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HomeMy WebLinkAbout2018-28672018 -2867 JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE ANOKA - HENNEPIN NARCOTICS AND VIOLENT CRIMES TASK FORCE I. PARTIES The parties to this agreement are political subdivisions of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section § 471.59, as amended. II. PROBLEM AND PURPOSE The parties hereto find that drug abuse and related violent criminal activities have increased significantly within and between their communities in recent years. As communities located on or near the northern borders of Minneapolis and St. Paul, a significant amount of drug traffic, violent crime, and organized criminal gang activity has emerged and migrated into their communities. Linked by the 610, 694, and 169 bridges over the Mississippi River, the communities share common borders with easy access which has provided a conduit for drug traffickers and criminal elements to utilize. The nature of drug law enforcement, violent crime, and the criminal enterprise associated with them does not adhere to jurisdictional boundaries. In addition, the individual parties hereto face the difficulty of limited resources and ever - increasing demands for service which make effective organized drug enforcement difficult on an individual basis. The general purpose of this agreement is to provide coordination and joint enforcement efforts within the jurisdictional boundaries of the parties of controlled substance crimes as defined in federal, state, and local statutes, as well as related violent crime and the criminal enterprise associated with them. III. NAME This joint enforcement project shall be known as the Anoka - Hennepin Narcotics and Violent Crimes Task Force. IV. MEMBERSHIP The parties to this agreement shall be the Cities of Anoka, Blaine, Champlin, Columbia Heights, Coon Rapids, Fridley, Maple Grove, Ramsey, and Rogers, and the County of Anoka (herein collectively referred to as "the parties "). V. ADMINISTRATION A Task Force Advisory Board is formed consisting of the Chiefs of Police and Sheriff, or his or her designee, from each party. The Task Force Commander and supervisors will serve in an advisory capacity and shall have responsibility for administration of the Task Force. A prosecuting attorney from Anoka or Hennepin County will act in an advisory capacity to the Board. The Anoka County Sheriff's Office will be the coordinating law enforcement agency and provide the day -to -day administration of the Task Force through the assignment of the Investigative Lieutenant, serving as the Task Force Commander. The Commander will be assisted by a Sergeant assigned to the Task Force by any of the participating Police Departments and a Detective Team Leader assigned to the Task Force by the Anoka County Sheriff's Office. The Task Force Advisory Board members, which have voting authority, will be the Chiefs of Police and the Sheriff, or his or her designee, from each party. The votes 2 shall be weighed based on the number of officers assigned to the Task Force, capped at two votes per agency. In any issue requiring a vote of the Advisory Board, a quorum of six voting members, representing six agencies, must be present to vote. In order for a motion to pass, a majority of votes must be cast. The Advisory Board shall elect a chair to conduct board meetings and serve as liaison between the parties, the Commander, and the Board. VI. OPERATION Section 1. Composition The Task Force shall consist of full -time peace officers POST licensed to practice law enforcement as defined in Minnesota Statutes, Chapter 626. One of the assigned officers shall hold the rank of Sergeant. The assigned Sergeant may come from any member agency. The minimum number of licensed peace officers each member may assign to the Task Force is one (1). Each officer will remain an employee of the party assigning the officer to the Task Force. The Advisory Board may approve a change in the composition of the Task Force upon the request of any party. Members will inform the Board of their staffing commitment in a timely manner as to allow for overall planning by the Task Force Commander. No party may be required to assign additional officers to the Task Force without the consent of the affected party. Section 2. Chain of Command 3 Advisory Board: The Advisory Board shall be responsible for the overall management and budget of the Task Force as set forth in section V. of the agreement Executive Committee: The Board will establish an Executive Committee whose purpose is to conduct research and gather information to advise the Board, and carry out any other responsibilities or duties as described within this Joint Powers Agreement. The Executive Committee shall consist of the Advisory Board Chair, Advisory Board Vice- Chair and the Task Force Commander. During the first Board meeting of 2017 the Board shall elect from its members both an Advisory Board Chair and Vice - Chair. The term of each position shall be one year, The Vice -Chair will assume a Board Chair vacancy by automatic succession. After 2017, the Board will only need to fill a Vice -Chair vacancy at the first meeting of each year. Advisory Board Chair: The Advisory Board Chair shall be responsible for conducting business meetings, documenting meeting minutes and facilitating communication with members of the Advisory Board and the Task Force Commander. Advisory Board Vice-Chair:-The Advisory Board Vice -Chair will fill in for the Board Chair during absences. Commander/Lieutenant: The Task Force Commander shall be the head of the Task Force and will also serve on the Executive Committee. The Criminal Investigation Lieutenant of the Anoka County Sheriffs Office will act in this capacity at the onset of this agreement. 11 The Commander shall serve at the pleasure of the Advisory Board and may be removed by a majority vote of the Board. The Commander reports directly to the Advisory Board. The Commander will make the day -to -day operational and administrative decisions of the Task Force. Sergeant/Team Leader: One Sergeant shall be assigned to the Task Force by one of the member agencies. One Team Leader shall be assigned to the Task Force by the Anoka County Sheriffs Office. The Sergeant and Team Leader operate at the direction of the Task Force Commander. They are responsible for the direct supervision of officers assigned to the Task Force by the parties. Officers: Officers assigned to the Task Force operate at the direction and under the supervision of the Task Force Commander and Supervisors while assigned. Clerical: The Task Force may hire clerical support for the Task Force from the grant budget. The County of Anoka agrees to act as the employer of the person hired. Section 3. Equipment Equipment purchased by the Task Force during the grant period for Task Force usage shall be divided amongst the parties by the Advisory Board at the end of the grant period if this agreement is not renewed. Upon a mutually agreed dissolution of this Task Force, all equipment owned by the Task Force will be distributed between the parties as decided by the Advisory Board. Parties are expected to also utilize their own equipment such as body transmitters and surveillance vans on an as- needed basis. All equipment CJ brought into Task Force use by an agency will remain the property of the agency supplying said equipment. Section 4. Facilities Each Task force member will work out of a centrally located office furnished and maintained by the Task Force as provided in the annual grant budget. Section S. Policy and Procedure Operational policy and procedure may be developed for the Task Force based on an examination of operational goals and administrative need. These policies and procedures will be proposed to the Advisory Board by supervisory staff who will conduct ongoing evaluations of Task Force operations and need. Policies and procedures will be implemented at the direction of the Advisory Board. Section 6. Purchase of Evidence /Information The purchase of evidence and information shall be done in a manner consistent with the approved policy and procedures. Section 7. Supplies Office supplies will be provided by the Task Force under the grant annual budget. Any supplies not itemized in the grant annual budget will be provided by that officer's employment agency. Section 8. Sworn Personnel Each party is providing licensed peace officers under the conditions outlined herein. Wages and benefits for these officers will be the primary responsibility of the C1 officer's employing agency during the grant period. Wage and benefit reimbursement, to include overtime costs, may be reimbursed through the grant as approved by the Advisory Board. An officer assigned to the Task Force by a party may be removed from the Task Force by the appointment party or through a majority vote of the Advisory Board. The party shall then appoint a suitable replacement for the removed officer. Peace officers assigned to the Task Force shall be equipped by their employment parties with appropriate police credentials and suitable firearms. The employment party will be responsible for providing any POST required training to their officers assigned to the Task Force. The Commander may direct additional, specialized training to be paid through the grant budget. Section 9. Vehicles The Task Force shall lease up to one vehicle for each officer assigned to the Task Force. Each party will be responsible for fuel, insurance, and maintenance costs incurred by the vehicle(s) leased for the officer(s) assigned by that party. Larger unforeseen repair costs may be presented to the Advisory Board for approval to use Task Force forfeiture funds for the repair. Upon termination of this agreement, the vehicles will either be absorbed by the parties agreeing to assume leasing obligations or returned to the leasing agency. Vehicles owned by a party and utilized by the Task Force will remain the responsibility of the party, as will costs incurred for the vehicle's use and maintenance. 7 VII. TASKS Section 1. The primary function and responsibility of the Task Force is to detect, investigate, gather evidence, and apprehend drug traffickers, as well as assist in violent crimes and gang related investigations, within the geographic area of the parties. As a result of the nature of covert undercover operations, it is anticipated that undercover operatives may detect or become aware of other crimes, including drug crimes, occurring both within and outside the geographical boundaries of member agencies. The Task Force will pursue other avenues of investigation only upon recommendation of the Task Force Commander and by permission of the Chief of Police or Sheriff of the particular party involved. In addition, the Task Force may be used by any of the parties for other investigative purposes under exigent circumstances or in a capacity wherein the nature of the investigation being undertaken requires undercover officers. Section 2. It is the mission priority of this unit to investigate drug wholesalers (those individuals who bring drugs into the Task Force area), street -level drug distributors, those persons involved in the clandestine laboratory manufacturing of illicit drugs, and individuals who attempt to acquire pharmaceutical drugs in violation of the provisions of Minnesota Statutes, Chapter 152. Section 3. A function of the Task Force will be to gather and to disseminate controlled substance intelligence information. The Task Force will maintain an ongoing intelligence filing system. The Task Force will attempt to investigate those leads, maintain on file that information, and upon request disseminate that information to the parties hereto. Section 4. With permission of the Task Force Commander, the Task Force will provide training to member parties requesting that service. Requests for community drug education and drug awareness will be provided only upon permission of the Task Force Commander and the department of that particular party. Section S. Public announcements concerning the function of the Task Force will be made only by permission of the Advisory Board in conjunction with the parties to this agreement and by approval of the Chief of Police or Sheriff of the party in which that release is to be made. Section 6. Public announcements concerning arrests or investigations conducted by the Task Force will be made by the Task Force Commander or the Chief of Police or Sheriff of that party, or his or her designee, where that arrest was made, and upon approval of the Task Force Commander. News releases concerning the Task Force's function, investigations, and /or arrests will not be made by any Task Force officer unless specifically requested by the Task Force Commander or the Chief of Police or Sheriff with permission of the Task Force Commander or the Advisory Board. VIII. FINANCIAL MATTERS Section 1. The fiscal year of the Task Force shall be the calendar year. W Section 2. The Finance Department of Anoka County will be responsible for the administration of all funds coming under the direct supervision of the Task Force, whether federal grant funds or contributions of the parties. Section 3. The Task Force Advisory Board shall direct the Commander to prepare an annual grant application, including proposed budget, which will be presented to the parties on or before the application deadline set by the Office of Justice Programs, Minnesota Department of Public Safety. The Task Force Commander shall submit the approved grant application and budget to the Office of Justice Programs by the deadline established by the Office of Justice Programs. Section 4. Funding shall be in the form of a matching grant from the federal government. The contributions of the parties shall be at least 25% of the total budget established for the current year. An individual party's financial contribution shall be proportioned to the number of officers committed to the Task Force as shown in the grant application budget. The matching funds will be submitted to the Finance Department of Anoka County by the parties at the beginning of the grant period. Any unused match funds will be returned at the end of the grant period in a manner determined by the Advisory Board. Payment of any outstanding financial obligations shall be made in a manner determined by the Advisory Board. Section 5. Any assets seized by the Task Force and awarded to the Task Force through administrative or judicial proceedings shall be distributed to the parties on a periodic basis as determined by the Board. The formula for distribution of these assets shall be 10 proportioned based on the number of officers assigned for each participating agency. The Task Force Commander will be responsible for the distribution of funds or assets seized or forfeited by the Task Force. Section 6. The Commander, upon direction and approval of the Advisory Board, is authorized to sign and enter into contracts on behalf of the Task Force as may be necessary. Section 7. The Commander has authority to make purchases, payments, and expenditures, outside of yearly budgeted expenses, of up to $1,000 without approval of the Advisory Board. The Executive Committee has the authority to make purchases, payments, and expenditures up to $5,000 without Advisory Board approval. IX. DEPUTATION Officers assigned to the Task Force, while performing their assigned duties as Task Force officers in a jurisdiction other than their own jurisdiction, shall have the same powers, duties, privileges, and immunities as conferred upon them by their own jurisdiction. The authority granted hereunder does not constitute employment by the Task Force or by the city or county in which the duty or duties are being performed. Any worker's compensation claims or work related injury that may occur as a result of working with the Task Force shall be the sole responsibility of the officer's home jurisdiction. Further, the authority granted hereunder extends only so far as may be necessary to complete the duties assigned to the officers and terminates at the expiration of this agreement and any extension thereof. 11 X. INSURANCE The Task Force shall purchase insurance to provide liability and property damage coverage in the amount determined by the Advisory Board. In no event will the insurance coverage be less than the League of Minnesota Cities Insurance Trust standard liability coverage. The insurance shall provide coverage for all authorized Task Force operations by Task Force members. XI. DURATION Section 1. This agreement for Task Force operations shall be in effect from notwithstanding the dates of signature by the parties, and shall continue in effect until terminated in accordance with the provisions herein. As of March 1, 2018, this agreement replaces the previous Joint Powers agreement between the parties, which began September 1, 2017. Section 2. Any party may withdraw from this agreement on December 31 of any year by declaring its intention to withdraw in writing and providing the written notice, delivered by mail or in person, to each of the other parties on or before July 1 st of that year. Notice by mail shall be deemed received three days after mailing. Withdrawal by a party shall not result in the discharge of any legal liability incurred by such party before the effective date of withdrawal. Section 3. This agreement shall terminate under the following circumstances: 12 (1) There are no remaining parties as a result of withdrawal pursuant to this agreement; or (2) All remaining parties mutually agree to terminate this agreement; or (3) This agreement shall terminate automatically when grant funding for Task Force activities is discontinued. XII. CONTRACTS AND PURCHASES Any contracts and purchases made pursuant to this agreement shall be made by the County and shall conform to the requirements applicable to Anoka County. XIII. STRICT ACCOUNTABILITY Pursuant to Minnesota Statute §471.59, a joint powers agreement is to provide for strict accounting of all funds and report of all receipts and disbursements. Any party to this agreement may request a strict accounting at any time. XIV. ENTIRE AGREEMENT This joint powers agreement constitutes the entire agreement of the parties on the matter related hereto. The agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. 13 XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: �- 1 ' ( / City of Columbia Heights wl M .. 1r Its: Mayor By: A' Walter R. Fehst Its: City Manager am Its: Chief of Police 18 Strategic Enforcement Plan (SEP) 2018 Anoka - Hennepin Narcotics and Violent Crimes Task Force (AHNVCTF) Strategy 1: Complete administrative tasks of the AHNVCTF. Establish Executive Committee (EC) officers, adopt and implement operating procedures manual, and review and update the JPA (as needed). Objective: Provide guidelines and procedures that govern the operations of the task force that are in compliance with state guidelines, and that allows for the continual adaptation to increasing complexity and change in drug and violent crime. Action I Elect Vice Chair Responsible Party Board Establish 2018 Executive Advisory Board Committee (EC) Chair Review VCCC annual report EC and recommend updates for AHNVCTF Policy and Procedures manual Adopt policy and procedure manual. Solicit Nominations for 2019 Vice Chair Elect 2019 Vice Chair January 24, 2018 Process Target Date Review nominations and vote February 8, 2018 on positions. One year terms with automatic succession. Recognize that the Executive Committee for 2018 is established. The Violent Crime Coordinating Council (VCCC) produces an annual report to include policy recommendations and mandates. Board Consider EC recommendations for Policy Manual update. February 8, 2018 The EC will meet and present findings to the Board at May 3, 2018 meeting. May 3, 2018 L I EC EC to solicit Nominations for August 2, 2018 2019 Vice Chair. Board Review nominations and vote November 1, 2018 on position. One year term with automatic succession. Strategy 2: Understanding that the AHDVCTF has unique capabilities to respond to violent crime and life- safety issues, the Board will provide guidance on priorities utilizing a priority matrix to prepare the SEP. Objective: The prioritization matrix prioritizes violent crime, violent offenders, patterns of violent crime, and areas that are experiencing violent crime and life- safety issues. 1. 2. Urgent/ Important/ Important Not Urgent 3. 4. Urgent/ Not Important/ Not Important Not Urgent Action ResPponsible process _� Gather ideas for SEP EC The EC will solicit member consideration agencies and task force investigators for ideas to consider for the 2019 SEP. Ideas will be presented to the Board. Priorities to align with the VCCC Framework. Adopt SEP for 2019 I Board The Board will consider ideas for amending the 2019 SEP and will adopt a SEP using prioritization matrix. January 24, 2018 Target Date The EC will meet and present findings to the Board at the May 3, 2018, meeting. August 2, 2018 Strategy 3: Understanding that the member communities and agencies have limited resources to combat narcotics, violent crime, and gang activity, the AHDVCTF will focus on member communities and areas within its jurisdiction for investigations and enforcement actions. Objective: Adopt a policy that emphasizes the use of the AHDVCTF within its own jurisdiction, while understanding that investigations tied to its jurisdiction will sometimes lead to locations outside of the member agencies coverage area. Action Develop a standard or matrix that emphasizes the need for activity based in member communities and sets targets for the use of the units resources Responsible Party Board Collaborate and coordinate Task Force with other task forces in Commander neighboring areas January 24, 2018 Process Strategies shall be prioritized to address concerns of member jurisdictions. Utilize the matrix for investigations outside of the AHDVCTF jurisdiction. Continue and enhance collaboration /communication between agencies. Discuss benchmarks for collaboration as to when information or cases should be passed along to another jurisdiction. Target Date Annually in July Ongoing Strategy 4: Involve community partners in policing efforts in order to provide successful communication of information, problem solving and education. Objective: Develop a plan that emphasizes the need for community partnership and support, public education, and community action to prevent drug use instead of just focusing on enforcement against offenders. Action Coordinate consistent message on drug trends and issues in our coverage area with an emphasis on prevention and treating drug use as a community issue. Educate citizens January 24, 2018 Responsible Party Task Force Commander Process Ensure Task Force members use presentations consistent with the messaging of the AHNVCTF. Task Force reporting should: o Detail national and regional trends o Provide information on resources o Prepare law enforcement sensitive and public versions of report. TF members Engage youth and community groups for discussions related to drug trends, overdose risk and use. Performance measures recorded in quarterly and annual reports. Target Date Ongoing Ongoing Strategy 5: Accountability. Assure Task Force accountability to keep the unit and its officers functioning properly and focused on its stated mission, values, goals and objectives. Objective: Develop a series of objectives and goals with measurable outcomes to provide a balanced view of unit performance. Action ResPpaonsible Process Target Date l Quarterly review Advisory Board Review of unit performance Quarterly Chair which tracks progress towards Strategic Plan, as well as by outputs (arrests, warrants, etc.). Monitor Overdose data in TF Commander member jurisdictions January 24, 2018 Analysis of objectives and goals for applicability and potential modification due to complexity and change in drug and violent crime. OD data and trends should Quarterly be gathered and reported to the board for discussion. Strategy 6: Training and Equipment. Ensure that Task Force officers are sufficiently trained and properly equipped to be able to accomplish assigned tasks at a high level. Objective: Develop a standardized training plan with an emphasis on high quality training for related tasks, and a review of equipment needs for Task Force personnel. Action Responsible Process Target Date Party Develop a standardized training plan for Task Force officers Review legislative updates and apply to practices Task Force Task Force Commander shall Annual review Commander assess and document Task Force specific training of each member. Task Force Commander Assess current and future Task Force equipment needs. Commander TF Supervisors Each Task Force member will receive job related standardized training. While the EC reviews and updates the manual, Legislative mandates will be implemented and reported to the Board in a timely way. Annual audit of assigned equipment and review for upgrades. Emphasis on equipment that provides for safety and advanced investigative capabilities. Review operational safety Task Force Operational safety is Commander paramount. Review and adjustment in tactics and TF Supervisors procedures shall be ongoing and clearly communicated with members. January 24, 2018 As needed Annual review Ongoing