HomeMy WebLinkAboutResolution 8529 RESOLUTION NO. 8529
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE RAMSEY COUNTY SHERIFF'S SPECIAL WEAPONS AND
TACTICS (SWAT) TEAM JOINT POWERS AGREEMENT (JPA)
WHEREAS, The Ramsey County Sheriff's Department operates a Special
Weapons and Tactics (SWAT) Team, and;
WHEREAS, The purpose of the SWAT Team is to provide joint responses to
critical incidents such as barricaded suspects, standoffs with armed individuals, hostage
situations and high risk entries while serving warrants, and;
WHEREAS, This specialized team is comprised mainly of deputies with the Sheriff's
Department as well as officers from the Maplewood Police Department, the White Bear
Lake Police Department and the Mounds View Police Department, and;
WHEREAS, The joint powers agreement addresses the purpose, membership,
operations, deployment and liability concerns for all parties serving on the SWAT Team,
and;
WHEREAS, Legal counsel from each participating city, Ramsey County, and the
League of Minnesota Cities have all reviewed and approved the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota to approve the attached Ramsey County
Sheriff's Special Weapons and Tactics Team joint powers agreement.
Adopted this 14th day of March 2016.
Joe Flaherty, Mayor
ATTEST: 41;:pk,
Jim Ericson, City Administrator
_fes -
1
•
,• ';\v
V
••••.:• .; it
i
RAMSEY COUNTY SHERIFF'S SPECIAL WEAPONS
AND TACTICS TEAM
JOINT POWERS AGREEMENT
The Parties to this Agreement are the City of Maplewood, the City of White Bear
Lake, the City of Mounds View, and the County of Ramsey (collectively, "Parties").
The Parties are all units of government responsible for critical incident response in
their respective jurisdictions. This Agreement is made pursuant to the authority
conferred upon the Parties by Minn. Stat § 471.59. This Agreement shall become
effective only upon the approval and execution hereof by duly authorized officials
of all of the Parties.
NOW, THEREFORE, the undersigned Parties, in the joint and mutual exercise of their
powers, agree as follows:
1. Purpose
1 .1 The purpose of this Joint Powers Agreement ("Agreement") is to
formally create and establish the Ramsey County Sheriff's Special
Weapons and Tactics Team ("RC-SWAT" or "Team") as an
organization to coordinate efforts to develop and provide joint
responses to critical incidents or high risk entries where there is a risk
of criminal violence, occurring within and outside of the Parties'
jurisdictions.
1 .2 It is the intent of the parties that the RC-SWAT does not
constitute a separate entity under Minnesota law.
2. Budget and Finance
2.1 The Ramsey County Sheriffs Office ("RCSO") shall provide a budget for
basic operations of the RC-SWAT. The RCSO shall provide budgeting and
accounting services as necessary or convenient for the RC-SWAT. Such
services shall include but not be limited to: management of funds, payment
for contracted services and other financial obligations set forth in this
Agreement, and relevant bookkeeping and record keeping.
2.2 The Parties will provide basic uniforms and equipment for their Team
members. Parties may lend or provide additional equipment to RC-SWAT,
as they are able.
2.3 The RC-SWAT does not have the authority to seize property for purposes
of Minn. Stat. §§ 609.531-.5318.
#207943 1
2.4 All property and cash monies obtained through forfeiture that are derived
from RC-SWAT operations shall remain the property of the law enforcement
agency of record where the operation occurred.
3. Team Leaders
3.1 The Ramsey County Sheriff shall appoint a Team Commander to lead the
RC-SWAT.
3.2 The Team Commander shall appoint an Executive Officer.
3.3 The Team Commander and Executive Officer shall appoint POST-licensed
peace officers to serve as RC-SWAT Team Leaders.Appointment as a Team
Leader pursuant to this Agreement shall not obligate any Party to pay to its
employees so appointed supervisory or other premium pay except as
provided by the collective bargaining Agreement between the Party and its
employees.
3.4 Team Leaders appointed to the RC-SWAT at all times will remain
employees of the leaders' own jurisdictions and will not be employees of the
RCSO or the RC-SWAT.
3.5 Team Leaders shall be the liaison between the Team members and the
Team Commander or Executive Officer when a RC-SWAT team has been
deployed pursuant to this Agreement. Team leaders may fill the role of
Team Commander or Executive Officer when asked to do so by the Team
Commander or the Executive Officer.
4. Team Members
4.1 The chief law enforcement officer of each Party approves POST-licensed
peace officers from their law enforcement agency who meet the minimal
qualifications, as set by the Team Commander, to test for the RC-SWAT.
The testing process is to select the best peace officers for the position
regardless of members' own jurisdictions. As a result of the competitive
process, an agency participating may not have a peace officer on the Team.
Appointment as a Team Member pursuant to this Agreement shall not
obligate any Party to pay its employees so appointed any premium pay
except as provided by the collective bargaining Agreement between the
Party and its employees.
4.2 Team Members appointed to the RC-SWAT will at all times remain
employees of the Members' own jurisdictions.
4.3 Team members appointed to the RC-SWAT may be removed from RC-
SWAT by the Team Commander based on performance, safety,
participation, and RC-SWAT Policy regardless of the members' own
jurisdictions.
#207943 2
5. Operations
5.1 Training. The Team Commander shall be responsible for arranging
training events for Team Leaders and Team Members, consistent with
the National Tactical Officers Association (NTOA) standards. The Team
Commander shall also be responsible for maintaining records of the
training received by Team Leaders and Team Members as well as
records of all other activities undertaken by the Team Commander,
Executive Officer, Team Leaders, and Team Members pursuant to this
Agreement.
5.2 Deployment
5.2.1 Definitions and Controlling Law. A Party to this Agreement may
request assistance from RC-SWAT. A Party requesting assistance is
the "Requesting Party" or "Receiving Party." The Parties that
compose RC-SWAT are the "Responding Parties." Requests for
assistance by Parties to this Agreement are governed by Minn. Stat.
§ 12.331, except as modified by this Agreement.
5.2.2 Requests for Assistance by Parties. Whenever a Party
determines that conditions within its jurisdiction require
specialized support in handling critical field operations, where
intense negotiations or special tactical deployment methods
appear to be necessary, the Party may request that the Ramsey
County Sheriff or his or her designee deploy RC-SWAT to assist
the Party. Upon a request for assistance, RC-SWAT may be
dispatched to the Requesting Party's jurisdiction, in accordance
with RC-SWAT policy. The Team Commander or Executive Officer
shall notify the Chief Deputy of the RCSO of any request for
assistance. No Party or individual member of RC-SWAT shall incur
any liability based upon a refusal to respond. In addition, once
deployed, the Team Commander or Executive Officer may at any
time and in his or her sole judgment recall the Team. The decision
to recall a Team deployed pursuant to this Agreement will not
result in liability to any Party or to the Team Commander or
Executive Officer who recalled the Team.
5.2.3 Direction and Control. Personnel and equipment provided pursuant
to this Agreement shall remain the personnel and property of the Party
providing the same. The Requesting Party will be in control of the
scene. The Team will not engage in any controlled offensive
action without the express authorization of the chief law
enforcement officer (CLEO) of the Requesting Party, or the
CLEO's designee, or a district court-approved search warrant with
a "no-knock" authorization. Nothing in this provision shall limit the
Team Commander's ability to establish Team Member protocol to
#207943 3
take emergency action in response to immediate threats to officer
or public safety in accordance with law.
5.2.4 Compensation. When the RC-SWAT provides services to a
Requesting Party, the Team Members of the RC-SWAT shall be
compensated by their respective employers just as if they were
performing the duties within and for the jurisdiction of their employers.
No charges will be levied by the RC-SWAT or by the Parties for
specialized response operations provided to a Requesting Party
pursuant to this Agreement unless that assistance continues for a
period exceeding 24 continuous hours. If assistance provided
pursuant to this Agreement is reimbursable by an outside source, any
Party whose officers provided assistance for the RC-SWAT may
submit itemized bills for the actual cost of any assistance provided,
including salaries, overtime, materials and supplies, to the RC-SWAT
Team Commander. The RC-SWAT shall submit the invoices to the
reimbursing entity. The reimbursing entity shall reimburse the RC-
SWAT for the actual cost, and the RC-SWAT shall forward the
reimbursement to the Responding Party.
5.2.5 Workers' Compensation. Each Party to this Agreement shall be
responsible for injuries to or death of its own employees in connection
with services provided pursuant to this Agreement. Each Party shall
maintain workers' compensation coverage or a program of self-
insurance, covering its own personnel while they are providing
assistance as a member of the RC-SWAT. Each Party to this
Agreement waives the right to sue any other Party for any workers'
compensation benefits paid to its own employee or their dependents,
even if the injuries were caused wholly or partially by the negligence
of any other Party or its officers, employees, or agents.
5.2.6 Damage to Equipment. Each Party shall be responsible for damage
to or loss of its own equipment occurring during deployment of the
RC-SWAT. Each Party waives the right to sue any other Party for
any damages to or loss of its equipment, even if the damages or
losses were caused wholly or partially by the negligence of any other
Party or its officers, employees or agents.
5.2.7 Liability
5.2.7.1 The intent of this section is to impose on each Requesting
Party a limited duty to defend and indemnify Responding
Parties for claims arising against the Responding Parties
subject to the limits of liability under the Minnesota
Municipal Tort Liability Act (Minn. Stat. Ch. 466). The
purpose of creating this duty to defend and indemnify is to
simplify the defense of claims by eliminating conflicts
#207943 4
among defendants, and to permit liability claims against
multiple defendants from a single occurrence to be
defended by a single attorney.
5.2.7.2 A Requesting Party shall defend, indemnify and hold
harmless the Responding Parties, their employees,
officers, and elected and appointed officials for injury to,
death of, or damage to the property of any third person or
persons, arising from the performance and provision of
assistance in responding to a request for assistance by a
Requesting Party pursuant to this Agreement, subject to
the limits of liability under Minnesota Statutes Chapter 466
and other applicable law, rule, and regulation, including
common law.
5.2.7.3 For purposes of the Minnesota Municipal Tort Liability Act,
the employees and officers of the Responding Parties are
deemed to be employees (as defined in Minn. Stat.
§ 466.01, subd. 6) of the Requesting Party, but only for
purposes of addressing liability under this Agreement.The
employees of the Responding Parties shall not be
considered employees of the Requesting Party for any
other purpose.
5.2.7.4 Under no circumstances shall a Party be required to pay on
behalf of itself and other Parties any amounts in excess of
the limits on liability established in Minn. Stat. Ch. 466
applicable to any one Party. Pursuant to Minn. Stat.
§471.59, subd. 1 a., the limits of liability for some or all of
the Parties may not be added together to determine the
maximum amount of liability for any Party or Requesting
Party. In addition to the foregoing, nothing herein shall be
construed to waive or limit any immunity from, or limitation
on, liability available to any Party, whether set forth in
Minnesota Statutes, Chapter 466, or otherwise.
5.2.7.5 Consistent with Minn. Stat. § 466.07, nothing herein shall
be construed to require provision of defense or
indemnification to an officer, employee, or volunteer of any
member for any act or omission for which the officer,
employee, or volunteer is guilty of malfeasance in office,
willful neglect of duty, or bad faith.
5.2.8 Aid to Non-Parties
5.2.8.1 Definitions and Controlling Law. A political subdivision
that is not a Party to this Agreement may request
#207943 5
assistance from RC-SWAT. A non-party political
subdivision that requests assistance is the "Requesting
Political Subdivision" or "Receiving Political Subdivision"
as those terms are used in Minn. Stat. § 12.331. The
Parties that compose RC-SWAT are the "Sending Political
Subdivisions" as that term is used in Minn. Stat. § 12.331.
Requests for assistance by other political subdivisions are
governed by Minn. Stat. § 12.331.
5.2.8.2 Upon a request for assistance from a political
subdivision that is not a Party to this Agreement, RC-
SWAT may be deployed to such Requesting Political
Subdivision, provided that the Ramsey County Sheriff or
his or her designee has consented to such deployment.
No Party or individual member of RC-SWAT shall incur
any liability based upon a failure to provide assistance.
Upon deployment, the Requesting Political Subdivision,
will be in control of the scene. The Team will not engage
in any controlled offensive action without the express
authorization of the chief law enforcement officer
(CLEO) of the Requesting Political Subdivision, or the
CLEO's designee, or a district court-approved search
warrant with a "no-knock" authorization. Nothing in this
provision shall limit the Team Commander's ability to
establish Team Member protocol to take emergency
action in response to immediate threats to officer or
public safety in accordance with law.
5.2.8.3 Liability and responsibility for use of personnel,
equipment, and supplies, resulting from the provision of
assistance to a Receiving Political Subdivision shall be
allocated in the same manner as provided by
Minnesota Statutes § 12.331, subd. 2, i.e., any Party to
this agreement assumes the same liability as a Sending
Political Subdivision and the non-party assumes the
same liability as a Receiving Political Subdivision.
6. Term. The term of this Agreement shall begin upon execution of this
Agreement by all Parties. This Agreement shall continue in effect until terminated
in accordance with its terms.
7. Withdrawal and Termination
7.1 Withdrawal. Any Party may withdraw from this Agreement upon six (6)
months' written notice by first-class mail to the other Parties. Withdrawal
by any Party shall not terminate this Agreement with respect to any Parties
#207943 6
who have not withdrawn. Withdrawal shall not discharge any liability
incurred by any Party, its employees, officers, and elected and appointed
officials prior to withdrawal. Such liability shall continue until discharged
by law or agreement.
7.2 Termination. This Agreement shall terminate upon the occurrence of any
one of the following events: (a) when necessitated by operation of law or as
a result of a decision by a court of competent jurisdiction; (b)when a majority
of the then-existing Parties agrees to terminate the Agreement upon a date
certain; or(c)when the Ramsey County Sheriff, in his or her sole discretion,
decides to terminate this Agreement.
7.3 Effect of Termination.Termination shall not discharge any liability incurred
by any Party, its employees, officers, and elected and appointed officials
during the term of this Agreement.
8. Miscellaneous
8.1 Amendments. This Agreement may be amended only in writing and upon
the consent of each of the Parties' governing bodies.
8.2 Counterparts. This Agreement may be executed in two or more copies,
each of which shall be deemed an original, but all of which shall constitute
one and the same instrument. Counterparts shall be submitted to the
Ramsey County Sheriff.
8.3 Additional Parties. Upon the consent and approval of the existing Parties
to this Agreement and their governing bodies, any other municipality
operating within Ramsey County may become a Party to this Agreement,
upon approval of that municipality's governing body, adoption of a resolution
by the municipality's governing body, execution of this Agreement, and
submission of a copy of the signed Agreement with Ramsey County.
#207943 7
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date
this Agreement is signed by the Parties as written below.
FOR THE CITY OF MAPLEWOOD
Approved:
Paul P. Schnell, Chief of Police
Date:
Approved:
Nora Slawik, Mayor
Date:
Approved:
Karen Guilfoile, City Clerk
Date:
Approved as to Form:
By:
Alan Kantrud, City Attorney
Date:
Designee for purposes of receipt of Notice:
Title:
Address:
[SIGNATURE PAGES FOLLOW]
#207943 8
FOR THE CITY OF MOUNDS VIEW
Approved:
Thomas Kinney, Chief of Police
Date:
Approved: �,,,,,, .-A6"---"--
oe Flaherty, Mayor
Date: !'`!/% (v
Approved: 6`^'w44---L4�
James Ericson, City Administrator
Date: 3 //4/ 7110
Approved as to Form: / /
By: ��f1i/!1%
/ .Ilidlirr
Sc. J. R .0s—'.• / torn- .
Date:
Designee for purposes of receipt of Notice:
Title:
Address:
[SIGNATURE PAGES FOLLOW]
#207943 9
FOR THE CITY OF WHITE BEAR LAKE
Approved:
Julie Swanson, Chief of Police
Date:
Approved:
Jo Emerson, Mayor
Date:
Approved:
Ellen Richter, City Clerk
Date:
Approved as to Form:
By:
Roger Jensen, City Attorney
Date:
Designee for purposes of receipt of Notice:
Title:
Address:
[SIGNATURE/PAGES FOLLOW]
#207943 10
FOR THE COUNTY OF RAMSEY
Approved:
Jim McDonough, County Board Chair
Date:
Janet Guthrie, County Board Acting Chief Clerk
Date:
Approval recommended:
Matthew Bostrom, Sheriff
Date:
Approved as to Form:
By:
Kimberly Parker, Assistant County Attorney
Date:
Designee for purposes of receipt of Notice:
Title:
Address:
#207943 11