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HomeMy WebLinkAbout2011-104 Council Resolution• • Council MembeFoeser introduced the following resolution and moved its adoption: CITY OF LINO LAKES Li RESOLUTION NO. 11 -106 Approval for the assigning of a police officer to the United States Drug Enforcement Agency Task Force WHEREAS, The United States Drug Enforcement Agency (DEA) was established to disrupt the illicit drug traffic, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, and apprehend and prosecute those individuals engaged in the sale, distribution and trafficking of narcotics; and WHEREAS, Participation in the DEA Task Force will benefit the Lino Lakes Police Department by providing experience and training for officers in areas such as warrants, wire taps, surveillance, narcotics, intelligence gathering and processing, and apprehending offenders committing crime affecting Lino Lakes and Anoka County; and WHEREAS, Assigning an officer to the DEA Task Force is reflective of the Lino Lakes Police Department's philosophy of proactive policing to prevent future crime from taking place. Defining, identifying and responding to the issue of narcotics and associated crime before it becomes a problem will assist us in our mission of providing a safe community for the residents in a changing and growing community. NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes Cit Council mem. - s, do hereby approve assigning a police officer to the DEA • Julie :.artell, Ci Adopted by the Lino Lakes City Council this 10th day of October, 2011. The motign for the adoption of the foregoing resolution was duly seconded by Council MembeP Donneland upon vote being taken thereon, the following voted in favor thereof: Roeser, O'Donnell, Rafferty, Reinert The following voted against same: none (Absent - Gallup) Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 4C STAFF ORIGINATOR: John Swenson, Chief of Police COUNCIL MEETING DATE: October 10, 2011 TOPIC: Resolution 11 -103, Authorizing the assignment of one LLPD Officer to the Drug Enforcement Agency (DEA) Task Force ACTION REQUIRED: Simple Majority The United States Drug Enforcement Administration has invited the Lino Lakes Police Department (LLPD) to join the DEA Task Force and assign one of our current officers to that unit. This move is expected to assist with the enforcement of illicit drug traffic, reduce related crime and violence, gather and report intelligence data relating to trafficking in narcotics and dangerous drugs, conduct undercover operations, and engage in other traditional methods of investigation that will result in effective prosecution before the courts of the United States and the State of Minnesota. The DEA has provided a written agreement to accomplish this membership and officer • reassignment, and staff is recommending City participation in this agreement. Staff is proposing the assignment of an experienced Lino Lakes Police Officer to the DEA Minneapolis -St. Paul District Office Task Force for a three year term. The officer will always be a member of the Lino Lakes Police Department and will be available to us when needed, but will be working under the daily supervision and control of DEA supervision and adhere to the DEA policies and procedures. This officer will serve as a liaison to the Anoka - Hennepin Drug Task Force and will leverage the resources of the DTF task force to address issues within the City of Lino Lakes and Anoka County. • During the period of assignment to the DEA, the police department will remain responsible for the salary and benefits of the officer assigned. The DEA has agreed to reimburse the City of Lino Lake $17,202.25 annually for overtime expenses in addition to any forfeiture money attained by the officer while assigned to the DEA Unit. The twelve current metro area police departments involved with the DEA Task Force averaged $111,140 in forfeiture funds in 2010. These forfeiture funds may be used by the police department to purchase equipment for law enforcement purposes or offset expenses related to personnel expenditures to maintain proper police department staffing. It should be noted there is no guarantee that forfeiture funds will meet the above averages; in fact, staff expects the first year of the police department's participation will result in lower forfeiture revenues. This stems from the training period the officer will be involved in and their lack of involvement in cases currently underway. • • • The main focus of the police department's participation in the DEA Task Force is to curb the flow of illegal narcotics; this focus coupled with professional investigative work will produce forfeiture funds. The term of this written agreement is from October 1, 2011 to September 30, 2012. The agreement may be terminated on thirty days written notice. The agreement is renewable on an annual basis, and the Police Department anticipates a three year membership in the DTF task force. RECOMMENDATION: Staff recommends approval of Resolution 11- 103 authorizing the reassignment of one police officer to the Drug Enforcement Administration Task Force. ATTACHMENTS 1. Resolution 11 -103 2. Drug Enforcement Administration - Agreement • • • DRUG ENFORCEMENT ADMINISTRATION STATE AND LOCAL TASK FORCE AGREEMENT MINNEAPOLIS -ST. PAUL DISTRICT OFFICE CHICAGO FIELD DIVISION Lino Lakes Police Department This agreement is made this 30th day of September, 2011, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Lino Lakes Police Department (hereinafter "Department "). WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the DEA Minneapolis -St. Paul District Office's area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Minnesota and Wisconsin, the parties hereto agree to the following: 1. The DEA Minneapolis -St. Paul District Office Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Minnesota and western Wisconsin area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the States of Minnesota and Wisconsin. 2. To accomplish the objectives of the DEA Minneapolis -St. Paul District Office Task Force, the Department agrees to detail one (1) experienced officer to the DEA Minneapolis -St. Paul District Office Task Force for a period of not less than two years. During this period of assignment, the officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The Department's officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The Department's officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. 878. • • • 5. To accomplish the objectives of the DEA Minneapolis -St. Paul District Office Task Force, DEA will assign three (3) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and Department officer assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the DEA Minneapolis -St. Paul District Office Task Force, the Department will remain responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the Department for overtime payments made by it to the officer assigned to the DEA Minneapolis -St. Paul District Office Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1, (RUS) Federal employee (currently $17,202.25), per officer. 7. In no event will the Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The Department shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The Department shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The Department shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The Department shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The Department agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. The Department acknowledges that this agreement will not take effect and no Federal • • • funds will be awarded to the Department by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the Department shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one (1) until September 30, 2012. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by the Department during the term of this agreement. For the Drug Enforcement Administration: Name: John J. Riley Title: Special Agent in Charge Chicago Field Division For the Lino Lakes Police Department: Name: John Swenson Title: Chief of Police Date: Date: