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09-1169Council File # �ry — Green Sheet#3079636 RESOLUTION OF SAI,�VT PAUL, MINNESOTA Presented by �+l 1 WHEREAS, the Ciry of Saint Paul, Police Department, was authorized to enter into a joint power agreement with the United 2 States Attomey for the Aistrict of Columbia, Metropolitan Po3ice Department of Washington , DC from January I5, 2009 to 3 January 21,2009 ; and 4 5 WHEREAS, this joint of power agreement provides funding for the reimbursement of personnel and transportation costs 6 incurred by the Saint Paul Police Department for representatives assigned to the SOth Presidential Inaugwation; and 7 8 WHEREAS, a 2009 financing and spending plan needs to be established for these funds; and 9 10 WHEREAS, the Mayor pursuant to Section 10.07.1 of the Charter of the City of Saint Paul, does certify that there aze available 11 for appropriation funds of $75,585 in excess of those estimated in the 2009 budget; and 12 13 WHEREAS, the Mayor recommends that the following changes be made to the 2009 budget: 14 15 Current Amended 16 Budget Changes Budget 17 001- General Fund j g Financing Plan-04100 Patrol Operations 19 4398 Services - Special Projects 215,700 75,585 291,285 2� 21 Spending Plan-04100 Patrol Operations 22 23 011 1- Salaries 24,837,374 15,363 24,852,737 24 0251 - Transportation 798 55,000 55,798 25 0439 -Fringe Benefits 9,524,999 5 222 9,530,221 26 27 75,585 28 29 30 THEREFORE BE IT RESOLVED, that the Saint Paul Ciry Council approves these changes to the 2009 budget. Bostrom Carter Hazris Yeas Absent Requ ted by Y' proved � By: Appro� By: Approved by By: � of: Stark Thune ✓ Adopted by Council: Date � Adoption Certified by Counci Secretary BY� / /� , � /� d Approve ayor. Date ��i�j G� By: for Submission to Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �� , DepartmentlOffice/Council: Date Initiated: ; . PD - PO�iceDepartment ; �� SEP2009 ; Green Sheet N 30 7 9 636 ConWCt Person 8 Phone: ', Chief John Harrinpton � 266-5588 ' Must Be on Councii Agenda by (Date): ' Doa Type: P�BL1C HEARING ' (RESOLUTION) ' E-DOCUment Re uired• Y ' � Assign Number For Routing Order 0 l 2 3 4 5 6 � - - - --- - - - - -- Department Se�ToPereon Initiall�ate ___ _ __._ __ __ _- __..__ __ - __ �oliceDepartment_ ' ___'_ PoliceDeP_artment __ _ PoLCe Department _ _ _ Pohce Departnent _ _ __ _ _— / C�AttorneY_" � � " _ CrtYAttorney____ ✓ � �__ ___:_____.-_ ____ ='.r__ .-- _ _ _ __-, IFinancialServices _ _ _ _ __" __ _DirectoqFSO __ _' _ __'_ ______ _--__.. _,_-- - � _-__ __ -__ _ __- , � Mayor __ ___ "____ _ May_or _ _- -_" _- Coo�cif_ ____- r- � -' ___._ _ C ity CIe_rk _ —_ _----�_ �--, — � � Ci� C lerk - - - j _ PoliceDepartment _ , PoliceDepertment _; _ __ Q � Document Contact: Evette Scarver ', i ' � Contact Phone: 266-5541 �', �, � '_.______— ___ .. _ ____ !__._.._. �i...._ _.__ __....-__.__ ____-___. —____ _, �� ToWI # of Signature Pages! (Clip All Locations for Signature) ' _ . _____ . . ._. .. . . _._. _ ._ _._.__ ______- �__-__-___. --_____ '� Action Re9uested: -- �� Signatures on the attached council resolution establishing a financing and spending plan for the attached Joint Powers Agreement ! with the United States Attomey for the District of Columbia, Metsopolitan Police Department of Washington, DC. � -- - - �-- - - -- - - - - - - - -- - ---- --- ----- i Recommendations: Approve (A) or Reject (R): '� Personai Service Contracts Must Answer the Foilowing Questions: Plannmg Commission i �. Has this persoMfirm ever worked under a contract for this department? � � Yes No j CIB Committee 1 i Civil Service Commission � 2. Has this persoNfirm ever been a city employee� � Yes No �I 3. Does tbis person/firm possess a skill not normally possessed by any current city employee? I Yes No ' 'I Explain atl yes answers on separate sheet and attach to green sheet. I -- -� �-- �- --- ---- -- --- i Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): This Joint Powers Agreement provides funding for personnel and transportation wsts incurred by the Saint Paul Police Depariment for � representatives assigned to the SOth Presidenfial Inauguration. ---- ----� - -----------� ------------._ - �-�----�--------- - � Advantages If Approved: � Ability to be reimbursed for costs associated with SPPD personnel participation in the SOth Presidential lnauguration. ---�----------------- -----`- - - - DisadvanWgeslfApproved: None. Disadvantages If Not Approved: Lost opporiuniTy to be reimbursed for costs associated with the SOth Presidential Inaugutation. Total Amount of $�5,585.00 Trensaction: Funding Source: 001 ' Pinaaciallnformation: , (Explain) October 13, 2009 2:42 PM CostlRevenue Budgeted: 1 i - ��ILIED_� t�C� 1 c. Z�i�� '�.; : ; ., Activity Number: 04100 Page 1 � City of Saint Paul Interdepartmental Memorandum To: Mazgaret Kelly, Finance Director From: Chris Eitemiller, Sr. Budget Analyst� �-i�� 5ubject: Police Budget Amendment to amend financing & spending plan for St. Paul Police DepartmenYs support of 2009 Presidential Inauguration Date: October 14, 2009 The attached resolution establishes a financing and spending plan to amend a grant that was included in the 2009 adopted budget for Police. The department provided support for this year's presidential inauguration and is to be reimbursed by the federal government. The original estimate was for $105,200, and must be aznended upwazd by $75,585. Because there are other grants in this line item and activity, the total revenue being amended is actually $215,700 and will be $291,285 after this action is taken. The expenditure amendments are divided among salazies, fringe and transportation. Because this will amend the Police budget, this will require a public hearing. It will be on the Council's agenda October 21 as the first and third meetings each month are the opportunities for budget amendments. This proposal seems reasonable, I recommend signing. AA-ADA-EEO Employer �v�y �- 6�-i��y MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is executed by the United States Attomey for the District of Columbia, the Metropolitan Police Department of Washington, D.C. (MPD) and the Saint Paul Police Department. PURPOSE 'I'he purpose of the MOU is to outline the mission of the Presidenfial Inauguration Task Force (PITF) in the Washington, D.C. area from January 15, 2009, to 7anuary 21, 2009. Additionally, this MOU will define relationships beriveen the U.S. Mazshal Service, MPD and the Saint Paul Police Department, as well as other participating agencies with regard to policy, guidance, utilizarion of resources, planning, training, public relations and media in order to ma�cimize interagency cooperation. II. MISSION The mission of the PITF is to achieve maYimum coordination and cooperation in bringing to beaz combined resources to effectively implement measures to promote the safety of the President of the United States, inaugural participants, the public, visitors and residents while allowing individuals and groups to exercise their legal rights. Additionally, ail units that aze participating agencies will coordinate their activities and be considered a member of the PITF, sharing information and coordinating investigative and law enforcement efforts which may result fram any apprehensions originaring from the PITF. III. ORGANIZATIONAL STRUCTURE A. Direction The Saint Paul Police Department acknowledges that the PITF is a joint operation in which all agencies, including the Metropolitan Police Department of Dishict of Columbia, Office of the United States Attorney for District of Columbia, United States Marshals Service, United States Seeret Service, United States Federal Bureau of Investigation, National Pazk Service, Saint Paul Police Deparhnent and other agencies, act as partners in the operation of the PITF. The Command Center for the operations will be located at the Metropolitan Police Department (MPD) Headquarters and will be staffed by officers from the United States Mazshals Service, MPD, U.S. Pazk Police, and the Federal Bureau of Investigarion. These officers will serve as the Execurive Council for this operation. ��„'° / B. .5'llPCrVIS10Il The day-to-day operation and administrarive control of the PITF will be the responsibility of a Tactical Team Commander selected from one of the participating agencies. The Tactical Team Commander will coordinate with supervisory personnel of the United States Secret Service as the sponsoring agency for Special Deputation (federal) and with MPD as the lead agency for the operation. T'he daily management of the PTTF will be closely monitored by the MPD. Responsibility for the conduct of the PITF members, both personally and professionally, sha11 remain with the respective agency directors subject to the provisions in Section IX (Liability). C. Unilateral Law Enforcement Action There shall be no unilateral action taken on the part o£ any participating non-federal or non-MPD law enforcement agency relating to PITF activities. All law enforcement action by participating non-federal and non-MPD law enforcement agencies will be coordinated and conducted in a cooperative manner under the direction of the Executive Council and the MPD. N. PROCEDURES A. Personnel Continued assignment of personnel to the PITF will be based upon performance and will be at the discretion of the respective agency. Each participaring agency will be provided with reports as necessary regazding the program, direction, and accomplishment of the PITF. B. Deputation All local and state law enforcement personnel designated to the PITF will be subject to backgound inquiry and will be federally depurized, with the United 5tates Mazshals Service securing the required deputation authorization. These deputafions will remain in effect throughout the tenure of each officer's assignment to the PTTF or until termination of the PITF, whichever occurs first. Each individual deputized as a Special Deputy U.S. Mazshal will have all necessary law enforcement authozity as provided by 28 U.S.C. § 566(c) and (d); 28 U.S.C. § 564; I 8 U.S.C. § 3053; 28 C.F.R. § 0.112, and the deputation authority of the Deputy Attomey General. The Special Deguty U.S. Mazshals will be responsible for 1) performing necessary law enforcement steps to keep the peace of the United States; 2) enforcing federal law (e. g„ 18 U.S.C. §§ 112, 1116, and 878, as well as other provisions of that title); 3) protecting visiting foreign officials, official guests, and intemarionally protected persons; 4) taking necessary law enforcement steps to prevent violations of federal law, and; 5) enforcing Aistrict of Columbia law as a result of the deputation (see D.C. Code 23-581 and 28 U.S.C. § 564). 2 6q—�1Lc�� Individuals deputized as Special Deputy U.S. Mazshals pursuant to this MOU who suffer a disability or die as a result of personal injury sustained while in the performance of his or her duty during the assignment shall be treated as a federal employee as defined by Title 5 U.S.C. section 8101. Any such individuals who apply to the U.S. Department of Labor for federal workers' compensation under Section 3374 must submit a copy of this MOU with his or her application. AII applicants will be processed by the U.S. Department of Labor on a case by case basis in accordance with applicable law and regulation. C. Law Enforcement Activities Since it is anticipated that almost all cases originating from any PITF azrests will be prosecuted at the state or local level, the law enforcement methods employed by all participating law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to a change of venue for prosecufion. D. Prosecution The criteria for determining whether to prosecute a particulaz violation in federal or state court will focus upon achieving the geatest overall benefit to law enforcement and the community. Any question which arises pertaining to prosecutorial jurisdiction will be resolved through the Executive Councii. The U.S. Attorney's Office for the District of Columbia has agreed to formally participate in the PITF and will adopt policies and seek sentences that meet the needs of justice. V. ADMINISTRATIVE A. Records and Reports All records and reports generated by PITF members shall be routed through the Tactical Team Commander who shall be responsible for maintaining custody and proper dissemination of said records as he or she deems appropriate. B. Staff Briefings Periodic briefings on PITF law enforcement actions will be provided to the directors of the participating agencies or their designees. Statisfics regarding accomplishments will also be provided to the participating agencies as available. �y- � il� � VI. MEDIA All media releases pertaining to PI'I'F law enforcement activity and/or arrests will be coordinated by all participants of this MOU. No unilateral press releases will be made by any participating agency without the prior approval of the Executive Council. No information pertaining to the PITF itself will be released to the media without mutual approval of all participants. VII. EQUIPMENT A. PITF Vehicles Each participating agency, pending availability and individual agency policy, agrees and authorizes PITF members to use vehicles, when available, owned or leased by those participating agencies, in connection with PITF law enforcement operations. In tum, each participaring agency agrees to be responsible for any negligent act or omission on the part of its agency or its employees, and for any liability resulting from the misuse of said vehicles, as well as any damage incurred to those vehicles as a result of any such negligent act or omission on the part of the participating agency or its employees, subject to the provisions of Section IX (Liability). Participating agency vehicies assigned to the PITF aze subject to funding availability, are provided at the discretion of the supervisor of the providing agency, and will be used only by PiTF members. Vehicles provided by participafing agencies will be used only during working hours and will not be used for transportation to and from work by task force members or used for any other purpose. Participating agencies will provide maintenance and upkeep of their vehicles consistent with each agency's policy. Vehicles provided as pool vehicles for PITF use will be pazked at the end of each shift at a location detetmined by the Tactical Team Commander or his/her designee. B. Other Equipment Other equipment furnished by any agency for use by other agencies' participating personnel shall be retumed to the orignating agency upon termination of the PITF or this MOU. VIII. FUNDING The Saint Paul Police Depariment agrees to provide the fixll-time services of its respective personnel for the duration of this operation, and to assume all persommel costs for their PITF representatives, including salaries, overtime payments, and fringe benefits consistent with their respecrive agency policies and procedures. Reimbursement for the cost of such personnel will be made by the District of Coluxnbia, with funds provided by the United States and from general revenue. � �-� �� IX. LIABILITY Unless specifically addressed by the terms of this MOU, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the United States is determined by the Department of 7ustice on a case-by-case basis. T'here is no guazantee that the United States will provide legal representation to any federal, state or local law enforcement officer. Con�ess has provided that the exclusive remedy for the negligent or wrongful act or omission of any employee of the United States government, acting within the scope of employment, shall be an acfion against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2679(b)(2). For the limited purpose of defending claims arising out of PITF activity, state or local law enforcement o�cers who have been specially deputized as U.S. Mazshals and who aze acring within the course and scope of their official duties and assignments pwsuant to this MOU, may be considered an"employee" of the United States government as defined in 28 U.S.C. 2671. It is the position of the Depaztment of Justice Civil Division Torts Branch that such individuals aze federal employees for these purposes. Under the Federal Employees Liability Reform and Tort Compensation Act of 1988 (commonly known as the Westfall Act), 28 U.S.C. § 2b79(b)(1), the Attorney Generai or his designee may certify that an individual defendant acted within the scope of employment at the time of the incident giving rise to the suit. Id., 28 U.S.C. § 2679(d)(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 U.S.C. § 2679(d)(2). If the United States is substituted as defendant, the individual employee is thereby protected from suit. If the Attorney General declines to certify that an employee was acting within the scope of employment, "the employee may at any time before trial petition the court to find and certify that the employee was acring within the scope of his office or employment." 28 U.S.C. § 2679(d)(3). Liability for any negligent or willful acts of PITF employees, undertaken outside the terms of this MOU will be the sole responsibility of the respective employee and agency involved. Liability for violations of federal constitutional law rests with the individual federal agent or officer pursuant to Bivens v. Si.r Unknown Agents of the Federal Bureau ofNarcotics, 403 U.S. 388 (1971), or pursuant to 42 U.S.C. § 1983 for state and local officers or cross-deputized federal officers. Both state and federal officers enjoy qualified immunity from suit for constitutional torts insofar as their conduct does not violate "clearly established statutory or constitufional rights of which a reasonable person would have lmown." Harlow v. Fitzgerald, 457 U.S. 800 (1982). b�- � I L� 9 PITF officers may request representation by the U.S. Department of Jusrice for civil suits against them in their individual capacities for actions taken within the scope of employment. 28 C.F.R. § SQ.15, 50.16. An employee may be provided representation when the actions for which representarion is requested reasonably appeaz to have been performed within the scope of the employee's employment and the Attomey General or his designee determines that providing representation would otherwise be in the interest of the United States. 28 C.F.R. § 50.15(a). A PITF officer's written request for representation should be directed to the Attomey General and provided to the Civil Division of the U.S. Attomey's Office for the District of Columbia, which will then forwazd the representation request to the Civil Division of the United States Department of Justice together with a recommendation conceming scope of employment and Department representation. 28 C.F.R. § 50.15(a)(3). If a PITF officer is found to be liable for a constitutional tort, he/she may request indemnification from the Department of Justice to satisfy an adverse judgment rendered against the employee in his/her individual capacity. 28 C.F.R. § 50.15(c)(4). The criteria for payment are substantially similaz to those used to detemune whether a federal employee is entifled to Department of Jusfice representation under 28 C.F.R. § 50.15(a). X. DURATION This MOU shall remain in effect until terminated as specified above, unless that date is modified as set forth in Section XI. Continuation of the MOU shall be subject to the availability of necessary funding. This agreement may be terminated at any time by any of the participating agencies. The Saint Paul Police Department may withdraw from this MOU at any rime by providing a seven-day written notice of its intent to withdraw to the MPD. Upon the termination of the MOU, all equipment will be retumed to the supplying agencies. XI. MODIFICATIONS The terms of this MOU may be modified at any time by written consent of a11 parties. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. ��— � I to�1 XII. LIMITATION Nothing in this MOU is intended to, or shall be construed to create enforceable rights in third parties. METROPOLITAN P ICE EPARTMENT GZSit�"' � CATHY L. L NIER, CHIEF OF POLICE WASHINGTON, D.C., METROPOLITAN POLICE DEPARTMENT �' J � JEFFRE A. TAYLOR UNITED STATES ATTORNEY DISTRICT OF COLUMBIA JOHN M. HARRINGTON CHIEF OF PQLICE SAINT PAUL POLICE DEPARTMENT SAINT PAUL, MINNESOTA JOHN CHOI CITY ADMINISTRATOR SAINT PAUL, MINNESOTA MARGARET KELLY DIRECTOR OF OFFICE OF FINANCE SAINT PAUL, MINNESOTA c�-ii�� CHRISTOPHER B. COLEMAN MAYOR CITY OF SAINT PAUL SAINT PAUL, MINNESOTA READUSFLETCHER ACTING, HUMAN RIGHTS AIRECTOR SA1NT PAUL, MINNESOTA