HomeMy WebLinkAbout2010-135 CCR Member Kay Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2010 - 135
RESOLUTION AUTHORIZING THE ADOPTION OF THE HENNEPIN
COUNTY VIOLENT OFFENDER TASK FORCE CO- OPERATIVE
AGREEMENT
WHEREAS, it has been proposed that the City adopt the Hennepin County
Violent Offender Task Force Co- operative Agreement; and
WHEREAS, Violent Offender Task Force Officers collaborate with and obtain
information from other agencies to improve the safety of the City of Brooklyn Center; and
WHEREAS, Violent Offender Task Force Officers can extend the range of
intelligence to better prevent violent crime and enforce violent offender laws.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Manager and Police Chief be and hereby is authorized to accept
and implement the proposed Hennepin County Violent Offender Task Force Co- operative
Agreement.
• �� September 27, 2010 fin.
Date Mayor
ATTEST: l
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Dan Ryan
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Kay Lasman, Dan Ryan, and Mark Yelich;
and the following voted against the same: none
whereupon said resolution was declared duly passed and adopted.
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HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE
2010 CO- OPERATIVE AGREEMENT
The Hennepin County Violent Offender Task Force is currently operating under an existing
Co- operative Agreement, executed by Hennepin County, on behalf of the Hennepin County
Sheriff's Office and the Hennepin County Attorney's Office, the City of Richfield, the City of
Brooklyn Park, the City of Brooklyn Center, the City of Golden Valley and the Drug Enforcement
Administration. This HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE 2010 CO-
OPERATIVE AGREEMENT adds to or changes some of the rights, duties and obligations under
the old agreement. The previous Co- operative Agreement is hereby terminated except that
provisions that by their nature are intended to survive the termination of that Agreement, including
but not limited to Section 7, Liability, shall survive as to matters relevant to said previous Co-
operative Agreement.
The parties to this Co- operative Agreement are units of government responsible for the
enforcement of laws in their respective jurisdictions. The parties desire to work cooperatively in the
enforcement of violent offender laws including but not limited to the enhancements and crimes set
forth in Minnesota Statutes § 609.1095, and, for that purpose, are hereby forming the Hennepin
County Violent Offender Task Force.
The undersigned governmental units, in the co- operative and mutual exercise of their
powers, agree as follows:
1. Name. The name of the co- operative powers entity shall be the Hennepin County Violent
Offender Task Force. (HCVOTF).
2. Definitions:
a. Officer — means a peace officer, employed by a Member, who is assigned to the
Task Force full -time and has been approved by the Task Force Board.
b. Board — means the governing board of the Task Force.
C. Fiscal Agent— Hennepin County Sheriffs Office agrees to perform this function
during the initial term of this Agreement. <<
d. Member — means a governmental unit that is a signatory to this Agreement or a
counterpart.
e. Task Force — means the Hennepin County Violent Offender Task Force.
f. Task Force Commanders — means one (1) supervisor from the Hennepin County
Sheriff s Office. Future Task Force Commanders will be nominated and voted on
by the Board.
g. Non -Voting Member — means the Drug Enforcement Administration and the
Hennepin County Attorney's Office.
h. Executive Director means Hennepin County Sheriff's Office Inspector of
Investigations Bureau or his/her designee.
L Director — means member of Governing Board.
3. Members. The initial Members of the Task Force are the following governmental units:
Hennepin County Sheriffs Office
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Brooklyn Park Police Department
Brooklyn Center Police Department
Golden Valley Police Department
Richfield Police Department
Hennepin County Attorney's Office
Drug Enforcement Administration (DEA)
3.1 The Members shall cooperate and use their best efforts to ensure that the various provisions
of the Agreement are fulfilled. The Members agree to act in good faith to undertake
resolution of disputes, if any, in an equitable and timely manner and in accordance with the
provisions of this Agreement.
4. Term.
4.1 The term of this Agreement shall be for seven years, commencing January 1, 2010 and
terminating January 31, 2014, unless terminated earlier pursuant to the provisions of this
Agreement. This Agreement may be extended by mutual written agreement of the parties
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for one successive seven Y ear term upon the same terms, conditions, and covenants, unless
the Task Force is dissolved p p prior to expiration of the initial or successive term.
4.2 Upon dissolution of the Task Force, the Board shall provide for the distribution of all Task
Force funds and assets in the following manner: (1) The Board may determine to sell and
liquidate non - monetary assets prior to distribution; and (2) Assets and funds shall be
distributed in proportion to the full-time staffing contributions and other fmancial
contributions of each Member to the Task Force determined by the full time equivalent
contributions of each current Member. Property owned by Members shall be returned to the
Members upon dissolution. A Member whose membership terminates prior to dissolution
of the Task Force is entitled to the return of its own property, but is not entitled to any share
or portion of Task Force funds or assets.
5. Governing Board.
5.1 The Task Force shall be governed by a Governing Board (Board). Members of the Board
will be known as "Directors." Except as indicated herein, the Chief Law Enforcement
Officer from each Member, or his or her designee, shall serve as a Director. Each Director
and, accordingly, each Member agency is allowed no more than one (1) vote, regardless of
the number of employees assigned to the Task Force or in attendance at any meeting from
the respective Agency.
The Director representing the Hennepin County Attorney's Office shall not vote on Board
matters but instead shall make recommendations to the Board.
5.2 Directors shall not be deemed employees of, nor compensated by the Task Force.
5.3 The Hennepin County Sheriff shall be the chair of the Board. The Chair's responsibilities
include but are not limited to the following: giving notice of meetings when scheduled or
otherwise called; calling meetings to order and providing for their orderly and efficient
conduct; and providing for the preparation of minutes.
5.4 The Board shall oversee the operational activities of the Task Force and by and through the
Task Force Commander shall monitor the progress of the mission and goals established by
the Board.
5.5 The Board shall meet on a quarterly basis or more frequently as needed.
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5.6 The Board may take action based on the vote of a simple majority. A quorum shall exist,
and votes may be taken, if a majority of the Directors or their designees are present.
5.7 The Board may recommend changes in this Agreement to its Members. Such changes shall
not become effective until the governing body of each Member has, by resolution, approved
such changes.
5.8 Non - Voting Members may attend Board meetings.
6. Powers and Duties of the Task Force.
6.1 To accomplish the objectives herein, all Task Force Members shall assign at least one peace
officer licensed pursuant to Minnesota Statutes § 626.84, subd.1, or similar licensing statute
or regulation, to the Task Force on a full -time basis. The assigned peace officer must
comply with Minnesota Statutes § 471.59, subd. 12.
6.2 A typical assignment to the Task Force should be for a minimum period of two years.
However, assignments shall be at the pleasure of both the Task Force Board and the
Officer's employing agency and may be terminated at any time.
6.3 The Task Force will direct investigative and enforcement activities based on intelligence
provided by the Task Force Members with priority given to case investigations that directly
impact the Members' Minnesota communities.
6.4 Future Task Force Commanders will be nominated by the Hennepin County Sheriff's Office
and approved by the Board. The Task Force Commander shall be responsible for the day to
day operations of the Task Force and provide the overall direction and supervision of the
Task Force officers. Future Task Force Commanders will be nominated by the Hennepin
County Sheriff's Office and approved by the Board. The Task Force Commander's duties
shall include, but not be limited to:
(a) Guiding and directing the activities of personnel assigned to the Task Force;
(b) Establishing and monitoring goals, priorities, budgets, operational policies and
procedures and work assignments;
(c) Reviewing and approving reports;
(d) Scheduling assigned personnel;
(e) Providing input on employee evaluations, if requested;
(f) Allocating overtime work, if necessary.
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6.5 The Task Force shall cooperate with other federal, state, and local law enforcement agencies
to accomplish the purpose for which the Task Force is organized.
6.6 The governmental unit serving as the Fiscal Agent shall cause to be made an annual audit of
the books and accounts of the Task Force and shall make and file a report to its Members
which includes the following information:
(a) The financial condition of the Task Force;
(b) The status of all Task Force projects;
(c) The business transacted by the Task Force;
(d) Quarterly financial report;
(e) Other matters which affect the interests of the Task Force.
6.7 The Task Force's books, reports, and records shall be open to inspection by its Members at
all reasonable times.
6.8 Nothing herein is intended or should be construed in any manner as creating or establishing
the relationship of co- partners between the parties hereto or as constituting one of the
Members as the agent, representative or employee of another Member for any purpose or in
any manner whatsoever. Personnel assigned to the Task Force by one of the Members shall
not be considered temporary or permanent employees of any other Member for any purpose
whatsoever or be entitled to tenure rights or any rights or benefits by way of workers'
compensation, re- employment insurance, medical and hospital care, sick and vacation leave,
severance pay, PERA or any other right or benefit of another Member.
6.9 The Members acknowledge and agree that it is their sole responsibility to provide all salary
compensation and fringe benefits to their separate employees. Benefits may include, but are
not limited to: health care, disability insurance, life insurance, re- employment insurance,
FICA, Medicare, and PERA.
6.10 The Members acknowledge and agree that it is their responsibility to provide the equipment
necessary to enable their assigned employee to complete their duties.
6.11 The Members acknowledge and agree that Hennepin County will provide initial start-up
funds, to include co- located headquarter space.
6.12 The parties acknowledge and agree that entering into and carrying out the terms and
conditions of this Agreement will not violate or constitute a breach of any obligation binding
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the party and shall comply with all applicable federal, state, and local laws including but not
limited to Minnesota Statutes § 471.59.
6.13 The Task Force adopts the policy and procedure guidelines established by the Minnesota
Department of Public Safety Gang and Drug Oversight Council. (See generally Minnesota
Statutes, Chapter 299A.641, as amended or updated.)
6.14 The Task Force shall process all seized cash, physical assets and evidence through the
normal evidence handling procedures within the Hennepin County Sheriffs Office.
Seizures of cash, real property and personal property must be done in accordance with all
applicable laws and regulations. The Task Force shall promptly report forfeitures in
accordance with MN. Statute 609.5315, subd. 6.
7. Liability.
7.1 Each Member agrees that it will be responsible for its own acts and the acts of its officers
and employees and any liability resulting therefrom to the extent authorized by law and
shall not be responsible for the acts of the other Member or any liability resulting
therefrom. Each Member acknowledges and agrees that it is insured or self-insured
consistent with the limits established in Minnesota state statute. Each Member agrees to
promptly notify all other Members if it becomes aware of any potential Task Force
related claims, or facts giving rise to such claims.
7.2 Each Member shall be responsible for injuries to or death of its own personnel. Each
Member will maintain workers' compensation insurance or self-insurance coverage,
covering its own personnel while they are assigned to the Task Force or are otherwise
participating in or assisting with Task Force operations or activities. Each Member waives
the right to, and agrees that it will not, bring any claim or suit against the Task Force or any
other Member for any workers' compensation benefits paid to its own employee or
dependents, that arise out of participation in or assistance with Task Force operations or
activities, even if the injuries were caused wholly or partially by the negligence of any other
Member or its officers, employees, or volunteers.
7.3 Each Member shall be responsible for damages to or loss of its own equipment. Each
Member waives the right to, and agrees that it will not, bring any claim or suit against the
Task Force or any other Member for damages to or loss of its equipment arising out of
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participation in or assistance with Task Force operations or activities, even if the damages or
losses were caused wholly or partially by the negligence of any other Members or its
officers, employees, or volunteers.
7.4 As applicable, under no circumstances shall a party be required to pay any amounts in
excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable
to any one party. The statutory limits of liability for some or all of the parties may not be
added together or stacked to increase the maximum amount of liability for any party.
8. Finances.
8.1 Task Force operations will be financed from funds and resources contributed by Members.
Members shall provide Officers to be assigned to the Task Force.
8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force
Members or otherwise received by the Task Force, and in such capacity is authorized to
receive all funds for deposit and make disbursements therefrom in accordance with
Hennepin County policy and generally accepted accounting principles. In conjunction
therewith, the Fiscal Agent shall maintain current and accurate records of all obligations and
expenditures of Task Force funds in accordance with Hennepin County policy and generally
accepted accounting principles. It shall also produce quarterly financial and statistical
reports which shall be disseminated to the Board. The Task Force shall maintain all such
reports and related records for a period of six (6) years after dissolution of the Task Force.
9. Officers.
9.1 The Task Force shall refer disciplinary matters or other instances of misconduct involving
an Officer to the Officer's Chief Law Enforcement Officer for investigation, referral, or
disposition. However, nothing herein shall be construed to prevent the Task Force from
reporting suspected criminal conduct directly to an outside agency for investigation.
9.2 Officers will be responsible for focused investigation on targeted violent offenders,
including intelligence management, case development, and case charging. Officers may
also assist other Officers in surveillance and undercover operations. Task Force Officers
will work cooperatively with assisting agencies. Officers acting under this Agreement in the
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jurisdiction of another Member are acting in the line of duty and in the course of
employment and are authorized to exercise the powers of a peace officer therein.
10. Forfeiture, Seizures and Fines. All proceeds generated by Task Force operations shall be
returned to the Task Force. When the Task Force seizes property or funds in cooperation
with other law enforcement agencies, the Task Force Board will negotiate the distribution of
the forfeited funds with those agencies.
11. Additional Members and Change in Membership.
11.1 A governmental unit may join the Task Force and become a Member upon approval by the
Governing Board and execution of a copy of this Agreement by its governing body.
11.2 The Governing Board may involuntarily terminate a Member if that Member has failed to
provide a minim of one Officer to staff the Task Force for more than 12 consecutive
months.
11.3 In any case in which a party identified in paragraph 3 joins the Task Force after the effective
date of this Agreement or any other governmental unit joins the Task Force pursuant to
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paragraph 11. 1, contributions by and reimbursement to such Members shall be equitably
determined and adjusted by the Board to reflect the participation by that Member for less
than one full year. The decision of the Board shall be final.
11.4 A Member may, upon ninety (90) days' written notice to all other Members, withdraw and
cancel its participation in this Agreement with or without cause.
12. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original, all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies,
caused this Agreement to be executed.
(signatures continued on the following page)
1,
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HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF BROOKLYN PARK
The Brooklyn Park City Council duly approved this Agreement on the day of
, 2010.
City of Brooklyn Park
Approved as to form
and legality:
By:
Brooklyn Park City Attorney Its Mayor
And:
Its City Administrator
(signatures continued on the following page)
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HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF BROOKLYN CENTER
The Brooklyn Center City Council duly approved this Agreement on the day of
, 2010.
City of Brooklyn Center
Approved as to form
and legality:
By:
Brooklyn Center City Attorney Its Mayor
And:
Its City Manager
(signatures continued on the following page)
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HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CTTY OF RICHFIELD
The Richfield City Council duly approved this Agreement on the day of
2010.
City of Richfield
Approved as to form
and legality:
By:
Richfield City Attorney Its Mayor
And:
Its City Administrator
(signatures continued on the following page)
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HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF GOLDEN VALLEY
The Golden Valley City Council duly approved this Agreement on the day of
2010.
City of Golden Valley
Approved as to form
and legality:
By:
Golden Valley City Attorney Its Mayor
And:
Its City Administrator
(signatures continued on the following page)
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HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFO RCEMENT
ADMINISTRATION
The Drug Enforcement Administration duly approved this Agreement on the day of
2010
Drug Enforcement Administration
Approved as to form
and legality:
By:
DOJ Attorney Its Director
(signatures continued on the following page)
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HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
Hennepin County Board Approval
Task Force Members, having signed this Agreement, and the Hennepin County Board of
Commissioners having duly approved this Agreement on behalf of the Hennepin County Sheriff s
Office and the Hennepin County Attorney's Office on the day of , 2010 and
pursuant to such approval, the proper County officials having signed this Agreement, the parties
hereto agree to be bound by the provision herein set forth.
County of Hennepin
State of Minnesota
Reviewed by County
Attorney's Office:
Chair of its County Board
Assistant County Attorney And:
Assistant/Deputy /County Commissioner
And:
Hennepin County Sheriff f
Attest:
Deputy /Clerk of County Board
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