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STAFF REPORT <br />DATE: January 7, 2025 <br /> CONSENT <br /> <br />TO: City Council <br />FROM: Dustin Kalis, Fire Chief & Karissa Goers, Administrative Services Director <br />AGENDA ITEM: Approve Joint Powers Agreement Between the State of Minnesota and the City of <br />Lake Elmo for State and Federal Criminal Background History Information <br />REVIEWED BY: Nicole Miller, City Administrator <br /> <br /> <br />BACKGROUND: <br />All entities and organizations that access state and federal criminal history record information <br />[CHRI] through the Minnesota Bureau of Criminal Apprehension must have an executed non- <br />criminal justice agency Joint Powers Agreement (NCJA JPA) with the BCA. The agreement details <br />various requirements of state and federal law addressing the access, transfer, usage, safeguarding and <br />destruction of criminal history data. This contract will bind both parties and is required for the City <br />of Lake Elmo and the Lake Elmo Fire Department to obtain and use criminal history record <br />information. <br /> <br />ISSUE BEFORE COUNCIL: <br />Should the City Council approve joint powers agreement between the State of Minnesota and the <br />City of Lake Elmo for access to state and federal criminal history record information [CHRI] through <br />the Minnesota Bureau of Criminal Apprehension? <br /> <br />PROPOSAL DETAILS/ANALYSIS: <br />An audit conducted in March 2024 by the Minnesota Bureau of Criminal Apprehension found the <br />City was out of compliance with the MN Department of Public Safety BCA/FBI CJIS policy by not <br />having a Joint Powers Agreement (JPA) for access to state systems for the purpose of obtaining <br />Criminal History Record Information (CHRI). The BCA was in the process of updating their JPA <br />procedures and indicated they would reach out to us in the future to complete this task. The BCA <br />reached out last week to indicate their process was complete and to ask the City to enter into the <br />attached JPA. <br /> <br />FISCAL IMPACT: <br />The Minnesota Bureau of Criminal Apprehension charges $33.25 for each criminal background check <br />and $10.00 for fingerprint service. These are budgeted costs associated with the hiring of personnel. <br /> <br />OPTIONS: <br />1) Approve joint powers agreement <br />2) Amend and then approve the joint powers agreement <br />3) Do not approve the joint powers agreement <br /> <br />RECOMMENDATION: <br />If removed from the consent agenda: <br />Motion to approve joint powers agreement between the State of Minnesota and the City of Lake <br />Elmo for access to state and federal criminal history record information?