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HomeMy WebLinkAbout20100719 - VI-13HASTINGS POLICE DEPARTMENT MEMO TO: Honorable Mayor Nicks City Council FROM: Paul P. Schnell, Chief of Police DATE: July 14, 2010 SUBJECT: Internet Crimes Against Children (ICAC) Task Force Multi- Agency Agreement i am recommending and requesting your approval for the Hastings Police Department to join the Minnesota Internet crimes Against children (ICAC) Task Force, by executing the Multi - Agency Law Enforcement Agreement. The attached agreement has been reviewed by Hastings city Attorney Dan Flu g 1. The Hastings Police Department seeks to become a member agency in the Minnesota of Internet crimes Against children (ICAC) Task Force. Minnesota IC AC is a federally funded initiative that provides member agencies with training, equipment, expenses and, when necessary, overtime funding, to combat and investigate the exploitation of children through the use o f computers. The fundamental objective of the Task Force is to use a three- pronged approached to respond to and address internet crimes against children: prevention, education, and enforcement. Several Dakota county law enforcement agencies have investigative representatives on the ICAO Task Force. Hastings Police Department's involvement in the Task Force will develop our internal technical capability to more quickly complete computer forensics in on -line sexual predator and child pornography cases. With your authorization, a Hastings Police Department investigator will begin the "no cost to Task Force member training program in computer forensics. Research has shown that over 50% o f offenders who participate in the manufacturing and/or trading of child pornography al engage in direct sexual victimization of children. This grim statistic, along with importance of and accessibility to the internet, make this an important public safety issue for the protection of our children. Please let nee know if you require additional information or have any questions. Thank you for all you do to make e Harstings safe. Minnesota Internet Crimes Against Children Task Force Multi - Agency Law Enforcement Agreement This Multi - Agency Law Enforcement Agreement, and amendments and supplements thereto, (hereinafter "Agreement") is between the City of Saint Paul, acting through its Police Depailment (Grantee) and the City of Hastings, a Minnesota Municipal Corporation, acting through its Police I epailment. (hereinafter "Undersigned Law Enforcement Agency') both which are empowered to enter into joint powers agreements pursuant to Minn. Stat. § 471.5 9, Su d. 10 12, and is further empowered to enter into this Agreement by Minn. Stat. § 626.76; and Whereas, the above subscribed parties have joined together in a multi -- agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture enure actions against identified violators, as appropriate; and Whereas', the Grantee is the recipient of a federal gram (attached to this Agreement as Exhibit A ) disbursed by the Office of Juvenile Justice and Delinquency prevention "OJJD " in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, , which are incurred by law enforcerrrent as a result of such investigations; and Whereas, the oJJD1 Internet Crimes Against Children "ICAO" Grant Manager has been established representing each of the existing ICAO Task Forces to oversee the operation of the grant and sub -grant recipients. Now Therefore, the parties agree as follows: The Undersigned Later Enforcement Agency approves, authorizes, and caters into this Meinorm of Understanding with the purpose of implementing a three - pronged approach to coinbat Internet Crimes Against Children: prevention, education and enforcement; and 1. The Undersigned Law Enforcement Agency shall adhere to the OJJDP ICAO Task Force Program Standards (attached to this Agreement as Exhibit B), in addition to state federal laws, when conducting undercover operations relative to ICAO; and 2. All officers contributed by the Under iD Law Enforcement Agency to the Minnesota ICAO Task Force shall be licensed peace officers or found by the Minnesota Board of Peace Officer Standards and Training to have comparable qualifications; and 3. WIi n a contributed officer of the Undersigned Law Enforcement Agency acts on the behalf of the Mhmesota YCAC task Force within the scope of this Agreement, the officer's actions are within the officer's line of duty and course of employment to the sane extent as if the officer had acted on behalf of the officer"s employing Agency, and 4. The Undersigned Law Enforcement Agency shall indernnlfy, save and hold harmless the Grantee, Its representatives and employees from any and all claims or causes of action, including all reasonable attorney's fees incruTed by the Grantee, arising from the p rfon - nance of this A.green by the Undersigned Law Enforcement Agency's officers; and 5 . All members of the Undersigned Lain Enforcement Agency shall continue to be employed by the same Law Enforcement Agency e mployer which they were employed before joining the Minnesota ICAO Task Force and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits; and 6. The Undersigned Law Enforcement Agency shall submit all requests for undercover ICAO related operations in writing to the Commander of the Minnesota ICAO Task Force for presentation to the OJJDP ICAO Task Force Board of Directors; and 7. The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any fands from the Grantee; and 8. The Undersigned Law Enforcement Agency must supply original receipts to be relinbursed on pre - approved requests; and 9. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAO Task Force Coiynnand r or his designee for statistical reporting purposes; and 10. The Undersigned Law Enforcement Agency shall participate fully in any audits recurred by the oJJIP; and 11. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order; to share information and 2 resources amongst the multiple entities; and 12. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information r lativ to investigative targets and yi tims, to the ICAO data System pursuant to the OJJDP guidelines; and 13. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAO Task Force Conunander in a timely manner all investigative equipment acquired through grant funding as a result of this Agreement in the evert that: fature federal fading is no longer available, the Agency decides to dissolve its binding relationship with the Minn s to ICAO Task Force and the Saint Paul Police Department, or the Agency breaches the .Agreement. Terms of this agreement: This agreement shall be effective upon signatures. Nothing in this agreement shall otherwise limit the julisdiction, powers, and responsibilities normally possessed b an employee as a member of the Agency. Jolin M. Harrington, Chief of Police Saint Paul Police Department Assistant St. Paul City Attorney Director of Office of Financial Services Date Date Date C ene A e i ies that the a pro n*ate person(s) have executed the Ageement on behalf of the A its j goveriunent e tit as required b U plicable aftic1, laws b resolutions or ordinances. City of Hastings a Minnesota Municipal _Corporation 0 Paul Hicks, Its Mayor Date Melanie Mes o Lee, Its Assistant City Date Administrator and City Clerk