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HomeMy WebLinkAboutRES 83-020 RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA POLICE RECRUITMENT SYSTEM Meeting Sheet 11111 VIII VIII VIII 1..11 VIII I11. .11. 102537 Box: 23 Folder: RES 1983 Document: RES 83-020 RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA POLICE RECRUITMENT SYSTEM l ` RESOLUTION 83-020 A RESOLUTION AUTHORIZING PARTICIPATION IN • THE .MINNESOTA POLICE RECRUITMENT SYSTEM WHEREAS , the City of St. Anthony is authorized by Minnesota Statutes 471 . 59 to enter into joint and cooperative agreements with other governmental units ; and WHEREAS , the City currently is a member of the Suburban Police Recruitment System (SPRS) , a joint powers organization formed to recruit candidates for entry-level police positions in the coopera- ting governmental units and to assist the cooperating governmental units .in_eva'luating-. candidates_ for" !these,"positions ; and WHEREAS , it now has been proposed that the SPRS be reformed on a state-wide basis , and a Joint and Cooperative Agreement accomplish- ing such a reformation has been presented to and reviewed by this City Council; and WHEREAS , this Council- has determined that it will be advantageous to the City to participate in the reformed organization; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota, as follows : 1. Dissolution of the SPRS hereby is requested, with all assets of the SPRS to be transferred to the newly-formed Minnesota Police Recruitment System (MPRS) . 2 . The Mayor and the City Manager are authorized to execute, on be- half of the City, the Joint and Cooperative Agreement which establishes- the MPRS and which provides for City participation therein. 3. Donald Hickerson and David Childs are hereby designated as the City 's initial Director and Alternate Director, - respectively , in the MPRS . 4 . The City Clerk hereby is directed to file a duly executed copy of the Joint and Cooperative Agreement as provided therein, together with a certified copy of this Resolution. Adopted this g day of Fe-h r u C&; r ./ 19 83 . Mayor I certify that this is a true and accurate copy of St. Anthony "co ATTEST: ",, City Clerk o2�/i�Fl • Date Reviewed for administration: C � 1 '�� �.,V►'�X City Manager SUBURBAN POLICE RECRUITMENT SYSTEM 109-S. BUSHAWAY ROAD •WAYZATA, MINNESOTA 55391 • SUITE 220• PHONE(612)475-1771 MEMO TO: All SPRS Members FROM: Larry Thompson, Consultant to the SPRS SUBJECT: Proposed Joint Powers Agreement Reforming the SPRS on a Statewide .Basis The purpose of this memorandum is to provide you background information on the enclosed joint powers- agreement, which would reform the SPRS on a statewide basis . In particular, I will try to highlight the differences between this agreement and the agreement which originally established the SPRS . Structure of the System (Articles I, II and III) The first obvious change, of course, is that the new System • would be formed on a statewide basis. Membership would not be limited to suburban, metropolitan communities. Thus , the name change to - the Minnesota Police Recruitment System (MPRS) . A second change is the broadening of membership -to include non-municipal law- enforcement agencies which have positions comparable to that of a police officer.' It is assumed that these agencies primarily would be "joint powers" police departments and sheriff 's departments which provide community police services. In no case could any governmental unit be admitted to membership until it has been determined that the validity of the System' s evaluation process would not be impaired (Section III-4) . Role of the Board of Directors (Articles IV, V and VI) Under the proposed agreement a significant amount of authority would flow through the Board of Directors to the Executive Committee. However, certain authority could not be delegated by the Board (Section VI-6) , and the flow of authority to the Exective Committee could be restricted or conditioned in any manner which the Board deems appropriate. These provisions closely parallel the SPRS Board ' s emergency resolution Bele- gating authority to the Executive Committee. • The proposed agreement also compensates for the problems which • have been experienced in holding SPRS Board meetings. The - MPRS Board of Directors would meet on a regular. basis only once per year, at which time they would adopt a budget for the following year, elect the Executive Committee., and take any other necessary action. A quorem of' the MPRS Board would be the representatives of ten members. Role of the Executive Committee (Articles VII , VIII and IX) Under the proposed agreement the Executive Committee would be responsible for day-to-day operations of the MPRS, rather than the .Board of Directors._ While a greater amount of authority thus is delegated to the Executive Committee major "checks upon the Committee become the System' s budget and the restric- tions or conditions placed upon the Committee by the Board. The Executive Committee would be expanded to nine members , who would reflect the "geographic balance" of the MPRS. Wording also has been added to the agreement to insure a continuous membership on the Executive Committee, as this will become critical. • Election of Officers (Article X) The officers of the MPRS would be the same as for the SPRS, except that the Executive Committee could appoint a Deputy Secretary-Treasurer. Under the proposed agreement the Board would elect an Executive Committee, and the Committee itself then would elect MPRS officers. Provisions also have been made to insure the continuity of officers. Administrative Provisions (Remaining Articles) There are few changes in remaining sections of the proposed agreement. Those changes which were made resulted from problems that have occurred under the present agreement. For example , Section XI-4 provides for the termination of a member which has not paid an amount due the MPRS, and Section XIII-1 clarifies how a member may withdraw from the MPRS -2- SUBURBAN POLICE RECRUITMENT SYSTEM 109 S. BUSHAWAY ROAD •WAYZATA, MINNESOTA 55391 SUITE 220• PHONE(612)475-1771 _ January 3 , 1983 Dear SPRS Member: Enclosed are two copies of the joint powers agreement which would reform- the SPRS on a statewide basis. Also enclosed is a memorandum from Larry Thompson explaining this agreement and a sample resolution for its adoption in your community. These materials are being sent to only one person within each community, so please see that they receive the proper distribu- tion. • The enclosed agreement represents several months' effort on part of the 'SPRS. This agreement is being recommended for your approval by a unanimous vote of the SPRS Board of Directors. It also has been approved by the System' s attorney, Clayton LeFevere. Please note that a resolution approving the enclosed agreement must be adopted by your community prior to March 1st. A fully executed copy of this agreement, together with a certified copy of the resolution, also must be received in the SPRS offices by March 1st. If you have any questions regarding this matter, please feel free to contact either Larry Thompson or me. Very truly yours, ?James Lacina SPRS President % .• JOINT AND COOPERATIVE AGREEMENT MINNESOTA POLICE RECRUITMENT SYSTEM PREAMBLE. The parties hereto are governmental units of the State of Minnesota. This agreement is made and entered into pur- suant to Minnesota Statutes §471.59. I. General Purpose. The general purpose of this agreement is to establish and provide the operating framework for a joint powers organization which will recruit candidates for entry-level police positions and other comparable law enforcement positions for the cooperating governmental units . and which will assist the cooperating governmental units in evaluating candidates for these positions. II . Definitions. For the purposes of this Agreement, the following words and terms shall have the meanings given them herein: Section 1. Board of Directors; Board - the Board of Directors 'of the Minnesota Police Recruitment System. Section 2. ' Executive Committee; Committee - the Executive Committee of the Minnesota Police Recruitment System. Section- 3. Member - any governmental unit which has entered. into this agreement and which is in compliance with the provi- sions hereof.. Section 4. Minnesota Police Recruitment System (MPRS) - the joint powers organization established. pursuant to this agreement. r _ III . Membership. Section 1. Any governmental unit in the State of Minnesota which provides police services or other comparable law enforce- , ment services shall be eligible to become a member of the MPRS. Section 2. Charter members of the MPRS shall be those governmental units which join the organization prior* to March 1, 1983, and which at that time are members of the Suburban Police Recruitment System (SPRS) or have valid contracts for services with the SPRS. Section 3. Any governmental unit eligible to become a charter member of the MPRS may indicate its desire to do so by filing a duly executed copy of this agreement with the Suburban Police Recruitment System, 109 South Bushaway Road, Wayzata, MN 55391. Said agreement shall be accompanied by a certified copy of a resolution adopted by the governing body of that governmental unit authorizing execution of this agreement and designating that unit 's initial Director and Alternate Director. This agreement shall become effective when it has been duly executed by ten eli- gible governmental units and when copies of the agreements from these units have been filed as set forth herein. Section 4. Governmental units desiring to join the MPRS on or after March 1, 1983, shall be admitted upon a 'favorable vote of the Executive Committee. However, no governmental unit shall be admitted to membership until the Executive Committee has determined that such admission would not be likely to result in ' impairing the validity of the MPRS evaluation process. The Board -2- of Directors and the Executive Committee may impose such other conditions upon the admission of members, other than charter mem- . -, bers, as either deems appropriate. IV. Board of Directors . Section 1. The governing body of the MPRS shall be its Board of Directors. Each MPRS member shall be entitled to appoint one Director to the Board, who shall have one vote. Each member also shall be entitled to appoint one Alternate Director to the Board, who may attend meetings of the Board and who may vote in the absence of that member 's Director. Section 2. Directors and Alternate Directors shall be appointed by a resolution of each member 's governing body. Section 3 . The MPRS shall be notified of the appointment of a Director or an Alternate Director by the appointing member filing with the Secretary-Treasurer a copy of the resolution making the appointment. Accompanying this resolution shall be the mailing address of the person so appointed, to be used by the Secretary-Treasurer as that person 's official address for the purpose of giving any notice required either by this agreement or by bylaws of the Board. Section 4. Directors and Alternate Directors shall be appointed to serve until their successors are appointed and qualified. Section 5 . A Director or Alternate Director may be removed from the Board at any time, with or without cause, by a resolu- • tion . of the governing body originally appointing that person to -3- the Board. The MPRS shall be notified of the removal of a Director or Alternate Director by the removing member filing with the Secretary-Treasurer a copy of the resolution effecting said removal. Section 6. Any vacancy on the Board shall .be filled by the governing body of the member whose position on the Board is vacant. Section 7. There shall be no voting by proxy. All votes must be cast in person at Board meetings by a member 's Director or Alternate Director. Section 8. If at any time a member is in default on any agreement with the MPRS or is in arrears on any dues or charges of the MPRS, during the existence of such default or arrearage the voting rights of .that member shall be suspended. V. Meetings of the Board. Section 1. The first meeting of the Board shall be held during the month of March, 1983. At this meeting the Board shall elect its first Executive Committee. Thereafter, a regular annual meeting of the Board shall be held each year during the months of August or September to elect a new Executive Committee, to adopt an annual budget for the following year, and to act upon any other matters coming before it. Section 2. A quorum at any meeting of the Board shall be the Directors or Alternate Directors of ten (10) MPRS members in good standing. -4- Section 3. At the first meeting of the Board, or as soon thereafter as is reasonably possible, the Board shall adopt bylaws governing its meetings and procedures . Such bylaws may be amended from time to time as provided therein. Section 4. The specific date, time and location of annual and special meetings of the Board shall be determined by the Executive Committee. Section 5. Notice of the annual meeting of the Board shall be mailed to the Directors and Alternate Directors by the Secretary-Treasurer at least fifteen (15 ) days in advance of the meeting, and an agenda for the meeting shall accompany the notice. However, business at the Board 's annual meeting shall not be limited to matters set forth on the agenda. Section 6. Special meetings of the Board shall be called by the President, by the Executive Committee, or by the Secretary- Treasurer upon the written request of ten Directors. Notice of a special meeting of the Board shall be mailed to the Directors and Alternate Directors by the Secretary-Treasurer at least five (5) days in advance of the meeting, and an agenda for the meeting shall accompany the notice. Business at special meetings of the Board shall be limited to matters set forth on the agenda. VI . Powers and Duties of the Board.. Section 1. The Board shall take such action as it deems necessary and appropriate to accomplish the general purposes of the MPRS and to provide the services contemplated herein. Such S -5- action shall include, but not be limited to, the establishment ® and operation of a cooperative recruitment and placement system for entry-level police positions and other comparable law enfor- cement positions and the establishment and operation of uniform testing and evaluation procedures for these positions. These activities and anyother activities authorized by this agreement or authorized at an annual or special meeting of the Board may be undertaken in any one or more of the methods outlined herein. Section 2. The Board shall have full control over and man- agement of its affairs, which shall include the powers (a) to enter into contracts, leases or similar agreements with others; (b) to provide for the prosecution, defense or other par- ticipation in actions or proceedings at law in which it may have an interest; (c) to employ such persons as it deems necessary 'on a full-time, part-time or consulting basis; (d) to conduct research into any police selection matter ; (e) to purchase, hold and dispose of property, both real and personal; and (f) to contract for space, commodities or personal services with any member or group of members. Section 3. The Board shall have the authority to establish a method for sharing operating costs of the MPRS. This authority shall include, but not be limited to, the establishment of mem- bership dues and fees, charges for services to members or non- members, and charges for services to applicants or . potential applicants for employment. However, any charges to applicants or potential applicants for employment shall be limited to the • -6- organization 's actual cost of administering and scoring candidate testing and evaluation procedures. Section 4. The Board may accept gifts, may apply for and use grants or loans of money or other property from the state or federal governments or from any other governmental unit, may enter into any agreements required in connection therewith, and may hold, use and dispose of such moneys or property in accor- dance with the terms of the gift, grant, loan or agreement relating thereto. Section 5 . The Board shall adopt an annual budget for the MPRS, in accordance with the applicable provisions of this agreement. Said budget shall provide the operating framework for the MPRS each year, and the collection and expenditure of funds contemplated therein may be conditioned in any -such additional • manner as the Board deems appropriate. Section 6. The Board may delegate authority to the Executive Committee between Board meetings, which may be conditioned in any such manner as it deems appropriate. However, the Board may not delegate its authority to increase membership dues or other charges to members, to adopt an annual budget, to terminate mem- bers, to elect an Executive Committee or to change representation on the Executive Committee. Section 7. The Board may restrict any authority otherwise given to the Executive Committee by this agreement in any such manner as it deems appropriate. Any such restriction of author- ity shall be made by a resolution of the Board. -7- Section 8. The Board may exercise such other powers and duties as are incidental to the above powers and duties, but which may be required to implement and carry out this agreement. . VII. Executive Committee. Section 1. The Board shall have an Executive Committee con- sisting of nine directors, who shall be elected at the first meeting of the Board held during the month of March, 1983. Thereafter, - the Executive Committee shall be elected by the Board on an annual basis at its regular annual meeting. Section 2. Representation on the Executive Committee shall provide geographic balance, to the extent reasonably possible, reflecting the actual membership of the MPRS. Initial represen- tation on the Executive Committee shall be on the following basis: From Anoka County - one member From Dakota County - one member From Hennepin County - two members From Ramsey County - one member From Washington County - one member From Carver and Scott Counties - one member From outside the seven-county metropolitan area - two members Methods for achieving balanced presentation on the. Executive Committee shall be considered by the Board from time to time, and such representation may be changed by the Board at any annual or special meeting. -8- Section 3: A vacancy shall occur on the Executive Committee in the following instances: (a) Upon the resignation or death of a Committee member; or (b) In the case of a Committee member who was an employee of a member governmental unit at the time of his/her election to the Committee, upon his/her ceasing to be an employee of that member. Upon such an occurrence the Executive Committee shall fill the vacancy on an interim basis until the next meeting of the Board, notwithstanding the provisions of Section VI-6 hereof. VIII. Meetings of the Executive Committee. Section 1. The Executive Committee shall meet as soon as reasonably possible following the first meeting of the Board. Thereafter, it shall meet as often as necessary to insure the continued efficient operation of the MPRS. Section 2. A quorum at any meeting of the Executive Committee shall be five Committee members. Section 3. The Executive Committee may adopt bylaws governing its own meetings and procedures . Such bylaws, if adopted, shall be subject to this agreement, to the bylaws of the Board, and to any applicable resolution or other directive of the Board. Section 4. The Executive Committee shall meet at the call of the President or upon the call of any two other members of the Committee. The date, time and location of a Committee meeting shall be established by the person or persons calling the -9- meeting. At least forty-eight (48) hours advance notice of any ® meeting of the Executive Committee shall be given to all members of the Committee by said person or persons . IX. Powers and Duties of the Executive Committee. Section 1. The Executive Committee shall be responsible for day-to-day operations of the MPRS. Subject to provisions of the adopted budget and to any other restrictions placed upon its r authority by the Board, the Executive Committee shall have those powers given to the Board in Section VI-2 of this agreement. Section 2. Each year the Executive Committee shall prepare a proposed budget for the MPRS for the ensuing calendar year, which shall be submitted to the Board at least fifteen (15) days in advance of the- Board 's annual meeting. The Executive Committee shall receive and disburse funds of the .MPRS in accordance with the final budget for the organization subsequently adopted by the Board and in accordance with any other restrictions or directives of the Board relative thereto. The letting of contracts, the making of purchases and the disbursement of funds also shall be made in accordance with Minnesota Statutes §471.59, Subdivision 3, as far as practicable with the methods provided by law for statutory cities, and with all applicable bylaws of the MPRS. Section 3. The Executive Committee shall cause an indepen- dent audit to be made of the MPRS each year, and it shall make .an annual financial report in writing to MPRS members as soon as reasonably possible following the end of each year. The books and records of the MPRS also shall be available and open to exam- ination by MPRS members at any reasonable time during the year. -10- Section 4. Subject to provisions of the adopted budget and • to any other restrictions placed upon it by the Board, the Executive Committee may appoint, fix the conditions of employ- ment and remove any employee of the MPRS, and it may negotiate and enter into contracts with consultants and contractors to the MPRS. The Executive Commit-tee shall direct and supervise the activities of all employees of the MPRS and of all consultants and contractors to the MPRS. Section 5 . The Executive Committee shall exercise those powers and duties which specifically are delegated to it by the Board, subject to such conditions and restrictions as may be placed upon it by the Board. The Executive Committee also may exercise such other powers and duties as are incidental to the above powers and duties, which are not otherwise restricted and which may be required to implement and carry out its respon- sibilities. X. Officers. Section 1. The officers of the MPRS shall consist of a President, a Vice President and a Secretary-Treasurer, all of whom shall be elected from the membership of the Executive Committee. These officers shall be elected by the Committee at its first meeting following the Board meeting of March, 1983. Thereafter, they shall be elected by the Committee at its first meeting following the regular annual meeting of the Board, which shall occur soon as reasonably possible. Section 2. Upon the resignation of an officer or upon an • officer 's ceasing to be a member of the Executive Committee, as -11- provided in Section VII-3 hereof, a vacancy shall occur in that office. Upon such an occurrence the Committee shall fill the vacant position at its next meeting. Section 3. The President shall preside at all meetings of the Board and of the Executive Committee. The Vice President shall act as President in the absence of the President. Section 4. ' The Secretary-Treasurer shall be responsible for keeping a record of all proceedings of the Board and of the Executive Committee, for the custody of all MPRS funds, for the keeping of all financial records of the MPRS, and for such other matters as may be delegated to this position by the Board or by the Committee. The Executive Committee may designate one of its members as a Deputy Secretary-Treasurer, to serve in the absence or disability of the Secretary-Treasurer and to assist the Secretary-Treasurer in such a manner as it deems appropriate. __.__._ _. Section 5 . The President or Vice President and the Secretary- Treasurer or Deputy Secretary-Treasurer shall sign all vouchers disbursing funds of the MPRS. XI. Financial Matters. Section 1. The fiscal year for the MPRS shall be the calendar year. Section 2. An annual budget for the MPRS shall be adopted by the Board at its regular annual meeting, as provided in Section VI-5 hereof. Notice of the adopted budget shall be mailed promptly thereafter to the chief administrative officer of each member. This budget shall be deemed approved by each member -12- i unless, prior to December 1st of that year, a member gives writ- ten notice to the Secretary-Treasurer that it is withdrawing from the MPRS at the end of the year, in accordance with Section XIII-1 hereof. Section 3. Billings from the MPRS to members shall be due and payable within thirty (30) days of being rendered. In the event of a dispute regarding an amount which is due and payable, a member nevertheless shall make the payment in order to preserve its membership status, but such payment may be made under protest and without prejudice to dispute the bill and to exercise any remedies available to it. Section 4. Any member whose bill has not been paid. within sixty (60) days after a billing shall be in default, and that member 's voting privileges shall be suspended, as provided in • Section IV-8 hereof. Any member whose bill "has not been paid within one hundred twenty (120) days after a billing may have its membership in the MPRS terminated by the Board. XII. Administrator. Section 1. An administrator of the MPRS may be appointed by the Board or by the Executive Committee, upon specific authoriza- tion by the Board. Such an admministrator may be employed on a full-time, part-time or consulting basis. Section 2. An administrator, if appointed, shall have only those powers and duties which specifically are delegated to him/her by the Executive Committee. An administrator shall report to the Executive Committee, which shall be responsible for directing and supervising his/her activities. -13- XIII . Withdrawal. • Section 1 . Any member may withdraw from the MPRS upon thirty (30) days written notice to the Secretary-Treasurer. Such notice shall be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from membership. Section 2. The withdrawal of a member shall not affect that member 's obligation to pay any fees or charges for which it may be obligated under this agreement. XIV. Dissolution. Section 1 . The MPRS may be dissolved by a two-thirds (2/3) vote of all MPRS members in good standing. Such a dissolution shall be required when the Secretary-Treasurer has received cer- tified copies of resolutions adopted by the governing bodies of the required number of members requesting dissolution of the MPRS. Section 2. In the event of a dissolution, the Executive Committee shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Section 3. In the event of a dissolution, following the payment of all outstanding obligations, all assets of the MPRS shall, be distributed among .the then existing members in direct proportion to their cumulative annual membership contributions. -14- Should such obligations exceed assets of the MPRS, the net defi- cit of the MPRS shall be charged to and paid by the then existing members in direct proportion to their cumulative annual mem- bership contributions. XV. Duration. This agreement shall continue in effect indef- initely, unless terminated in accordance with the terms hereof. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed and delivered on its behalf. IN THE PRESENCE OF: GOVERNMENTAL UNIT: CITY OF ST. 2UITHONY Mayor (Title) RECEIVED AND FILED And I�W"-Q M , Ckk4- by the MPRS this day of 19 City Manager (Title) -15-