HomeMy WebLinkAboutVIII-15 Approve Joint Powers Agreement 2023 - 2028 with Dakota County Electronic Crimes Unit City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: May 1st, 2023
Item: Dakota County Electronic Crimes Unit Joint Powers Agreement - 2023
Council Action Requested:
Approval of attached joint powers agreement extending and amending that which commenced
January 1, 2023 and runs through 2028.
Background Information:
The Hastings Police Department executed an agreement between the Dakota County’s Electronic Crimes
Task Force and the City of Hastings on December 15, 2014 in order to support and establish an
organization to coordinate efforts to investigate illegal activities related to the use of electronic devices,
the Internet, and materials transmitted or used in electronic form and the prosecution of those
conducting such illegal activities. This agreement involves twelve (12) agencies within Dakota County,
including the Dakota County Sheriff’s Office. Hastings Police Department’s involvement in the “Task
Force” assists us in conducting investigations involving technology such as cellular devices and
computers and more quickly complete computer forensics in these cases.
The Joint Powers Agreement was reviewed and approved as to form by Hastings City Attorney Kori Land.
Financial Impact:
$18,300.00 annually, commencing January 1, 2023, which was included in the 2023 budget.
Advisory Commission Discussion:
None
Council Committee Discussion:
Finance Committee
Attachments:
Joint Powers Agreement
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DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE
JOINT POWERS AGREEMENT
The parties to this Agreement are units of government responsible for the enforcement of criminal
laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon
the parties by Minnesota Statutes, Section 471.59.
NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their
powers, agree as follows:
1. Name. The parties hereby establish the Dakota County Electronic Crimes Task Force (“Task
Force”).
2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate
efforts to investigate illegal activities related to the use of electronic devices, the Internet, and materials
transmitted or used in electronic form and the prosecution of those conducting such illegal activities.
3. Parties. The parties to this Agreement are the following units of government:
City of Apple Valley City of Mendota Heights
City of Burnsville City of Rosemount
City of Farmington City of South St. Paul
City of Hastings City of West St. Paul
City of Inver Grove Heights County of Dakota
City of Lakeville Dakota County Drug Task Force
(Individually or collectively “member(s)” or “party(ies)”)
4. Administrative Board.
4.1 Creation and Composition. A joint powers board, known as the Electronic Crimes Task Force
Administrative Board (“Board”), is established for the purposes contained herein with the powers and
duties set forth in this Agreement. The Board shall consist of one member from each of the law
enforcement units of government that participates in the Task Force, appointed by their respective police
chief or sheriff. Board members appointed by police chiefs and the sheriff must be full-time supervisory
peace officers of their jurisdiction or office. The police chief or sheriff may appoint an alternative member
to attend Board meetings if the appointed member is unavailable. Alternates must be full-time
supervisory peace officers from their jurisdiction or office. Board members shall not be deemed
employees of the Task Force and shall not be compensated by it. At the discretion of the Dakota County
Attorneys, the Dakota County Attorney’s Office shall serve the Board in an advisory capacity and shall
be designated legal counsel on behalf of the Board and Task Force. The fiscal agent shall maintain a
roster of current Board members and appointed alternates.
4.2 Terms. Board members and alternates shall serve at the pleasure of their respective police chief
or sheriff. In the event that any Board member shall be removed by the appointing agency, the vacancy
shall be filled by the appropriate appointing agency.
4.3 Officers. At its initial meeting in January 2018, the Board shall elect from its members (but not
alternates) a chair, a vice-chair and a secretary/treasurer, and such other officers as it deems necessary
to conduct its meetings and affairs. At is first meeting each calendar year, In January of each subsequent
year the Board shall meet and elect from its members a chair, a vice-chair, a secretary/treasurer, and
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such other officers as it deems necessary to conduct its meetings and affairs. Officers shall serve for a
term of one (1) year or until the officer ceases to be a board member, whichever is shorter.
4.4 Meetings. The Board shall meet in January of each year and shall have other regular and special
meetings at such times and places as the Board shall determine. Special meetings may be held on three
(3) days' notice by the chair or any two (2) board members; except that a special meeting to consider
adoption of or amendments to the Board's operating rules pursuant to Section 6.1 shall require ten (10)
days' notice. The presence of two-thirds (2/3) of the Board members at a meeting shall constitute a
quorum.
4.5 Voting. Each Board member shall be entitled to one vote. If a Board member is unable to attend
a meeting, the duly appointed alternative may attend and vote. Proxy voting is not permitted. The Board
shall function by a majority vote of the board members, or alternates, present.
5. Duties of the Administrative Board.
5.1 The Board shall formulate a program to carry out its purpose.
5.2 The Board shall coordinate intelligence between the members and the Task Force and cooperate
with other local, state, and federal law enforcement agencies to accomplish the purpose for which it is
organized.
5.3 The Board shall keep proper and adequate books of accounts showing all its receipts and
disbursements by date, source, and amount. It shall have prepared an independent audit of the books
and accounts of the Task Force and shall provide an audit report to its members if any member requests
a financial audit of the Task Force.
5.4 The Board shall keep proper minutes of all its proceedings.
5.5 The Sheriff’s Office shall provide annually a year-end review/expenditure report of the Task
Force’s activities.
5.6 The Board shall establish performance and quality control measures and periodically monitor
those measures, to include Task Force investigatory practices and policies.
6. Powers of the Administrative Board.
6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the
conduct of the business of the Board. Such bylaws shall be consistent with the terms of this Agreement
and any applicable laws or regulations.
6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the
fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board
may authorize the chair of the Board to enter into and execute those contracts.
6.3 The Board may sue and be sued.
6.4 The Board may disburse funds in a manner which is consistent with this Agreement and with the
method provided by law for the disbursement of funds by the parties to this Agreement.
6.5 The Board may apply for and accept gifts, grants or loans of money or other property or assistance
from the United States Government, the State of Minnesota, or any person, association or agency for
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any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such
money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto.
6.6 The Board may cooperate with other federal, state and local law enforcement agencies to
accomplish the purpose for which it is organized.
6.7 The Board shall purchase and maintain public liability insurance coverage, with a limits consistent
with Minnesota Tort Caps of at least $1,500,000 per occurrence, under standard liability coverage forms,
and such other bonds and insurance as is deemed necessary for the protections of the Board, its
members, representatives, officers, agents and employees. The exercise of such authority by the Board
shall not be construed as a waiver or modification of the limitations, defenses and immunities of liability
contained in Minnesota Statutes, Chapter 466, Minnesota Statutes, Section 471.59, subd. 1a or other
applicable law. Insurance coverage procured through the League of Minnesota Cities Insurance Trust
will meet the requirements of this paragraph.
6.8 The Board may hold such other property as may be required to accomplish the purposes of this
Agreement and upon termination of this Agreement make distribution of such property as provided for in
this Agreement.
6.9 To the extent allowed by law, establish and collect fees, including user fees, for services
performed by the Task Force, the Board or its members.
6.10 The Board may create a policies and procedures manual for use by the Task Force and review
the same annually. If a policy or procedure adopted by the Board conflicts with a policy or procedure of
a member, that member’s policy or procedure shall apply to any agent assigned by that member to the
Task Force.
6.11 The Board may retain legal counsel to advise the Board and provide civil legal services.
6.12 The Board may recommend changes in this Agreement to its members.
7. Budgeting and Funding.
7.1 By April 30 of each year the Board shall prepare and adopt a budget for the following year and
may amend the same from time to time.
7.2 The members intend to fund the cost of operating the Task Force through member contributions
of funds, officers and staff and by obtaining grant funds and restitution, if available. For 2018, the cities
of Hastings, Farmington, Inver Grove Heights, Mendota Heights, Rosemount, South St. Paul and West
St. Paul and the Dakota County Drug Task Force each shall pay $18,000 to the Task Force fiscal agent
to be deposited in the Task Force account. Members may also contribute the services of a licensed peace
officer(s) and staff as determined by the Board. For 2018, the cities of Apple Valley and Burnsville shall
contribute the services of one full-time licensed peace officer and the city of Lakeville shall contribute the
services of a license peace officer as determined by the Board. For 2018, Dakota County shall contribute
the services of one full-time and one part-time (50%) licensed peace officers and two full-time staff and
shall commit to housing the Task Force within a County facility.
By April 1 of each subsequent year, prior to the adoption of an annual budget for the following year, the
Board will determine the amount of financial contribution and contribution of services by each member
so that the adopted budget will be adequately funded and organizational objectives met. Any member
may object to a proposed payment as excessive relative to the adopted budget. If a member’s objection
cannot be resolved, the Board may adopt a revised budget to accommodate the member’s objection or
an amendment to this Agreement approved by all members shall be executed by each member’s
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governing body. The Board shall determine the amount of financial contribution and/or contribution of
services by members and any new members.
7.3 If the Board incurs any liability for damages arising from the services performed under this
Agreement, the amount of damages shall be assessed equally amongst the members. Nothing herein
shall be construed as a waiver or modification of the limitations, defenses and immunities as fully
described in Section 10.
7.4 The Board shall adopt a budget based upon grant funds received, member financial contributions
and money made available from other sources. The Board may amend the budget as needed to reflect
revenue and expenditure changes.
7.5 Dakota County shall serve as the fiscal agent of the Task Force and shall account for all funds
received pursuant to this Agreement according to generally accepted accounting principles. The fiscal
agent shall forward reports on Task Force receipts and disbursements to the members on a regular basis.
Fiscal agent responsibilities shall include, but not be limited to: management of all funds, including
member contributions and grant monies, payment for contracted services and relevant bookkeeping and
recordkeeping. No payment on any invoice for services performed by any person providing services in
connection with this Agreement shall be authorized unless approved by the Board chair, vice-chair or
secretary/treasurer.
7.6 The members agree to contribute their financial contributions, grant funds and dedicated licensed
peace officers required to operate the Task Force.
7.7 All funds shall be accounted for according to generally accepted accounting principles. The
secretary/treasurer shall make a quarterly financial report of all expenditures and receipts, and current
fund balances to the Board.
7.8 The Board may not incur debt.
7.9 The Board’s obligation to reimburse members for any expense, furnish equipment, pay for staffing
and the like is contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are
received, the Board may reduce the level of reimbursement, staffing and/or other expenditures.
8. Agents.
8.1 Each member shall inform the Board in December of each year of the identity of the licensed
peace officers to serve as Agents for the Task Force (“Agents”) for the following calendar year. The chief
law enforcement officer for that member shall have the responsibility for determining the identity of their
assigned officer(s). The number of licensed peace officer(s) per member allowed to serve as Agents for
the Task Force must be approved in advance by the Board.
8.2 Agents will be responsible for the investigation of illegal activities related to or involving the use
of electronic devices, the Internet, and materials transmitted or used in electronic form, including case
development and handling and processing of evidence. To the extent permitted by law, Agents will work
cooperatively with assisting agencies, including sharing information acquired by Agents pursuant to this
Agreement.
8.3 Agents are not employees of the Task Force. Agents shall remain employees of the member that
has assigned them to the Task Force and shall be compensated by that member. Each party to this
Agreement shall be responsible for injuries to or death of its own personnel. Each party shall maintain
workers’ compensation coverage or self-insurance coverage covering its own personnel while they are
providing assistance as a member of the Task Force. Each party to this Agreement waives its right to
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sue any other party for any workers' compensation benefits paid to its own employee or their dependents,
even if the injury is caused wholly or partially by the negligence of any other party, or its officers,
employees or agents.
8.4 The member appointing the Agent shall furnish the Agent with all standard department issued
equipment necessary to perform all functions of the Agent. Agents’ computers must meet Dakota County
standards. Each member shall be responsible for damages to or loss of its own equipment. Each
member waives the right to sue any other member for any damages to or loss of its equipment, even if
the damages or loss were caused wholly or partially by the negligence of any other member or its officers,
employees or agents.
8.5 The members shall maintain the officer positions hired to replace the officer assigned to the Task
Force, or maintain the full-time equivalent or half-time equivalent staffing assigned to the Task Force as
described in Sections 7.2 and 8.1.
9. Indemnification. The Task Force is a separate and distinct public entity to which the parties
have transferred all responsibility and control for actions taken pursuant to this Agreement. The Task
Force shall defend and indemnify the parties, and their officers, employees, and agents, from and against
all claims, damages, losses, and expenses, including attorney fees, arising from Task Force activities or
operations, and decisions of the Board.
Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota
Statutes, Chapter 466, or a waiver of any available immunities or defenses.
To the fullest extent permitted by law, action by the parties to this Agreement are intended to be and shall
be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a
“single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59,
subd. 1a(a), provided further that for purposes of that statute, each party to this Agreement expressly
declines responsibility for the acts or omissions of another party.
Nothing herein shall be construed to provide insurance coverage or indemnification to an officer,
employee, or agents of any party for any act or omission for which the officer, employee, or agent is guilty
of malfeasance in office, willful neglect of duty, or bad faith.
Any excess or uninsured liability shall be borne equally by all the parties, but this does not include the
liability of any individual officer, employee, or agent which arises from his or her own malfeasance, willful
neglect of duty, or bad faith.
10. Insurance. The Board shall purchase general liability insurance for activities of the Task Force
as described in Section 2. Such insurance shall name each member as an additional insured. By
purchasing insurance, the members do not intend to waive, and this Agreement shall not be interpreted
to constitute a waiver by any member of limitations on liability or immunities provided by any applicable
Minnesota law, including Minnesota Statutes, Chs. 466 and 471. The cost of the general liability
insurance shall be paid from funds of the Task Force.
11. Task Force Supervisory Oversight. The Dakota County Sheriff’s Office will provide supervisory
oversight of Task Force operations including case assignments, record keeping, intelligence
management, management of all property seized, and the execution of stings, arrests, search warrants
and similar operations performed by the Agents.
The members of this Agreement are not liable for the acts or omissions of the other members of this
Agreement except to the extent to which they have agreed in writing to be responsible for acts or
omissions of the other members.
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12. Additional Parties. Any additional unit of government may become a party to this Agreement by
adopting a resolution declaring its intention to do so and by entering into this Agreement, as it may be
amended from time to time, provided that the parties have entered into an amendment pursuant to
Section 13 approving such additional member. Such amendment shall be substantially in form of Exhibit
A, attached hereto and incorporated by reference.
13. Amendments. Any amendment to this Agreement must be in writing and executed by all of the
parties.
14. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original but all of which shall constitute one and the same instrument. All counterparts
and amendments shall be filed with the fiscal agent.
15. Effective Date. This Agreement shall take full effect upon execution by the parties.on January 1,
2018. Members may execute this Agreement in counterparts and need not sign the same original
document. The signed Agreement shall be filed with the Board’s designated fiscal agent, who shall notify
all members in writing of its effective date. The fiscal agent shall also notify all parties of additional parties
added pursuant to Section 12 and parties withdrawing pursuant to Section 16.3.
16. Termination and Withdrawal.
16.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the following
events, whichever occurs first:
• When necessitated by operation of law or as a result of a decision by a court of competent
jurisdiction; or
• When a majority of members agree by resolution to terminate the agreement upon a date certain;
or
• On December 31, 20228, unless extended by agreement of all of the members.
16.2 Effect of Termination. Termination shall not discharge any liability incurred by the Board or by
the members during the term of this Agreement. Each member shall be liable for its own acts and for the
acts of the Board to extent provided by law. With the exclusion of technology equipment contributed and
owned by any member, upon termination of this Agreement all property of the Task Force shall be sold
or distributed to the members in proportion to their respective financial and staff contributions to the Task
Force since its inception. Parties who effectively withdraw from this Agreement will not be entitled to any
return of their financial contributions.
16.3 Withdrawal. Without the necessity of approval from the parties’ governing bodies, any party may
withdraw from this Agreement upon 60 days’ written notice to the Board. The Board shall notify the
members pursuant to Section 17 of the receipt of a withdrawal notice. Equipment acquired by an Agent
or member as a result of training or other activities paid or sponsored by the Task Force shall remain the
property of the Task Force upon withdrawal of that member from the Task Force.
16.4 Effect of Withdrawal. Withdrawal by any member shall not terminate this Agreement except as
provided in Section 16.1. Withdrawal shall not act to discharge any liability incurred by or chargeable to
the member prior to the effective date of withdrawal. Such liability shall continue until discharged by law
or agreement. No member shall be entitled to a refund of administrative or operating funds paid or
forgiveness of such funds owed to the Board.
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17. Notice. Notice of withdrawal shall be provided by first class mail to the following and to any
additional members added pursuant to Section 12:
Apple Valley Chief of Police Mendota Heights Chief of Police
7100 147th Street West 1101 Victoria Curve
Apple Valley, MN 55124 Mendota Heights, MN 55118
Burnsville Chief of Police Rosemount Chief of Police
100 Civic Center Parkway 2875 145th Street West
Burnsville, MN 55337 Rosemount, MN 55068
Farmington Chief of Police South St. Paul Chief of Police
19500 Municipal Drive 125 3rd Avenue North
Farmington, MN 55024 South St. Paul, MN 55075
Hastings Chief of Police West St. Paul Chief of Police
150 3rd Street East 1616 Humboldt Avenue
Hastings, MN 55033 West St. Paul, MN 55118
Inver Grove Heights Chief of Police Dakota County Sheriff
8150 Barbara Avenue Law Enforcement Center
Inver Grove Heights, MN 55044 1580 Highway 55
Hastings, MN 55033
Lakeville Chief of Police
9237 183rd Street Dakota County Drug Task Force
Lakeville, MN 55044 P.O. Box 21304
Eagan, MN 55121-0304
IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing
bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota
Statutes, Section 471.59.
Approved by the City Council CITY OF APPLE VALLEY
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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Approved by the City Council CITY OF BURNSVILLE
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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Approved by the City Council CITY OF FARMINGTON
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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Approved by the City Council CITY OF HASTINGS
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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Approved by the City Council CITY OF INVER GROVE HEIGHTS
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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Approved by the City Council CITY OF LAKEVILLE
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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Approved by the City Council CITY OF MENDOTA HEIGHTS
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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Approved by the City Council CITY OF ROSEMOUNT
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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Approved by the City Council CITY OF SOUTH ST. PAUL
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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Approved by the City Council CITY OF WEST ST. PAUL
Date:
By:
Date of Signature:
Attest:
Date of Signature:
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DAKOTA COUNTY DRUG TASK FORCE
Approved by the Board
Date _____________________
By:
Date of Signature:
Dakota County Attorney's Office Approved as to form:
Dakota County Judicial Center
1560 Highway 55
Hastings, MN 55033
651-438-4438 By: /s/ Helen R. Brosnahan
Assistant County Attorney
Date of Signature: 4/24/18
KS-17-185-1
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COUNTY OF DAKOTA
By:
Approved by Dakota County Board Date of Signature:
Resolution No.: __18-028______
Dakota County Attorney's Office Approved as to form:
Dakota County Judicial Center
1560 Highway 55
Hastings, MN 55033
651-438-4438 By: /s/Margaret M. Horsch
Assistant County Attorney
Date of Signature: 1/22/18
KS-2017-185
CONTRACT\2017\KS17-185 DakotaCtyElectronicCrimesTaskForce JPA.docx
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EXHIBIT A
Amendment to Dakota County
Electronic Crimes Task Force
Joint Powers Agreement
Whereas, on or about January 1, 2018, the County of Dakota, the Dakota County Drug Task
Force and the cities of Apple Valley, Burnsville, Farmington, Hastings, Inver Grove Heights, Lakeville,
Mendota Heights, Rosemount, South St. Paul and West St. Paul (“Parties”) entered into a joint powers
agreement establishing the Dakota County Electronic Crimes Task Force (“Agreement”); and
Whereas, the Parties desire to amend the Agreement to add __________ as a party to the
Agreement; and
Whereas, __________ as a governmental unit of the State of Minnesota, through its duly elected
governing body, has adopted a resolution approving the Agreement and authorizing its __________ to
execute the same; and
Whereas, the Agreement provides that any amendments to the Agreement must be in writing and
executed by all of the Parties.
Now, therefore, in consideration of the mutual promises contained herein, the Parties agree to
amend the Agreement as follows:
1. Section 3 Parties to include __________ as a party to the Agreement.
2. Section 7.2 Budgeting and Funding to provide that ___________________ shall
contribute____________________________________ for the initial calendar year of
membership.
3. All other terms of the Agreement shall remain in force and effect unless otherwise
amended in accordance with the terms of the Agreement.
In Witness Whereof, the Parties have executed this Amendment to the Agreement on the dates
indicated below.
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