements as shall be agreed upon by the Participants or required by
iaw.
Liabilitv
15. Under the Federal Tort Claims Act ("FTCA"), Title 28, United States Code,
Sections 1346(b) and 2671-2680, the exclusive remedy forthe negiigent or wrongful
act or omission of an employee of the United States government acting within the
scope of his/her employment is an action against the United States. No Participant
who is not deputized as a Federal officer shall be considered an empioyee of the
United States. In addition, even if deputized or employed as a Federal officer, such
Participant, is not a Fedesal employee for purpose of the FTCA un{ess the United
States Department of Justice ("USDOJ") certifies that he/she was acting within the
course and scope of hisiher Federal authoriiy under this MOU at the time of the
incident giving rise to the suit.
16. Except as may be specifically provided herein, the Participants agree to be
responsible for the negiigent or wrongful acts or omissions of their respective
employees. Legal representation by the United States is determined by the United
States Department of Justice on a case-by-case basis. ATF cannot guarantee that
the United States wili provide legal representation to any Federal, state or locai 1aw
enforcement officer.
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17. Under the Federal Employees Compensation Act ("FECA"), Title 5, United
States Code, Sections 8101 et se�c ., Federal empioyees may receive compensation
for disability or death resulting from personal injury sustained while in the
pertormance of his/her duties. A member of the ATF/Centrai Minnesota Task Force
who has been deputized by the United States Marshal's Service may be considered
an "employee" of the United States for purposes of the FECA if he/she was acting
within the course and scope of his/her Federal duties under this MOU at the time of
the personal injury. Any claim made by any Task Force member against under
FECA must be immediately reported to that member's home agency.
18. The Participants intend that ATF agents assigned to the Task Force be
considered "Federal law enforcement officers" within the meaning of Minn. Stat. §
626.77 Subd.3. The Participants further intend that the ATF agents assigned to the
Task Force shall be indemnified from tort liability in accordance with Minn. Stat. §
626.77. The statute provides as follows:
Subd. 1. Arrest Authority. A peace officer of a state adjoining Minnesota and a
federal law enforcement officer have the same authority to arrest and hold an
individual in custody as has any peace officer of this state if all of the following
circumstances are present:
(1) The officer is on duty and is acting on a request for assistance by a
peace officer of this state;
(2) While in this state, the officer acts under the direction of the peace
officer to whom the officer is rendering assistance;
(3) While in this state, the officer acts in accordance with the rules and
regulations of the officer's own appointive or elective authority; and
(4) Upon effecting arrest, the officer surrenders custody of the arrested
individual to a peace officer of this state without unnecessary delay.
Subd. 2. Tort liability; indemnification. A peace officer from an ad}'oining
state or a federal law enforcement officer who responds to a request for
assistance and who acts in accordance with subdivision 'I is serving in the
regular line of duty as fufly as though the service was within the officer's
jurisdiction. For the purposes of section 3.3736 and chapter 466, the o�cer is
deemed to be an employee of the elective or appointive agency of the peace
o�cer requesting assistance.
Subd. 3. Definition. As used in this section, "federal law enforcement officer"
means an officer or employee whether employed inside or outside the state of
the Federal Bureau of Investigation, the Drug Enforcement Administration, the
United States Marshal Service, the Secret Service, the Bureau of Alcohol,
Tobacco, Firearms and Explosives, the Department of Homeland Security, or the
United States Postal Inspection Service, or their successor agencies, who is
responsibie for the prevention or detection of crimes or for the enforcement of the
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United States Code and who is authorized to arrest, with or without a warrant,
any individual for a vio(ation of the United States Code.
Federal and State Prosecutions
19. The Participants, in conjunction with the appropriate Federal and state
prosecuting authority, sha11 determine whether ATF/SPPD Task �orce cases will be
prosecuted under Federai law or by the State of Minnesota.
20. Participants shall make their agents and officers availabie to testify and
otherwise assist as needed in the prosecution of any Federal and/or state criminal
prosecutions that arise from Task Force investigations and operations.
Informants
21. Informants developed by agents and officers engaged in Task Force operations
and investigations may be registered as informants of ATF or another Participant{s)
for administrative purposes and handling as may be mutually agreed upon by the
Participants. The policies and procedures of the registering Participant will apply to
the informants it registers. In addition, it will be incumbent upon the registering
Participant to maintain a file with respect to the performance of all confidential
informants it registers. A{l information obtained from Task Force informants will be
shared with ail Participants.
22. The registering Participant will pay all reasonable and necessary informant
expenses incurred pursuant to Task Force operations and investigations. Therefore,
ATF shall be responsible for paying informant expenses relating to informants it
registers and SPPD shall be responsible for paying/ informant expenses relating to
informants it registers. fn instances of joint registration, either ATF or SPPD may be
responsible for paying informant expenses as may be agreed upon by the agencies.
Media Relations
23. Media releases pertaining to Task Force investigations and operations will be
made in accordance with DOJ guidelines by ATF, coordinated and controlled jointly
by the Participants. No Participant shall make a unilateral press release without prior
approval of the other Participants.
Modification of MOU
24. The terms of this MOU may be amended, modified, or; revised by agreement of
the Participants. Ail amendments, modifications, and revisions shail be in writing.
25. This MOU is an agreement between ATF and the SPPD and does not confer
any right or benefit to any private person or party, private or public.
26. This MOU is hereby accepted as setting forth the general intentions and
understandings of fhe undersigned ofFicials for their respective agencies.
Bernard J. Zapor Date
Special Agent in Charge
Bureau of Alcohol, Tobacco, Firearms
John M. Harrrington
Chief of Police
City of St. Paul Police Department
Date
Assistant City Attorney Date
Director of OFS
Date
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Mayor Date