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Home My WebLink AboutRES 87-041 RESOLUTION AUTHORZING THE ST. ANTHONY CHIEF OF POLICE TO EXECUTE THE MEMORANDUM OF UNDERSTANDING SETWEEN SCHOOL DISTRICT NO. 282 AND THE CITY OF ST. ANTHONY POLICE DEPARTMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102316 Box: 23 Folder: RES 1987 Document: RES 87-041 RESOLUTION AUTHORZING THE 5T. ANTHONY CHIEF OF POLICE TO EXECUTE THE MEMORANDUM OF UNDERSTANDING SETWEEN SCHOOL DISTRICT NO. 282 AND THE CITY OF ST. ANTHONY POLICE DEPARTMENT RESOLUTION 87-041 A RESOLUTION AUTHORIZING THE ST. ANTHONY CHIEF OF POLICE TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN SCHOOL DISTRICT NO. 282 AND THE CITY OF ST. ANTHONY POLICE DEPARTMENT WHEREAS, the Minnesota Laws 1987 , Chapter 295, requires the establishment of a pre-assessment team for each school within the District and, further requires the adoption of a Memorandum of Understanding between the District and the Police Department providing .for an exchange of information in order to further the District' s policies for the prevention, detection, and treatment of chemical abuse and to facilitate mutual capabilities for addressing criminal activity by students involved with drugs. • NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony City Council hereby authorizes the Chief of Police to execute said Memorandum of Understanding on behalf of the City of St. Anthony Police Department. Adopted this 2 day of _ Dex-c-, mbc- r- 1987 . �aybr/ ATTEST: 94,4411Z City Clerk Reviewed for administration: City Manager • z i1 • DATE : December 1, 1987 TO: City Council Members FROM: Don Hickerson, Chief of Police SUBJECT: Memorandum of Understanding - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Minnesota State Legislature in its 1987 .regular session enacted Chapter 295,' which deals with Controlled Substances, Chemical Abuse and Contraband; establishing Chemical Abuse and pre-assessment teams and community advisory teams; requiring_ teachers to report possession, use, and transfer. of"- Chemical substances by students. It also requires that a::written memorandum of understanding be developed between school -personnel and law enforcement agencies , identifying when the school shall notify the local law enforcement agency that a violation of its drug ' and alcohol policy has occurred, and when the law enforce- ment' agency shall notify the school chemical abuse pre-assess- ment team- of incidentsoccurring off the school premises involy- ing . chemical abuse by students enrolled in that school pursuant to the possession or purchase of alcohol in violation of section 340A.503., Subd. 2 or 3, or in the case' of controlled substances, a violation of section 152 . 09 , Subd. 1. • The Hennepin County Attorney met with the Hennepin County' Chief' s of Police and School authorities and came up with the attached memorandum of understanding.. The final draft of the memorandum was reviewed with .our school authorities and will be going to the School Board for approval. I would request that the City -Council review and approve the memorandum of understanding to be signed by the school and the Police Department. • r. F THOMAS L.JOHNSON VIN eo PHONE R COUNTY ATTONEY _ �.�1. (612)348-3091 !In LANES OFFICE OF THE HENNEPIN COUNTY ATTORNEY 2000 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA $54$7 November 1987 Chief Donald Hickerson St . Anthony Village Police -Department 3301 Silver Lake Road St . .Anthony, 'MN 55418 Dear Don. I have enclosed a ' proposed Memorandum of Understanding which we. .b.elieve is in accordance with the provisions . o.f . Minnesota Laws of 1987 , Chapter . 295, and which we hope can be .quickly adopted by Hennepin . County School Districts and . Law Enforcement Agencies . The Memorandum has four objectives : . 1 . To expand the information that school districts and law enforcement agencies can share with one another concerning drug use by juveniles; • 2 . To allow school districts to have the first opportunity to deal with drug use by students; and 3 . To use Hennepin County Juvenile Court as the back- up to the school ' s effort -to deal with drug abuse on a voluntary basis . 4 . To ensure stiffer consequences for juveniles who use drugs and engage in othe.r criminal activity. We are very grateful for all the help we have received in drafting the enclosed proposal . Many school and law en=or&E` effL representatives ai:lended meetings, shared .information, and raised questions, all of which was invaluable to us . Your continued help is needed, huwever . Please review the enclosed Memorandum and determine whether your department can agree to its terms--I certainly hope this will be the ' case . - If you can, please communicate your support to the school superintendent for your community and to Sonya Steven, an assistant county attorney in our office - ( 348-7916 ) . We will ask you to sign the Memorandum once the Community School Advisory Team has taken supportive action. To assist in moving this process along, Sonya is available to meet with you, your officers or community representatives. . to discuss the Memorandum and to answer questions . HENNEPIN COUNTY IS AN AFFIRMATIVE ACTION EMPLOYER Our goal is to gain county-wide approval of the Memorandum of Understanding, so that each Hennepin County law enforcement agency and school district can fully cooperate ' with one another in seeking to achieve the purposes of Chapter 295 . Thank you i6advance for your help. Sincerely, THOMAS.. L. OHNSON Hennepin County Attorney TLJ:cm • MEMORANDUM OF UNDERSTANDING WHEREAS, _In_dependent ,School. Di'stric-t. # (hereinafter,:° District) and the Police Department for—the City of (hereinafter., ' Department) recoggize that there is a drug problem ' among our youth that interferes with their behavior,. learning, and fullest possible development; and WHEREAS,, the District "has implemented' a 'Drug and Alcohol Policy 'and .a chemical health program of prevention, intervention, referral and aftercare, thereby assisting in the. prevention of. chemical abuse among students and providing appropriate services to those students who become involved with drugs; and WHEREAS-.-recognizing that chemical dependency is a treatable • illness--student drug problems should be handled in the first instance within the school or community rather than through court intervention, unless the drug use is accompanied by other criminal activities; and WHEREAS, Court-ordered treatment of juvenile chemical abuse should be reserved for those individuals who commit crimes in conjunction with the use of drugs or who require Court intervention to enhance the likelihood of successful treatment; and WHEREAS, enhanced prosecutorial efforts are appropriate where juveniles having a history of chemical abuse commit criminal acts other than drug or alcohol use, and thus an awareness of a student' s repeated chemical use is a relevant factor for law enforcement to consider in evaluating cases presented to them for investigation; and WHEREAS, Minn. Laws .1987, Chapter 295, requires the establishment of a pre-assessment team for each school within the District and, further requires the adoption . of. Memorandum of understanding between the District and the Department providing for an exchange of information in order to further the District' s polities for the prevention, detection, and treatment of chemical abuse and to facilitate mutual capabilities for addressing criminal activity by students involved with drugs; 1 • BE IT HEREBY AGREED between the District and the Department that; in accordance with the provisions of Minn. Laws 1987, Chapter 295, the following exchanges of information are agreed upon and authorized: I. The. school administration representative' on each. school . pre-assessment team shall give written notice to the' Department with jurisdiction at the site -'of the school anti to the law enforcement agency with jurisdiction' -at the student' s residence, if different agencies, are. ,_ , `involved, of all vi-olations ` -of- " the District Drug and Alcohol Policy involving the unlawful use, possession,. or 'sale of drugs or alcohol . II. . . . The Department shall give written notice to the District for the student' s school pre-assessment team whenever an incident occurs off school premises in which a student is involved in a violation of: • A. - The provisions of Minn. Stat. Section 340A. 503,, S.ubd.. 2 or 3, regarding the , possession or purchase of alcoholic beverages, or B. The provisions of Minn.. Stat. Section 152.09, Subd. 1 , regarding the possession or sale of a controlled or simulated controlled substance, or C. The provisions of other statutes which are specified as reportable to the pre-assessment team in future-enacted amendments. to Minn. Laws 1987 , Chapter 295. These violations shall be reported to the appropriate school ' s- pre-assessment team regardless of whether the incident will be referred to Hennepin County Juvenile Court by Department personnel III . With regard to a matter reported to the Department by a school pre-assessment team, upon a determination that probable cause exists and unless the interests of justice require otherwise, the Department shall refer . the matter to the Hennepin County Attorney's Office in the following instances: 2 • Ancase involvingthe illegal sale or A. distribution of drugs, simulated controlled substances, .or alcohol. Bl. Upon a. student' s third . violation of school regulations concerning use• or possession of. drugs or alcohol on school premises , or at school-sponsored events C. Upon a , student's second . violation of -such _ regulations if there . ha.s been a previous failure of the student. to cooperate -with the District's drug and alcohol . policies, or if = other -circumstances-, .di-ctate = Juvenile -Court -- - _- intervention to . facilitate _assessment or treatment: . D. Upon a ' student's first - violation of such regulations when, within the previous year; the student _ has, been adjudicated delinquent with .regard to one felony-level offense or two or more misdemeanor or gross misdemeanor level offenses. IN WITNESS WHEREOF, this Memorandum has been signed on the • dates below-indicated by the following. District and Department representatives, and will continue in effect until superseded by a new Memorandum or specifically rescinded in writing: INDEPENDENT SCHOOL DISTRICT # POLICE DEPARTMENT By: By: Its: Its: Dated: Dated: 3