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HomeMy WebLinkAboutMajor Case Investigations 2002 . • 02ooa. • JOINT AND COOPERATIVE AGREEMENT RELATING TO THE USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT AND THE INVESTIGATION OF MAJOR CASES L GENERAL PURPOSE • • The purpose of this agreement is to provide a means by which a party to This agreement may obtain emergency law enforcement assistance from other parties when: 1) unexpected exigent circumstances arise, or 2) assistance is sought in major case investigations, or 3) circumstances exist such that the parties requesting and providing such assistance deem it to be appropriate. This agreement is made pursuant to Minnesota Statutes 471.59. IL 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 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 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 man 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 five 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 five. 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 official of each of the parties of such change. • N. PROCEDURE Subd. 1 Each party shall designate, and keep on file with the County Sheriff of Washington County, the name or title of the person(s) of that 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 personnel and equipment or assistance in a major case investigation 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 personnel and/or equipment or assistance in a major case investigation 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 liability nor provide a cause of action as to a party or as to any third party. Subd. 4 When a responding party provides law enforcement assistance under the terms of this agreement, it may in turn request assistance from other parties as "back -up" during the time that it is providing law enforcement assistance outside its boundaries. • • • • • Subd. 5 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 requesting party, if the responding official in the official's best judgment deems this necessary. • Subd. 6 When a responding party supplies law enforcement officers, to a requesting party, such officers shall remain employees 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. However, the responding party shall undertake to coordinate with the requesting party the operational law enforcement assistance which it provides. Subd. 7 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. 8 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. Subd. 9 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. 10 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. 11 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. 12 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. • • IV. 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 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 WHEkkEOF, the undersigned has caused this agreement to be executed and delivered on its behalf. Dated this 23rd day of July 2002. In the presence of 9 0/1/14)05 By Its By 4' 1 s r ol ILE CA/1 ler Attest: Clerk/ • dminiwa or • • RESOLUTION NO. 02 - O7-.31 CITY OF OAK PARK HEIGHTS • WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING THE JOINT AND COOPERATIVE AGREEMENT RELATING TO THE USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT AND THE INVESTIGATION OF MAJOR CASES AND AUTHORIZING THE MAYOR AND THE CLERK TO SIGN ON BEHALF OF THE CITY OF OAK PARK HEIGHTS WHEREAS, the City of Oak Park Heights has participated in mutual aid responses with other police and law enforcement jurisdictions throughout the years; and WHEREAS, the Chief of Police of the City of Oak Park Heights has recommended to the City that the City formally enter into the Joint and Cooperative Agreement Relating to the Use of Law Enforcement Personnel and Equipment in the Investigation of Major Cases, as prepared by the Office of the Washington County Attorney on behalf of the Washington County Sheriff's Office and for related law enforcement jurisdictions; and WHEREAS, the same has been reviewed and approved for execution by the Office of the City Attorney; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR TELL CITY OF OAK PARK HEIGHTS that the Joint and Cooperative Agreement Relating to the Use of Law Enforcement Personnel and Equipment in the Investigation of Major Cases is hereby • approved by the City of Oak Park Heights and the Mayor and the Clerk are herewith authorized and directed to sign on behalf of the City, executing said Agreement. Passed by the City Council for the City of Oak Park Hei: s day of July, 2002. , ■ David Beaude , Mayor ATTEST: 0 -6g) ; r Kimberly Kamper Acting City Administrator