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HomeMy WebLinkAbout5I - Permits to Carry Firearms AGENDA ITEM: DISCUSSION: ISSUES: CITY COUNCIL AGENDA REPORT OCTOBER 18, 2004 51 BILL O'ROURKE, CHIEF OF POLICE CONSIDER APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND SCOTT COUNTY TO AUTHORIZE THE SHERIFF TO ISSUE PERMITS TO CARRY HANDGUNSo Historv: From 1975 to 2003 police chiefs and county sheriffs had broad discretionary authority to grant or deny permits to carry handguns for occupational or personal protection needs. A new law enacted in April of 2003, removed police chiefs as an issuing authority. Sheriffs were required to issue permits to all applicants 21 or older who met the criteria established by the legislature. A considerable number of permits have been issued by the Scott County Sheriff using these new criteria. The process through which that new law was passed was ruled to be unconstitutional by a Ramsey County judge earlier this year. As a result of that ruling, permits to carry handguns are once again either approved or denied by police chiefs and county sheriffs, using the previous statutory criteria. Current Circumstances: This agreement will allow the processes put in place by the 2003 law to continue on a consistent, countywide basis. The Scott County Sheriff has agreed to continue the procedures put in place by his department for the time period outlined in this cooperative agreement (terminating on September 30, 2005), unless terminated sooner pursuant to law or the terms of the agreement. Each of the cities in Scott County that have police chiefs endorse. this cooperative effort. The only issue is whether or not to have the Prior Lake Police Chief or the Scott County Sheriff responsible for deciding to authorize or deny an application for a permit to carry a handgun. This cooperative agreement is consistent with the objectives of the Scott County Association for Leadership and Efficiency (SCALE). Prom the customers perspective it is also an improvement as only one party is responsible for this service regardless of the residency of the applicant within Scott County. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: There is no fiscal impact associated with these revisions. (1) Approve the cooperative agreement. (2) Take no action and provide staff with direction. Ap COOPERATIVE AGREEMENT FOR PISTOL PERMITTING THIS AGREEMENT made and entered into by and between the COUNTY OF SCOTT, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY," on behalf of the Scott County Sheriff, hereinafter referred to as the "SHERIFF" and the CITY of , a political subdivision of the State of Minnesota, hereinafter referred to as the "CITY" . WITNESSETH: WHEREAS, pursuant to Minnesota Law, both the CITY and the SHERIFF currently have authority to issue permits to individuals seeking to carry, hold or possess a pistol; and WHEREAS, the CITY has requested that the SHERIFF process the individual pistol permit applications from submission of the application, through investigation, and if applicable, granting of the permit; and WHEREAS, pursuant to Minn. Stat. ~ 471.59, the CITY and COUNTY are able to enter into a cooperative agreement that permits the SHERIFF to perform the permitting process on behalf of the CITY; and WHEREAS, the COUNTY is willing to cooperate with the CITY by performing the pistol permit application process. NOW, THEREFORE, the CITY and the COUNTY agree as follows: 1. TERM AND COST OF THE AGREEMENT The SHERIFF agrees to furnish pistol permitting services to the CITY during the period commencing October 1,2004 and terminating September 30,2005 unless terminated sooner pursuant to law or Section 10 contained herein. The SHERIFF shall charge each applicant a fee ofTen ($10.00) Dollars. 2. SERVICES TO BE PROVIDED Consistent with applicable Minnesota statutes, the SHERIFF agrees to perform all functions related to the processing of permit applications from individuals seeking to carry, hold or possess a pistol. 3. CITY COOPERATION All information, records, data, reports, receipts, etc. necessary to allow the SHERIFF to carry out the responsibilities required by law shall be furnished to the SHERIFF without charge by the CITY , and the CITY agrees to cooperate in good faith with the SHERIFF in carrying out the responsibilities under this Agreement. 4. INDEPENDENT CONTRACTOR The COUNTY and its employees shall not be considered employees of the CITY. It is agreed that the COUNTY, and its employees, is an independent contractor hereunder and acquire no tenure rights or any rights or benefits by way of Workers' Compensation, rt'>- employment insurance, medical and hospital care, sick and vacation leave, severance pay, retirement benefits or any other rights or benefits offered to CITY employees. 5. -INDEMNIFICATION AND INSURANCE a. The CITY shall defend, indemnify, and hold harmless the SHERIFF, the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act ' or omission related to the gun permit licensing and/or services provided under this Agreement. The CITY's liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, included common law. b. In order to protect the CITY and those listed above under the indemnification provision, the CITY agrees to have and keep in force adequate coverage either through insurance or a self-insurance program. 6. DATA PRIVACY Both the CITY and COUNTY, their officers, agents, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 7. RECORDS-AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, subd. 5 (as may be amended), the SHERIFF agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the SHERIFF and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 2 8. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 9. CANCELLATION This Agreement may be canceled with or without cause by either party upon thirty (30) days' written notice. 10. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator, with a copy to the SHERIFF, at the following address: Scott County Government Center 200 West F ourth Avenue Shakopee, Minnesota 55379 Notice to the CITY shall be sent to the City Administrator or Clerk, with a copy to the Chief of Police, at the following address: 11. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as the last date indicated below. CITY of COUNTY OF COUNTY By: By: Barbara Marschall, Chair, Scott County Board of Commissioners Mayor Date: , 2004 Date: , 2004 City Administrator/Clerk ATTEST: David J. Unmacht Scott County Administrator By: Date: , 2004 Date: ,2004 Approved as to form: Approved as to form: City Attorney Patrick J. Ciliberto Scott County Attorney David Menden Scott County Sheriff 4 "---,-~",.,,,--,,"~,,.-,._,,,,,,,","--,,,---,..,.......,~~-<.",,",,-~~^...,,.-"-,,^,.-"""""""''''''-'~~'"---___.'~.''_'''_''_''M''''''_'''''"''-'-''~'~'--'''''''_m~_.~''_''''--_,",,~_"_,,,,,,,,,,,,~,,,,,,,__,,,,'_',,,,"___~,~_._,.."...~__ CITY COUNCIL AGENDA REPORT OCTOBER 18, 2004 5J BILL O'ROURKE, CHIEF OF POLICE AGENDA ITEM: CONSIDER APPROVAL OF A SECOND AMENDMENT TO THE MUTUAL AID AGREEMENT FOR POLICE SERVICES WITH SCOTT COUNTY AND OTHER SCOTT COUNTY COMMUNITIESo DISCUSSION: Historv: Mutual Aid Agreements are made pursuant to Minnesota Statutes 471.59, which authorizes the joint and cooperative exercise of powers common to contracting powers. The intent of such an agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. Typically, this resource sharing takes place as a result of a major crime, accident or natural disaster. ISSSUES: The Mutual Aid Agreement for Police Services with Scott County and other Scott County communities was approved in November 2002 and the First Amendment to that agreement was passed in August 2003. This is a second amendment to this already approved agreement. Current Circumstances: In 2002, the CItIes of Prior Lake, Savage, and Shakopee established the Tri-City Special Response Team (SRT) for the purpose of resolving high-risk situations through the use of negotiations and specialized tactics within the three cities. Due to the existing Mutual Aid Agreement it is quite possible that the Tri-City Team may be called to assist with the resolution of a high-risk incident in the county or in one of the other non-member cities in the Scott County. The purpose of this amendment is to limit the costs incurred by the member departments for responding to such incidents outside of their cities. This amendment would make the first three (3) hours of the call-out free, and further limit this to one occurrence, per jurisdiction, on an annual basis. Time over and above the 3-hour call-out would be reimbursed at time charged for all the participating officers as well as a charge for all material costs. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER This amendment and the objectives of the Tri-City Team are consistent with the activities of the SCALE organization. This action will also re-establish a countywide tactical team response which was lost when the Scott County team disbanded. FINANCIAL IMPACT: The Prior Lake Police Department currently has six officers assigned to the Tri-City Special Response Team. Any call out to one of the non-member jurisdictions has the potential for not recovering up to 3 hours per responding officer, and most likely at an overtime rate. ALTERNATIVES: (1) Adopt the Resolution approving the Law Enforcement Mutual Aid Agreement with Second Amendment. (2) Deny approval and direct further action. RECOMMENDED MOTION: REVIEWED BY: SECOND AMENDMENT TO LAW ENFORCEMENT MUTUAL AID PACT This Agreement, dated this _ day of , 2004, is made and entered by and between the County of Scott, and cities located within Scott County, Minnesota. WHEREAS, the County and cities within Scott County have entered into a Law Enforcement Mutual Aid Pact in 2002, pursuant to Minn. Stat. 9 471.59, hereinafter referred to as the Agreement, with the intention to make equipment, personnel, and other resources available to political subdivisions within Scott County from other political subdivisions within said County; and WHEREAS, the parties desire to amend the Agreement to enable possible reimbursement of expenses for the Tri-City Tactical Team in regards to time and materials; and WHEREAS, section X of the Agreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties; NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties do agree as follows: 1. Section III, 2 of the Agreement shall be amended by adding the following new paragraph g: g. For those cities who do not provide members to the Tri-City Tactical Team, the Tri-Cities (Savage, Prior Lake, and Shakopee) agree to provide tactical team personnel and materials to agencies who do not currently participate, for the following remuneration: 1. The first three (3) hours of the call-out shall be free. This is limited to one occurrence, per jurisdiction, on an annual basis. Time over and above the 3- hour call-out shall be reimbursed at time charged and all material costs. 2. The Agreement is amended by adding the following new Section XII: XII. Termination Any party to this Agreement, may terminate their participation in this Agreement upon 30 days written notice to all other parties. 3. That all other provisions of the original agreement, except as amended herein, shall remain in full first force and effect. IN TESTIMONY WHEREOF, the parties have executed this Amendment to the Law Enforcement Mutual Aid Pact as of the date and year last signed below. CITY OF SHAKOPEE By: John J. Schmitt, Mayor Mark McNeil, City Administrator Dan Hughes, Chief of Police Dated: , 2004 Approved as to form: James J. Thomson, Jr., City Attorney CITY OF BELLE PLAINE By: Maynard Harms, Mayor Luayn Murphy, City Administrator j Steve Rost, Chief of Police Dated: , 2004 Approved as to form: Steve Bubul, City Attorney CITY OF JORDAN By: Ron Jabs, Mayor Tom Nikunen, City Administrator Bob Malz, Chief of Police Dated: ,2004 Approved as to form: Annette Margarite, City Attorney CITY OF NEW PRAGUE By: Craig Sindelar, Mayor Jerome Bohnsack, City Adm. Mark V osejpka, Chief of Police Dated: , 2004 Approved as to form: , City Attorney CITY OF PRIOR LAKE By: Jack Haugen, Mayor Prank Boyles, City Manager Bill O'Rourke, Chief of Police Dated: , 2004 Approved as to form: Suesan Pace, City Attorney CITY OF ELKO By: Carolyn. Miller, Mayor Patricia Nutt, City Clerk/Treasurer ,] Rick Jensen, Chief of Police Dated: , 2004 Approved as to form: Andrea Poehler, City Attorney CITY OF SAVAGE By: Tom Brennan, Mayor Barry Stock, City Administrator Gordon Vlasak, Chief of Police Dated: ,2004 Approved as to form: David Keller, City Attorney COUNTY OF SCOTT By: Jon Ulrich, Chair, Scott County Board of Commissioners David J. Unmacht, County Adm. David Menden, Sheriff Dated: , 2004 Approved as to form: Pat Ciliberto, County Attorney