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HomeMy WebLinkAbout2011-115 Council Resolution• O'DONNELL Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO.11 -115 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 instruments for use in DWI processing; and WHEREAS, The BCA is taking the current breath testing devices out of service and replacing them with new instrument (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 Council does hereby authorize execution of a Joint Powers Agreement implemented for the deployme breath testing equipment at the Lino Lakes Police Department. • Julie : artell, Ci Clerk Adopted by the Lino Lakes City Council this 14th day of November, 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member ROESERand upon vote being taken thereon, the following voted in favor thereof: O'DONNELL, ROESER, RAFFERTY, GALLUP, REINERT The following voted against same: NONE Whereupon said resolution was declared duly passed and adopted. • • • AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Chief of Police COUNCIL MEETING DATE: November 14, 2011 TOPIC: Resolution No. 11 -115, Authorizing entering into Joint Powers Agreement with Minnesota Bureau of Criminal Apprehension for DMT -G breath testing instrument. ACTION REQUIRED: Simple Majority The State of Minnesota Bureau of Criminal Apprehension's (BCA) Forensic Science Laboratory supplies law enforcement agencies in Minnesota with breath testing instruments for use in DWI processing. The BCA is taking the current breath testing instruments out of service and putting new instruments in place (DataMaster DMT -G). The State of Minnesota through the Commissioner of Public Safety, Bureau of Criminal Apprehension, Forensic Science Laboratory requires that a Joint Powers Agreement is signed prior to an agency receiving the new instruments. The BCA will purchase, own and maintain the instrument, but the city will have physical possession of the new instrument. This arrangement is similar to the arrangement for the Intoxilyzer breath testing instrument currently housed in the police department. Due to court challenges regarding the software that operates the current Intoxilyzer the police department has not been using the breath testing instrument. This has necessitated the taking of blood or urine samples when processing DWI's. The new breath testing instrument will not be subject to the same court challenges and will once again allow Lino Lakes Police Officers to process DWI's using the breath testing instrument. The new units will also support electronic filing of DWI associated forms in conjunction with e- Charging. This will increase accuracy and reduce time involved in the processing of DWI arrests. RECOMMENDATION: Staff recommends approval of Resolution 11 -115. ATTACHMENT: Resolution No. 11 -115