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• <br />• <br />STAFF ORIGINATOR: <br />AGENDA ITEM 1D <br />Kent Strege <br />Chief of Police <br />DATE: February 14, 2011 <br />TOPIC: <br />Consideration of Resolution No. 11 -17 approving <br />a Joint Powers Agreement with the State of <br />Minnesota for Evidential Breath Tester Instrument <br />VOTES REQUIRED: Simple Majority <br />BACKGROUND <br />The State of Minnesota Bureau of Criminal Apprehension's (BCA) Forensic Science <br />Laboratory supplies the law enforcement agencies of Minnesota with breath testing devices <br />for use in DWI processing. The BCA is taking the current breath testing devices out of <br />service and putting new ones in place (DataMaster DMT -G). The State of Minnesota <br />through the Commissioner of Public Safety, Bureau of Criminal Apprehension, Forensic <br />Science Laboratory require a Joint Powers Agreement before the agencies receive the new <br />units. The BCA will purchase, own and maintain the units, but the city will have physical <br />possession of the new test unit. This arrangement is similar to the arrangement for the <br />Intoxilyzer the police department currently utilizes. <br />Due to court proceedings regarding the software that operates the current Intoxilyzer the <br />police department has not been using the current breath testing instrument. This has <br />necessitated the taking of blood or urine samples when processing DWI's. The new breath <br />tester will not be subject to the same court proceedings and will once again allow Lino <br />Lakes Police Officers to process DWI's using the breath tester. The new units will also <br />support electronic filing of DWI associated forms which will increase accuracy and reduce <br />time involved in the processing of DWI arrests. <br />OPTIONS <br />1. Adopt Resolution No. 11 -17 approving the Joint Powers Agreement. <br />2. Return the Resolution to staff for further information. <br />RECOMMENDATION <br />Option No. 1 <br />