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HomeMy WebLinkAboutRES 80-027 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE REVISED INTER-AGENCY SPECIAL INVESTIGATION SQUAD (I.S.I.S.) AGREEMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioznz Box: 23 Folder: RES 1980 Document: RES 80-027 RESOLUTION AUTHORIZING THEMAYORTO EXECUTE THE REVISED INTER-AGENCY SPECIAL INVESTIGATION SQUAD (1.5.1.5.) AGREEMENT 1 1 RESOLUTION 80-027 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE REVISED INTER-AGENCY SPECIAL INVESTIGATION SQUAD (I .S.I.S . ) AGREEMENT. WHEREAS, revisions in the I .S.I .S.. agreement were proposed by the City of Golden Valley; WHEREAS, the St. Anthony City Council finds them acceptable; NOW, THEREFORE, BE IT RESOLVED that the Mayor is -authorized to execute the revised I .S.I.S. agreement on behalf of the City. Adopted this 8tliaay of April , 1980 . Mayor ATTEST: City Clerk Reviewed for Administration: Ci Manager ' 11 Jrb JOINT POWERS AGREEMENT • FOR INTER-AGENCY SPECIAL INVESTIGATION SQUAD THIS -IS AN AGREEMENT made .and entered into this 1st day of January, 1980, by and among the undersigned cities and counties through the action of their governing bodies, in accordance with the Joint Powers Act, Minnesota Statutes, Section 471.59. WITNESSETH: WHEREAS asingle city or county rarely has adequate staff .or other resources to conduct the thorough and prompt investigation required for the expedient solution of very. com- plicated and time consuming major crimes; and S WHEREAS p j perpetrators of major crimes oaten =lee to, ana take refuge in, cities and counties other .than those- in which the crimes have been committed; and WHEREAS-, witnesses and otherl' pieces of evidence of these major crimes are often found ' in more than one city or county; and WHEREAS, the commission of a major crime in any city or county poses a threat to the safety, health and .welfare of the , residents of the entire surrounding area; and WHEREAS, a pooling of resources in a combined investigative action by neighboring cities and counties can result in the expedient solution of major crimes;- and WHEREAS, Minnesota Statutes, Section 412.221 regarding istatutory cities, Chapter 410 regarding home rule charter cities and Section 387.03 regarding County Sheriffs ' grants to the undersigned .cities and counties the separate power to provide for the government and good order of their cities and counties, ' for the prevention of crime, . for the protection of public and private property, and for the promotion of the health, safety and welfare of their residents; and WHEREAS, the Joint Powers Act, 'Minnesota Statutes .Section 471.59, pernits cities and counties to jointly and cooperatively exercise any powers common_ to the parties, including those powers which are the sane except for the territorial limits in which they may be exercised. NOW. T1,REFORE, in consideration of the mutual terms and conditions contained -herein, the parties hereto agree as follows: 1. Inter Agency Special Investigation Squad. There is hereby created the Inter-Agency Special Investigation Squad which shall be comprised of police personnel from the police agencies of the undersigned cities and counties and the .purpose of which shall be to conduct special case investigations within such cities and counties as provided herein. ° 2. Parties. The original parties to this Agreement shall consist of- those cities and counties in the Minneapolis-St. Paul Metropolitan Area which have elected to become parties through the adoption of resolutions by their governing bodies and which have caused their authorized officials to execute this Agreement on their behalf the day and year first above written and to attach a certified copy of the resolution indicating its manner of adoption. In addition, other cities and counties in the Minneapolis-St. Paul Metropolitan Area -may become -parties through the adoption of resolutions by their governing bodies and their approval as parties by the Board of Directors of the Squad as provided herein. Upon the adoption of such resolution by. any eligible city and county and approval by the Board, this Agreement shall be submitted to such- city or county for execution by its lawfully authorized official. Such official shall also attach to " this Agreement a certified copy of the resolution indicating its manner of adoption. 3. Board of' Directc�L_s . °17;,e O-quad .shall be. governed by a Board of Directors comprised of the heads of each police agency of those eligible cities and counties which adopt this Agreement and which are approved as parties. The Board shall adopt and may amend by-laws and other rules, shall determine all major policies and procedures and shall resolve any conflicts which may arise in the operation of the Squad. The Board shall meet on the first working Monday of January and July of each year and at such other times upon the call of the Chairman who shall give due notice of the calling of such special-'me.eting to each director. Consider- ation of applications by cities and counties and other 13oard actions may be taken at any regular or special meeting and any action taken by the Board shall require a majority vote of those directors present and voting at any meeting., No .business may be � . conducted by the Board in the absence of 'a quorum consisting of at `'least one more than half of all directors. In the event of illness or other good cause , a director may designate a subordinate ,officer from the same city or county to represent him with full powers of substitution at any meeting of the Board of Directors. . 4. Executive Committee. At its January meeting, the Board of Directors shall elect an. Executive Committee consisting of a Chairman., Vice-Chairman, Secretary-Treasurer and two members- at-large, all- of whom shall be directors. The Executive Committee shall appoint a Team Commander and the various other command and supervisory officers from among Squad personnel and shall regulate the day-to-day activities of the Squad with full power to remove • indi�"d"�.' ^Ff' e,-S from the Squad. The Executive Committee shall meet on the first working ,Tuesday of each month and, except as provided herein, shall retain final authority for the assignment or. Wi'thdrawa-1 of. the Sguad .'from any case. The Executive Committee shall also have such powers and duties as are consistent with-.the law and which are provided in the bylaws or which shall be delegated to it by the Board of Directors from time to time. 5. Personnel. The personnel of the Squad shall consist of those police -employees from each city and county who are appointed by the heads of each police agency to serve on the Squad and who are duly qualified to so serve. Requirements concerning the qualifications, operations and responsibilities of the Squad personnel shall be provided in the bylaws or such other rules and regulations as are adopted by the Board. 6. -Activation of Squad. The head of each police agency or his designee from any party to this Agreement, in which a major . crime has recently been committed, may request the assistance of the Squad by contacting the Squad Commander (or his deputy in his - absence) , who shall evaluate the request and convey it to any member of the Executive Committee. Such member of the Executive Committee shall have the discretion to either deny the request or* activate the Squad. In the event the Squad Commander cannot contact any member of the Executive Committee after reasonable efforts, he shall have the discretion to either deny the request or activate the Squad. The members of the Executive Committee • wayiry a Y►cc�vi ii y v�i`%� OJcrrule i.i-iC ac'- on of `.;ic aue1:� .: above or of the. Squad Commander concerning the decision to activate the squad. The Squad Commander shall at all times consult with, and be subject to, the authority of the ranking officer of the local jurisdiction in which Squad operations- are being conducted. Any conflicts between the Squad Commander and local ranking officer shall be resolved by the Executive Committee; provided, however, that the requesting agency has the absolute authority at all times to order the Squad to cease its operation and to withdraw therefrom. 7. Disbursements. Squad funds may be expended as -far as practicable in accordance with the procedures established by law for expenditure of funds by the parties to this agreement. Contracts shall be let and purchases made in accordance with the laws appli- cable to the parties to this agreement. 8. Funds. The Board may accept gifts, apply for and use grants or loans of money or property from members or other govern- mental units,. or organizations and may enter into. agreements , required in connection therewith and may hold, use, and dispose of such monies or properties in accordance with the terms of the gift, grant or loan agreement relating thereto. It may accept voluntary contributions from its members if the members determine that unusual circumstances warrant their providing financial support to the squad, but the Board shall have no taxing power. : . It- may accumulate reserve funds and may invest and reinvest . its . • funds fiat neeu Cif for cu rent. opc:- i::7 .. :pe:.sca _ . 4.. subject to the limitations applicable by law to the parties to this agreement. The Board may not incur obligations. in excess of funds then available to it. 9. Responsibility and Indemnification. A. For the purpose of this .paragraph, the following terns shall have the meanings given them herein: a) - "Sending Agency" means each governmental unit contributing police personnel to the Squad . in accordance with Section 5 of this Agreement. b) "Receiving Agency" means each governmental • unit receiving assistance from- the -Squad in accordance with Section .6 of this Agreement B. Except as provided herein and ' in. the bylaws, any police personnel conducting activities here- under as members of the Squad shall remain under the director and control of the sending agency by whom such police personnel is employed. Each sending agency hereby agrees to indemnify and hold harmless the other parties to this agreement 'frorl - i any claim, or cause of action for personal injury, property damage or other tortious acts or emissions which are caused or occasioned by the sending agency's police personnel while in performance of squad functions: 10.- Status of Employees. Any employee detailed by a sending agency as defined in. Section 9 of this agreement shall remain the employee of such sending agency for purposes of position classification, pay and allowances, vacation and sick _leave policies; pension, retirement and disability plans , except . as otherwise authorized by this agreement or by law, An employee who participates in any assign,-lent pursuant to this agreement who suffers disability or death as a result of personal injury arising- out of and in the course of such assignment, or sustained in performance of duties in connection therewith, shall be treated, for purposes of the sending agency ' s employee compensation program, • as an employee,; who has sustained such injury in the performance- of such duty, but shall .not receive benefits for any period for which-he is entitled to and elects to receive similar benefits under the receiving agency's employee compensation plan. 11.' Duration. This Agreement shall be effective as of the date hereof for the original parties hereto and shall be effective as of the date of execution for any additional parties. who may be added from time to time as provided herein.* Any party may withdraw from this Agreement at any- time upon thirty (30) days ' written notice delivered or . mailed to the Chairman. . 12. Distribution of Assets. Any property or surplus monies acquired as the result of the organization and operation of the Squad shall be distributed to the parties upon' the termination of this Agreement in exact proportion to their contribution of such property or monies. In addition, any party which withdraws from this Agree-ment prior to its termination shall be entitled to the return of any property which it has contributed, or the cash equivalent thereof,, and to a proprotionate share of any surplus monies. ' IN WITNESS WHEREOF, the undersigned cities and counties have caused this Agreement to be executed on its behalf by its duly authorized officials the day and year below written. i I Dated: By Its- Dated: ts-Dated: BY Its Dated: By Its Dated: BY Its Dated: By Its, Dated: By. Its Dated: By Dated: BY Its Dated: By, Its Dated: BY Its Dated: By Its . Dated.: By Its Dated: BY •. Its