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HomeMy WebLinkAbout5H JPA Prosecution Servicesr T ~~° PRj~~~~ f ti ~ \, y ~ 4646 Dakota Street S.E. ~U ~ ~'~~ x j Prior Lake, MN 55372-1714 ~ ~ ~__% ~"~fNNESOTP y ` ~°`y~---~°` CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 20, 2009 AGENDA #: SH PREPARED BY: BILL O'ROURKE, CHIEF OF POLICE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR PROSECUTION SERVICES THROUGH THE SCOTT JOINT PROSECUTION ASSOCIATION DISCUSSION: Introduction The purpose of this agenda item and resolution is to seek Council approval of an amendment to the Joint Powers Agreement for prosecution service through the Scott Joint Prosecution Association. History The cities of Belle Plaine, Elko, Jordon, New Market, Prior Lake, Savage and Shakopee entered into a Joint Powers Agreement in 1991 for the purpose of providing for the joint exercise of their prosecutorial powers. The Joint Powers Agreement created a Joint Powers Municipal Prosecution Board that consisted of one member from each of the cities of Bell Plaine, Jordan, Prior Lake, Savage and Shakopee. Each of these members had one (1) vote. The cities of Elko and New Market could each appoint a representative to the Board, however, each of those had one half (1/2) vote. The Joint Powers Agreement was amended in 2007 when the cities of Elko and New Market merged to form one city, Elko-New Market, and their representation and vote on the Board became one. Current Circumstances The City of New Prague has recently joined the other cities in exercising their prosecutorial powers through the Scott Joint Prosecution Association. They would have one representative on the operating board and like the other cities, have one vote on the Municipal Prosecution Board. A second change in the Joint Powers Agreement is the addition of the Scott County Attorney as an ex-officio non-voting member of the Board. www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 FINANCIAL IMPACT: There is no addition financial impact to this renewal. ALTERNATIVES: 1. Approve a Resolution authorizing the Mayor and City Manager to execute the Amendment to the Joint Powers Agreement for Prosecution Services. 2. Deny the approval and provide direction to staff. RECOMMENDED MOTION: Alternative #1. Reviewed by: Frank F~~~~ --P RIp~~ ~~ ~f~ ~ ~~ 4646 Dakota Street S.E. v ~ ~ ~ ~., x ~ Prior Lake, N(N 55372-1714 1 ~°`~INNESO~~' ~~ ~`"`°----''` RESOLUTION 09-XX A RESOLUTION APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR PROSECUTION SERVICES FROM THE SCOTT JOINT PROSECUTION ASSOCIATION MOTION BY: SECOND BY: WHEREAS, the Czty entered into a Joint Powers Agreement for prosecutorial services from the Scott Joint Prosecution Association in 1991; and WHEREAS, the City of New Prague has asked to be a part of that Joint Powers Agreement; and WHEREAS, the Joint Powers Municipal Prosecution Board created by that Joint Powers Agreement has determined it to be advantageous to their duties to have the Scott County Attorney be included as an ex-officio non-voting member of that Board. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1) The recitals set forth above are incorporated herein. 2) The Mayor and City Manager are hereby authorized to approve an amendment to the Joint Powers Agreement on behalf of the City of Prior Lake. ADOPTED THIS 20TH DAY OF JANUARY 2009. YES NO Hau en Hau en Erickson Erickson Hedber Hedber LeMair LeMair Millar Millar City Manager, City of Prior Lake www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 JOINT POWERS AGREEMENT For PROSECUTION SERVICES THIS AGREEMENT, originally entered into the 8th day of July, 1991, and as amended on the 20th day of February, 1996, the 13th day of January, 1997, and the 8th day of December, 2008, by and between the CITIES OF BELLE PLAINE, ELKO NEW MARKET, JORDAN, NEW PRAGUE, PRIOR LAKE, SAVAGE AND SHAKOPEE, Minnesota, all of which are Minnesota municipal corporations organized and operating under state law, hereinafter collectively referred to as "the CITIES". RECITALS 1. Each of t:he CITIES individually has the power and responsibility to prosecute criminal -matters within its respective jurisdiction. 2. Each of the CITIES has previously contracted with private law firms or provided "in house" counsel for prosecution services but believes that such services E;an be obtained more conveniently and more economically on a joint basis by means of this Agreement. 3. The CIT}:ES desire to enter into this Agreement for the purpose of providing for the joint exercise of their prosecutorial powers according to the authority and procedures set forth in Minnesota Statues Section 471.59, the Joint Exercise of Powers Act. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Joint Powers Board. A Joint Powers Municipal Prosecution Board ("the BOARD75) as hereby created. Members of this BOARD shall be the City Manager/Administrator or Police Chief of the member city. The BOARD may exercise its powers in order to accomplish the purposes of the Agreement consistent with Minnesota Statute Section 471.59 and other applicable laws. Each of the CITIES shall appoint one (1) individual to serve on a Joint Powers Board, hereinafter referred to as "the BOARD". Each member shall serve until replaced by the member's respective City. The number of representative totaling at least four votes shall constitute a quorum for the purposes of conducti~.g BOARD business. The Scott County Attorney shall serve as ex-officio non-voting member of the Board. Joint Powers Agreement for Prosecution Services Page 2 of 6 The BOA:EtD shall be the employer of the employees providing prosecution and support services under the Agreement and shall have the authority to hire, fire, discipline and adopt personnel rules for employees of the BOARD. Under no circumstances shall the BOARD'S employees be deemed employees of any of t;he CITIES. The BOAlZD shall meet at least quarterly, unless cancelled by the chair. The BOARD shall make recommendations to the CITIES regarding improvement of prosecution, stricter or less-strict plea bargains, job performance of the affected employees, and other matters related to this Agreement. Each of the CITIES also may adopt its own prosecution policies which shall be followed by the prosecutor when handling cases from that City. 2. Board Staff and Administration. The BOARD shall advertise for and hire one or more prosecutors and secretaries or legal assistants who shall be employees of the BOARD. The BOARD shall designate one of the prosecutors as chief prosecutor and administrator over the daily affairs of the Association. The number of staff hired and whether they are part or full-time shall depend on the case load to be handled. They shall report to and be supervised by the chief prosecutor/administrator on behalf of the BOARD. The City of Savage shall be the administrative and fiscal agent for the BOARD and shall _~rovide office space, supplies, payroll, and benefits for BOARD staff. All hiring, firing, and other personnel decisions relating to BOARD staff shall be rr~ade by the BOARD. The CITI~~S shall contribute a sum of money as set forth below to cover each City's proportionate share of the costs of performing prosecutorial services under this Agreement. All BOARD staff be qualified and licensed to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an emergency. 3. Budget• :By August 1St in each year, the BOARD shall prepare a proposed budget for prosecution services, which shall be forwarded to the City Administrator or City Manager of each of the Cities for review. Any City objecting to the proposed budget shall so notify the BOARD. In the event the objection is not resolved, such City shall have the right to terminate this Agreement upon one hundred twenty (120) days' prior written notice, if such notice is €;iven on or before September lst Joint Powers Agreement for Prosecution Services Page 3 of 6 4. Cost Sharing. Each quarter the BOARD shall submit a bill to each of the CITIES detailing the amount due for that City's proportionate share of prosecutorial services. Within thirty (30) days, each City shall pay to the BOARD the billed mount. This amount shall be equal to "r", as expressed in the formula r = x (y/z), where: x = one,-fourth of the total current annual (or annualized, if this contract starts at a time other than the beginning of the fiscal year) prosecution budget. y = thf; number of calendar calls set for that particular City for the previous quarter. z = the total number of calendar calls set for all the cities the previous quarter. The CITIl?S shall assist and cooperate with one another in keeping prosecution costs down by covering for each other when prosecution personnel are on vacation, ill, or otherwise unavailable for court, or where representation would result in a conflict of interest. 5. Costs Linnited. The BOARD shall keep track of the calendar calls billable under this Agreement at all times. The BOARD shall notify the CITIES if the BOARD ~~nticipates that the costs may exceed one hundred ten (110%) percent of the buc.get, the BOARD shall bill the CITIES proportionately, by averaging their percentage established as (y/z) in paragraph 4 above for the previous six (6) montbs, for cost overruns. Any City unsatisfied with any overruns may elect to terminate this Agreement upon ninety (90) days prior written notice as provided below. 6. Civil Maftters. A City may request BOARD legal staff to handle civil legal matters, such as zoning enforcement, personnel issues, liquor licensing questions, ordinance preparation, contract review, etc. Such requests shall be handled on atime-available basis only, and shall be billed back to the requesting City at actual cost on an hourly basis. Billings from civil matters shall be used to offset the total prosecution budget. 7. Exchange of Data. All information, data, and reports as are existing, available and necessary for carrying out prosecution services under this Agreeme~rt, including police reports and arrest records, shall be furnished to BOARD staff without charge, and the CITIES shall cooperate in every way possible in carrying out prosecution services. Joint Powers Agreement for Prosecution Services Page 4 of 6 Conf dentiali .Any reports, data, or similar information given to, prepared or assembled by the BOARD or BOARD staff under this Agreement, which the BOATtD or any of the CITIES requests to be kept confidential, shall not be made available to any individual or organization by the BOARD, BOARD staff, or a~iy of the CITIES without prior written approval of the concerned party, consistent with the Minnesota Government Data Practices Act or other applicable; statutes. This paragraph shall not apply to documents which are required to be public under the Government Data Practices Act or other applicable law. 9. Duration and Renewal. This Agreement shall be automatically renewed on an annual basis and shall be valid for the next calendar year, unless terminated as set forth below. 10. Termina4;ion as to One Partv. This Agreement may be terminated by any City at thE; end of any calendar year upon six (6) months prior written notice, or at any time with the express approval of all other parties hereto. This Agreement may be terminated by any City upon one hundred twenty (120) days prior written notice given on or before October 1St for objection to the proposed budget, or at any time upon one hundred twenty (120) days prior written notice for cost overruns, as set forth above. Prior to termination by any City, the proposed reasons for termination shall be presented to the BOARD. The BOARD shall discuss these reasons and determine whether specific action should be requested to resolve the issue. All records pertaining solely to the terminating City shall be returned to that City. Any term:~nating city shall also have returned to it, its proportional share of any existing fund balance. Any fund balance maintained prior to the terminating city becoming a member of SJPA shall not be considered for purposed of determining their terminating city's proportional share for refund. 11. Terminaf;ion as to All Parties. In the event this Agreement is terminated in its entirety, all records pertaining solely to a particular City shall be returned to that City. All other records shall remain with the City of Savage as custodian of such records. The records may be retained, stored, or disposed of according to state law and the City of Savage's records retention policies. Any city may copy any public records at its own expense. All fixed assets shall be returned to the City which purchased them. Any remaining; monies and expenses, including such employee expenses as unemployment compensation and payment for accumulated vacation, shall be shared by the CITIES in proportion to their contributions. Each City's contribution percentage shall be calculated by averaging its percentage established as (y/z) in paragraph 4 above for the previous six (6) months. Joint Powers Agreement for Prosecution Services Page 5 of 6 12. Indemnification. Each City shall indemnify and defend the BOARD and each of the other CITIES which is a party to this Agreement against, and hold each other harmless from, any and all claims, causes of action, administrative orders, costs, expenses, and liabilities of every kind and nature arising out of the BOARD'S hiring, training, supervision, and personnel actions under this Agreement, including attorneys fees and costs incurred by the BOARD or the CITIES iri defending claims to establish or enforce such liabilities. Each of the CITIES shall indemnify and defend each other City and the BOARD against, and hold each other City and the BOARD harmless from, any expenses and liabilities of every kind and nature arising out of the indemnifying City's prosecution prior to this Agreement, its actions in entering into this Agreement, including attorneys fees and costs incurred by any of the CITIES or the BOARD in defending claims to establish or enforce such liabilities. 13. Liabili ._ The BOARD shall purchase liability insurance from budgeted funds for each attorney hired under this Agreement. This insurance shall cover professional liability, personal injury liability, and disciplinary proceedings costs. The BOARD may also, at its discretion, purchase general liability and directors' and officers' (errors and omissions) insurance. The participating CITIES agree that liability under this agreement is controlled by Minnesota Statues Section 471.59, subdivision la and that the total liability for participating cities shall not exceed the limits on governmental liability for a single use of government as specified in 466.04, subdivision 1. 14. Amendment. This Agreement may be amended only in writing signed by all parties. 15. Notices. All notices required or permitted in this Agreement and required to be in writing may be given by first class mail addressed to any of the CITIES at their respective City Hall. 16. Certification. Each of the CITIES certifies, by signing below, that this Agreement has been approved by that City's governing body. Joint Powers Agreement for Prosecution Services Page 6 of 6 IN WITNESS WHEREOF, this amended Agreement has been executed by the parties as of the day and. year above written. CITY OF SAVAGE, MN CITY OF BELLE PLAINE, MN By By Its Mayor Date Its Mayor Date By Its City Administrator Date CITY OF PRIOR LAKE, MN By Its Mayor Date By Its City Administrator Date CITY OF ELKO NEW MARKET, NIN By Its Mayor Date By Its City Administrator Date CITY OF JORDAN, MN By Its Mayor Date By Its City Administrator Date CITY OF NEW PRAGUE, MN By Its Mayor Date By Its City Administrator Date CITY OF SHAKOPEE, MN By Its Mayor Date By Its City Administrator Date By Its City Administrator Date