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HomeMy WebLinkAbout2007-198 Council ResolutionCouncil Member -Gi ne-i -- introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -198 Accepting $40,000 grant for assigning police officer to the Metro Gang Strike Force WHEREAS, The Metro Gang Strike Force (MGSF) was established to coordinate efforts to prevent gang activity, investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang; and WHEREAS, Participation in the MGSF will benefit the Lino Lakes Police Department by providing great exposure and training for officers in areas such as warrants, wire taps, surveillance, narcotics, intelligence gathering and processing as well as apprehending gang members committing crime in Lino Lakes and Anoka County; and WHEREAS, Assigning an officer to the MGSF is in accordance with the LLPD's philosophy of proactive policing. Defining, identifying and responding to the issue of gang related 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 city; and WHEREAS, The Lino Lakes Police Department, as a condition of assigning an officer to the MGSF, will be receiving a grant of $40,000 to assist with the costs associated with this assignment; and NOW, THEREFORE, BE IT RESOLVED, the Lino Lakes City Council members, do hereby accept the grant of $40,000 and commits to assigning a police officer to the Metro Gang Strike Force. e = artell, Cit Jerk � u nell, Acting Mayor Adopted by the Lino Lakes City Council this 26th day of November, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council MemberCar ts0,1 and upon vote being taken thereon, the following voted in favor thereof: `7 ?e4ierE, Ca, Isco, 110-e11 The following voted against same: « -Be (ties on Whereupon said resolution as declared duly passed and adopted. 3 1ck. REVISED AGENDA ITEM #4A STAFF ORIGINATOR David J. Pecchia Public Safety Director /Chief of Police MEETING DATE November 26, 2007 TOPIC Consideration of Resolution No. 07 -198 Acceptance of $40,000 grant for assigning police officer to the Metro Gang Strike Force VOTES REQUIRED: Simple Majority BACKGROUND The Metro Gang Strike Force (MGSF) was established to coordinate efforts to prevent gang activity; and investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang. The MGSF is comprised of police officers from 11 different law enforcement agencies in the metro area. Participation in the MGSF will benefit the Lino Lakes Police Department by providing great exposure and training for officers in areas such as warrants, wire taps, surveillance, narcotics, intelligence gathering and processing as well as apprehending gang members committing crimes in Lino Lakes and Anoka County. Assigning an officer to the MGSF is in accordance with the LLPD's philosophy of proactive policing. Defining, identifying and responding to the issue of gang related 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 city. The Lino Lakes Police Department, as a condition of assigning an officer to the MGSF, will be receiving a grant of $40,000 to assist with the costs associated with this assignment. The materials associated with the grant are attached. OPTIONS 1. Adopt Resolution No. 07 -198 accepting the $40,000 grant for assignment of a police officer to the Metro Gang Strike Force. 2. Return the Resolution to staff for further information. RECOMMENDATION Option No. 1 21 • • JOINT POWERS AGREEMENT CREATING THE METRO GANG STRIKE FORCE This is an agreement between the political sub - divisions and municipalities referenced in Appendix A. and (hereinafter collectively referred to as "the Parties "). WHEREAS, The Parties each have law enforcement agencies (hereinafter collectively referred to as "the Agencies ") with police powers within their respective jurisdictions and these Agencies are responsible for the enforcement of all laws dealing with gang or related criminal violations in their respective jurisdictions; and WHEREAS, The Parties, through their Agencies, wish to form a joint strike force for the purpose of more efficiently and effectively enforcing laws dealing with any and all crimes committed by gangs or for the benefit of gangs by investigating and prosecuting such criminal activity, especially felonies that have the likelihood of being related to gang crime; and; NOW THEREFORE, Pursuant to the authority contained in Minnesota Statutes §471.59, commonly known as the Joint Powers Act, and §299A.641 subd.3, and in consideration of the mutual covenants herein contained and the benefits that each party shall derive hereby, the Parties agree as follows: PURPOSE OF THE AGREEMENT The purpose of this agreement is to establish the Metro Gang Strike Force as an organization to coordinate efforts to prevent gang activity and investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang and to define the rights and obligations of the Parties with respect to the duties and activities performed by the Metro Gang Strike Force throughout the term of the agreement. 2. METRO GANG STRIKE FORCE The Metro Gang Strike Force (hereinafter "MGSF ") is hereby established by the Parties to coordinate efforts to prevent gang activity; and investigate, apprehend and prosecute those individuals engaged in such crimes which could be defined as gang related or crimes committed for the benefit of a gang. Other cities, counties, and public entities may apply for membership in the MGSF by formal application to the Gang and Drug Oversight Council (described herein) and the Commissioner of Public Safety. Submission of an application constitutes agreement by the applicant to all provisions set forth in this agreement and the recommendation of at least one fulltime licensed peace officer to the MGSF. Participation in the MGSF must be recommended by the Gang and Drug Oversight Council and approved by the Commissioner of Public Safety. 3. GOOD FAITH The Parties and the Agencies shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. Metro GSF Final - 1 - 12/08/2005 • 4. TERM OF AGREEMENT /TERMINATION 4.1 The Initial Term of this Agreement shall be for a 12 month and three day period from December 29, 2005 through December 31, 2006. 4.2 This Agreement shall automatically renew each year ( "Renewal Term ") for up to five years unless the MGSF Advisory Board and the Gang and Drug Oversight Council determine adequate funding is not provided by the Minnesota Legislature and /or the Parties to this Agreement. Notice of inadequate funding must be provided to the Parties at least sixty (60) days prior to termination of this agreement. This Agreement will not automatically renew if a majority of the then - current members give written notice to the other Parties of their intent to not renew at least sixty (60) days prior to the end of the then - current Initial Term or any Renewal Term. 4.3 A member may withdraw, within the terms of this agreement, upon sixty (60) days notice to the other Parties. 4.4 Upon withdrawal of a Party, all property of the withdrawing Party shall be returned. A withdrawing Party shall have no claim to any property or assets owned or held by the MGSF. 4.5 In the event that the MGSF is dissolved, all property owned by the MGSF shall be distributed to the Agencies currently participating in the MGSF. The MGSF Board will determine the distribution of property on a pro -rated basis, based upon the length of participation of Agencies and the number of Agency officers assigned to the MGSF. Property of the Agencies or the Parties that had been loaned for use by the MGSF shall be returned to the contributor. 5. MGSF GOVERNING BOARDS 5.1 The Gang and Drug Oversight Council, as established by the act of the 2005 Minnesota Legislature (Minnesota Statute §299A.641), will approve an overall budget for the Metro Gang Strike Force and provide strategic guidance related to the investigation and prosecution of crimes committed by a gang or for the benefit of a gang by the MGSF. Authority, composition and duties of the Gang and Drug Oversight Council is established and defined in Minnesota Statutes §299A.641. 5.2 An Advisory Board (hereinafter "Board "), consisting of the Chief Law Enforcement Officer, or their designee, of each participating Agency will be established to select and supervise the Metro Commander, approve the selection of participating officers, set the priorities for the work of the MGSF and approve all expenditures of the Metro Gang Strike Force. The Board will develop By -laws to address Board operations and specific policies and procedures unique to the MGSF. 5.3 The Board will elect a chair and vice chair from among its members. 5.4 Each agency on the board will have one vote. A simple majority will rule. In the event of a tie vote, the vote of the chair will control. Metro GSF Final - 2 - 12/08/2005 5.5 The Board shall convene on, at minimum, a quarterly basis to review the operations, program business, and status of program goals of the MGSF. The Board has the authority to meet more often if the chair determines it is appropriate. 6. MGSF OPERATIONS 6.1 Daily operation and responsibility for carrying out the operations of the MGSF shall be under the direction and command of the Metro Commander. The Metro Commander will work in cooperation with the Statewide Coordinator. 6.2 The Board will select the Metro Commander and the Metro Commander serves at the pleasure of the Board. The Commander will be expected to provide effective leadership and administrative coordination; direct officer assignments; oversee field operations, foster communication and cooperation with other law enforcement agencies in and outside the geographic region; and identify and facilitate necessary training for MGSF officers. 6.3 The Metro Commander will plan and coordinate case activities and direct investigative activities of the MGSF based on intelligence provided by the Agencies, with priorities as determined by the Advisory Board acting in concert with the strategy, policies and guidance established by the Gang and Drug Oversight Council. 6.4 To protect the integrity of investigations and to ensure that the goals, operations and objectives of the MGSF are properly represented; requests for information by the media will be handled by the Metro Commander or their specific designee in accordance with a media policy established by the Board. 7. FUNDING 7.1 MGSF operational requirements, to include sworn personnel and necessary equipment, will be funded first, to the extent possible, by grants as authorized by the Commissioner of Public Safety upon recommendation of the Gang and Drug Oversight Council, and by any other funding sources recognized by state statute or received by any of the members or Agencies on behalf of the MGSF. 7.2 All assets received through seizure, forfeiture, restitution or fines that are derived from the operation of the MGSF will remain the property of the Strike Force and will be used for the furtherance of MGSF efforts. In cases where the MGSF cooperates with another jurisdiction, such as another task force or local state or federal agency, the Metro Commander and representatives of other agencies will negotiate a split based upon the amount of effort expended in the investigation and will document their agreement. In the case of federal forfeiture actions, established federal rules shall be followed. Policies regarding the collection, reporting, use and disbursement of all MGSF assets referenced above, will be dictated by the Board subject to compliance with applicable laws. 7.3 Participating agencies agree to individually assume any of their remaining Agency funding deficits incurred by the assignment of their Agency personnel or equipment to the MGSF, provided that nothing herein precludes any Agency from contributing funds, equipment, or in -kind services in excess of that necessary to fund its own Metro GSF Final - 3 - 12/08/2005 deficit. Grants funds allocated to each Agency may be used to cover salary, overtime and vehicle costs. 7.4 The Advisory Board shall select a fiscal agent. The Fiscal Agent shall be charged with the responsibility of serving as the depository for MGSF funds, procuring and paying for budgeted services and supplies, as approved by the Metro Gang Strike Force Advisory Board, keeping all financial records and filing required reports in connection with grant funding. The Fiscal Agent shall be responsible for strict accountability of all MGSF funds, and for the reporting of all receipts and disbursements. The Board shall receive a quarterly financial report of all receipts and expenditures and current fund balances from the Fiscal Agent. In addition, the books, records and reports shall be open to inspection by the Agencies at all reasonable times. 8. MGSF PERSONNEL 8.1 The Parties shall recommend licensed peace officers or qualified federal law enforcement officers, as appropriate, and other personnel to the MGSF as agreed upon to carry out its purpose and to perform its responsibilities under this Agreement. Officers must be approved by the Board. 8.2 All personnel assigned to the MGSF ( "MGSF Personnel ") shall remain employees of the agency assigning the personnel and shall not be considered temporary or permanent employees of any of the other Parties or the MGSF for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers compensation, re- employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any other right or benefit of another of the Parties. The Parties acknowledge their individual responsibility to provide all salary compensation and fringe benefits to their employees while performing services on behalf of the MGSF. Benefits may include, but are not limited to, health care, disability insurance, life insurance, re- employment insurance, FICA, Medicare, PERA, vacation, sick leave, and unpaid leave of absences. 8.3 Parties assigning peace officers as MGSF Personnel must provide each peace officer with a vehicle and equipment necessary to perform required police functions. 8.4 As directed by the Metro Commander, MGSF Personnel will be responsible for gang or gang - related prevention activities; directed patrol; and investigations; including intelligence management, case development, and the presenting of cases for charging to the appropriate prosecuting authority. MGSF Personnel may also assist other law enforcement agencies in surveillance and undercover operations. MGSF Personnel will work cooperatively with assisting agencies. 8.5 As authorized by Minnesota Statute §299A.641 subd. 6, law enforcement officers participating in the MGSF have statewide jurisdiction to conduct criminal investigations and have the same powers of arrest as those possessed by a sheriff. 8.6 All MGSF Personnel shall follow rules of conduct and operational guidance developed by the Gang and Drug Oversight Council and any policies and procedures Metro GSF Final - 4 - 12/08/2005 adopted by the Board. Where Agency rules, regulations and policies of the Parties conflict with those established by the MGSF, the Board will be notified and a resolution will be negotiated between the MGSF and the affected Agency. 8.7 The Metro Commander or a designee shall refer disciplinary matters involving MGSF Personnel to the person's originating agency for investigation and disposition unless, based on the judgment of the Metro Commander, or his/her designee, a particular matter represents probable cause for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. The Metro Commander may exclude contributed members from further involvement in the MGSF subject to review by the Board and approval of the contributing agency. 9. LOCATION MGSF activities shall take place out of a central location to be agreed to by the Agencies and with the concurrence of the Gang and Drug Oversight Council. 10. ADVISOR The Board shall designate an attorney to advise the Board and provide civil legal advice to the MGSF, as and if required. 11. DISPUTE RESOLUTION Disputes between MGSF personnel that cannot be resolved among MGSF Personnel shall be referred to the Metro Commander, whose decision shall be final. 12. INSURANCE 12.1 Liability coverage. MGSF will maintain liability coverage with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,000,000 per occurrence, under standard LMCIT liability coverage forms. Alternately, MGSF may maintain equivalent private liability insurance coverage. Such coverage may be provided through separate policies for commercial general liability (CGL), public officials' errors and omissions, and law enforcement liability. All liability insurance policies must comply with the following requirements: • Each policy shall have a limit of at least $1 million per occurrence. If the policy contains a general aggregate limit, the general aggregate limit shall be not less than $2,000,000. • The CGL insurance shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury, and contractually- assumed liability. • Each Party, and each Party's officers, employees, and volunteers, shall be named as additional covered parties on each policy. 12.2 Auto coverage. MGSF shall maintain automobile liability coverage with a limit of not less than $1,000,000 each accident. If such insurance contains a general aggregate limit, the general aggregate limit shall be not less than $2,000,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. Each Metro GSF Final - 5 - 12/08/2005 • • Party, and each Party's officers, employees, and volunteers, shall be named as additional covered parties on the policy. 12.3 Property coverage. MGSF will maintain all risk property coverage for full replacement value on property owned by MSGF. The insurer shall waive subrogation against any Party. 12.4 Workers compensation. If MGSF at any time hires employees, MGSF will immediately acquire and maintain workers compensation coverage. 13. INDEMNIFICATION AND WAIVER MGSF waives any claim against any Party for damage to MGSF's property or injury o MGSF's employees, even if that damage or injury was caused by the negligence of the Party or the Party's officers, employees, or volunteers. Each Party waives any claim against MGSF or against any other Party for damage to the Party's property or injury to the Party's employees, even if that damage or injury was caused by the negligence of the other Party or the Party's officers, employees, or volunteers. 13.2 MGSF will defend and indemnify any Party against any claims brought or actions filed against the Party or their respective officers, employees, or volunteers, for injury to, death of, or damage to the property of any other person or persons, arising from decisions of the MGSF Board or from any operations for which MGSF is responsible. Any Party, officer, employee or volunteer subject to such claim shall provide complete disclosure and cooperation in the defense of the claim. 13.3 In the event that the total liability of the MGSF, its Parties, and their officers, employees, and volunteers for claims arising from the activities of the Task Force should exceed the coverage limit or in the event of liability that is not covered by the MGSF's coverage, the parties agree to share that excess or uncovered liability equally; but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. Nothing in this agreement shall be construed as a waiver by the MGSF or by any Party of any applicable liability limit, immunity, or defense. This expressly includes the provisions of Minnesota Statutes Chapter 466 and any other applicable state or federal statute or case law It is understood and agreed that each Party's liability shall be limited by the provisions of Minnesota Statute Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. In the event of any claims or actions filed against the MGSF and/or any individual Party for any operations for which the MGSF is responsible, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate statutory liability caps from the MGSF and/or individual Parties. The MGSF is intended as a separate liability entity which limits the liability of individual Parties. 14. NOTICE Metro GSF Final - 6 - 12/08/2005 • • • Any notice to be given under the terms of this Agreement shall be made by personal delivery or by first class mail to the Chief Law Enforcement Officer of each participating agency. 15. EFFECTIVE DATE This Joint Powers Agreement will become effective upon the date of execution of a participating Agency by their duly authorized official, but in no event prior to December 29, 2005. 16. ADDITION AND REMOVAL OF PARTIES LISTED IN APPENDIX A Appendix A to this Agreement lists the Parties and contains signatures of representatives of each Party. Appendix A may be amended by the Board, upon recommendation of the Gang and Drug Oversight Council and approval of the Commissioner of Public Safety, without additional signatures by representatives of the Parties. Amendments to Appendix A may be made only to add additional parties or remove withdrawing parties. IN WITNESS THEREOF, the parties listed in Appendix A to this Agreement, by action of their governing bodies, or their authorized designees, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. Metro GSF Final - 7 - 12/08/2005