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HomeMy WebLinkAboutMajor Case Investigations 1992 JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT FOR MAJOR CASE INVESTIGATIONS PERSONNEL AND EQUIPMENT I. GENERAL PURPOSE The purpose of this agreement is to provide a means by which a party to this agreement may obtain major case investigative assistance from other parties when unexpected circumstances arise and in such other circumstances that the parties requesting such assistance and providing such assistance deem it to be appropriate. This agreement is made pursuant to Minnesota Statutes 471.59. II. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings given them. Subd. 1 "Party" means a governmental unit which is a party to this agreement. Subd. 2 "Eligible party" means a governmental unit which is entitled to become a party to this agreement, at its own option. The eligible parties are the County of Washington and every city, and town within the County of Washington, State of Minnesota. Subd. 3 "Requesting party" means a party which requests law enforcement assistance from other parties. Subd. 4 "Responding party" means a party which provides law 1 enforcement assistance to a requesting party. Subd. 5 "Law enforcement assistance" includes police or sheriff personnel and equipment. Subd. 6 "Requesting official" means the person who has been designated by the requesting g Y q g party to request law enforcement assistance from other parties. Subd. 7 "Responding official" is the person who has been designated by a party to determine whether and to what extent that party should provide law enforcement assistance to a requesting party. III. PARTIES The parties to this agreement shall consist of as many eligible parties as shall elect, through resolutions adopted by their respective governing bodies, or authorized representative, to become parties. Upon the adoption of such resolution by an eligible party an executed copy of this agreement shall be sent by it to the Sheriff of Washington County. When two or more eligible parties have elected to become parties and have provided such resolutions to the Sheriff of Washington County, this agreement shall become operative, and shall continue in force until, by reason of withdrawals as hereinafter provided, the number of parties to this agreement is reduced to less than two. The Sheriff of Washington County shall maintain a current list of the parties to this agreement, and whenever there is a change in the parties of this agreement, the sheriff shall notify the designated responding 2 official of each of the parties of such change. IV. PROCEDURE Subd. 1 Each party shall designate, and keep on file with the County Sheriff of Washington County, the name or title of the of that person(s) party who shall be its requesting official and responding official. A party may designate the same person as both the requesting official and the responding official. A party may designate additional and /or alternate officials to act in the absence of the official. Subd. 2 Whenever, in the opinion of a requesting official of a party, there is a need for major case investigative assistance from other parties to assist the officers of the requesting party, such requesting official may call upon the responding official of any other party to furnish such assistance to the requesting party. • Subd. 3 Upon the receipt of a request for major case investigative assistance from a party, the responding official for any other party may authorize and direct law enforcement officers of the responding party to provide assistance to the requesting party, and if so, to what extent such assistance shall be provided shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to the officer within the governmental structure of the party by which the officer is employed). Failure to provide assistance will not result in 3 liability nor provide a cause of action as to a party or as to any third party. Subd. 4 Whenever a responding party has provided law enforcement assistance to a requesting party, the responding official may at any time end such assistance or any part thereof to the responding party, if the responding official in the official's best judgment deems this necessary. Subd. 5 When a responding party supplies law enforcement officers to a requesting party, such officers shall remain under the direction and control of the responding party; shall be paid by the responding party; shall be protected by the Worker's Compensation of the responding party; and shall otherwise be deemed to be performing their regular duties for the responding party. Subd. 6 A responding party shall be responsible for its own personnel, equipment and supplies and for injuries or death to any such personnel or damage to any such equipment or supplies, except that unused equipment and supplies shall be returned to the responding party by the requesting party as soon as circumstances so permit. Subd. 7 The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party nor shall the responding party be responsible for any injuries, losses or damages arising out of the acts of any of the personnel of the requesting party or the personnel of any other responding party. 4 Subd. 8 The chief peace officer of the requesting party, or the designee, shall be responsible for the supervision of the investigation and the members assigned to the major case investigation team. Subd. 9 All members assigned to the major investigation team shall prepare reports at the direction of the chief peace officer of the requesting party, or the designee, in the format and on the forms so designated. All reports shall become the property of the requesting party, who shall handle the data consistent with the Minnesota Data Practices Act and related policies of the requesting party. Subd. 10 The requesting party shall be the custodian of all evidence and /or property collected and /or maintained in the course of the requesting party's investigation. The requesting party shall be responsible for the processing of all evidence for appropriate analysis or examination. Subd. 11 Only the chief peace officer of the requesting party, or the designee, shall respond to media requests for information concerning the major case investigation until the case is submitted to the prosecuting authority. Once submitted, the prosecuting authority will be in charge of media relations. V. WITHDRAWAL AND TERMINATION This agreement shall continue in effect until the number of parties is less than two. Any party may withdraw at any time upon 5 • thirty (30) days written notice to the Sheriff of Washington County. Such a party may again become a party if later entering into this agreement. The Sheriff of Washington County shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties, as hereinbefore provided. IN WITNESS WHEREOF, the undersigned has caused this agreement to be executed and delivered on its behalf. Dated this 11th day of pPhrnar7 ,1992 In the presence H of: p��� ByL � V/ Its Mayor By 41, l(% Its Police Chief Attest: Clerk 6