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.
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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.
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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