HomeMy WebLinkAbout2011-017 Council ResolutionCouncil MemberRaffertwtroduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO.11 -17
Approving the Joint Powers Agreement with the State of Minnesota to receive
new DWI related breath testing equipment.
WHEREAS, The State of Minnesota Bureau of Criminal Apprehension's (BCA) Forensic
Science Laboratory supplies the law enforcement agencies of Minnesota with certified
breath testing devices for use in DWI processing; and
WHEREAS, The BCA is taking the current breath testing devices out of service and
replacing them with new certified ones (DataMaster DMT -G); and
WHEREAS, The BCA will purchase, own and maintain the units, but the city will have
physical possession of the new test unit; and
NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Coun ' mbers, do
hereby approve the Joint Powers Agreement implemented fo a deploy. of
updated certified breath testing equipment at the Lino La - s Police Dement.
Jeff Re n , Mayor
Adopted by the Lino Lakes City Council this 14th day of February, 2011.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Memberpoeger and upon vote being taken thereon, the following voted in favor
thereof:
Rafferty, Roeser, Gallup, O'Donnell, Reinert
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
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STAFF ORIGINATOR:
AGENDA ITEM 1D
Kent Strege
Chief of Police
DATE: February 14, 2011
TOPIC:
Consideration of Resolution No. 11 -17 approving
a Joint Powers Agreement with the State of
Minnesota for Evidential Breath Tester Instrument
VOTES REQUIRED: Simple Majority
BACKGROUND
The State of Minnesota Bureau of Criminal Apprehension's (BCA) Forensic Science
Laboratory supplies the law enforcement agencies of Minnesota with breath testing devices
for use in DWI processing. The BCA is taking the current breath testing devices out of
service and putting new ones in place (DataMaster DMT -G). The State of Minnesota
through the Commissioner of Public Safety, Bureau of Criminal Apprehension, Forensic
Science Laboratory require a Joint Powers Agreement before the agencies receive the new
units. The BCA will purchase, own and maintain the units, but the city will have physical
possession of the new test unit. This arrangement is similar to the arrangement for the
Intoxilyzer the police department currently utilizes.
Due to court proceedings regarding the software that operates the current Intoxilyzer the
police department has not been using the current breath testing instrument. This has
necessitated the taking of blood or urine samples when processing DWI's. The new breath
tester will not be subject to the same court proceedings and will once again allow Lino
Lakes Police Officers to process DWI's using the breath tester. The new units will also
support electronic filing of DWI associated forms which will increase accuracy and reduce
time involved in the processing of DWI arrests.
OPTIONS
1. Adopt Resolution No. 11 -17 approving the Joint Powers Agreement.
2. Return the Resolution to staff for further information.
RECOMMENDATION
Option No. 1