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HomeMy WebLinkAbout5B Co-op Law Agreement with SMSC PRIG* ti "1 4646 Dakota Street SE Prior Lake,MN 55372 'tsrivNssolt" CITY COUNCIL AGENDA REPORT MEETING DATE: AUGUST 10, 2015 AGENDA#: 5B PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: CONSIDER APPROVAL OF A COOPERATIVE LAW ENFORCEMENT AGREEMENT BETWEEN THE CITY OF PRIOR LAKE, CITY OF SHAKOPEE, SCOTT COUNTY AND THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY (SMSC) DISCUSSION: Introduction The purpose of this agenda item is to determine if the City Council wishes to enter into a cooperative agreement for the provision of law enforcement services. History Historically, the SMSC have relied upon the police departments of adjacent cities to deliver such services. More recently, the SMSC hired code enforcement officers to address matters which are not as prominent on police priorities, but which are important to the general public. Code issues including junk cars, noxious weeds, long vegetation, accumulations of refuse and garbage were addressed by code enforcement. Current Circumstances The SMSC has now decided to employ three individuals who are licensed police officers. These individuals will enforce matters in the following areas: • SMSC Fish and Game • Domestic Relationships • ATV/Off Highway Motorcycle • Land Management • Dangerous Animals • On Sale Liquor • Off Sale Liquor • Civil Judgement • Employment and Labor Relations • Predatory Offender • MN Fish and Game Laws • Criminal Trespass At the same time, the SMSC has authored a cooperative agreement relating to law enforcement. The purpose of the agreement is: Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com a. Recognize and clarify the relationship, authority and responsibility between the various entities relating to enforcement. b. Establish a procedure for cooperation to enhance public safety. c. Retain respective community jurisdictions. Aspects of the agreement are very similar to the mutual aid agreements entered into between fire departments. For example, each party is responsible for its own personnel, equipment, supplies and insurance-related costs associated with any actions undertaken as part of the agreement. Provisions are also included addressing jurisdictions, identification of community property, incarceration and prosecution exchange of information, indemnification and dispute resolution. The agreement can be terminated by any party upon 90 days written notice. A copy of the complete agreement is enclosed. Conclusion The City Council should determine if the City should enter into this agreement. ISSUES: The SMSC is undertaking an effort to formalize their police responsibilities. The have hired three POST licensed officers to date. They have voluntarily chosen to limit their policing responsibilities for the time being. We are told that there is little appetite for a larger, more comprehensive department at this time. This does not mean this will be the case forever. The police chiefs, attorneys and chief elected officials for each organization have carefully reviewed and modified the proposed agreements. At this time it is our understanding that each organization will be adopting the agreement in August. There are no additional work or legal responsibilities for the City as a result of this agreement. Because of the cooperation between parties as set forth in the agreement, there are actually additional police resources available to the Scott County area because of the hiring of the conservation officers and execution of the cooperative agreement. To the best of my knowledge, there is no impact on the local government aid funding we have received annually from the SMSC. FINANCIAL There does not appear to be a financial impact created by this agreement. IMPACT: ALTERNATIVES: 1. Motion and second to adopt the cooperative law enforcement agreement as part of the consent agenda. 2. Take no action and direct City staff as appropriate. RECOMMENDED Alternative#1. MOTION: 2 COOPERATIVE LAW ENFORCEMENT AGREEMENT BETWEEN THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY SCOTT COUNTY, MINNESOTA, THE CITY OF PRIOR LAKE, MINNESOTA, AND THE CITY OF SHAKOPEE, MINNESOTA This Cooperative Agreement ("Agreement") is made and entered into by the Shakopee Mdewakanton Sioux Community ("Community"), Scott County, Minnesota("County"), the City of Prior Lake, Minnesota ("Prior Lake"), and the City of Shakopee, Minnesota("Shakopee") pursuant to Minn. Stat. § 626.93 and Minn. Stat. § 471.59. This Agreement shall define and regulate the coordination of law enforcement services on the Shakopee Mdewakanton Sioux Community Reservation. This Agreement shall be governed by the following terms and conditions. Recitals WHEREAS, the State of Minnesota possesses criminal jurisdiction over the Shakopee Mdewakanton Sioux Community Reservation pursuant to 18 U.S.C. § 1162 and the County, Prior Lake, and Shakopee are political subdivisions of the State; and WHEREAS, the County, Prior Lake, Shakopee, and the Community have a common interest and responsibility to protect the public safety within the Shakopee Mdewakanton Sioux Community Reservation and desire to enter into a cooperative agreement to enhance law enforcement services on the reservation; and WHEREAS, the Community created the SMSC Department of Natural Resources/Compliance and Enforcement ("SMSC DNR/CE") for the purpose of improving the public safety of all persons within the Shakopee Mdewakanton Sioux Community Reservation and authorized the creation of tribal government staff positions for Tribal Conservation Officers; and WHEREAS, the Community authorized Tribal Conservation Officers to enforce: the SMSC Tribal Fish and Game Ordinance; the SMSC Domestic Relations Code; the SMSC ATV/Off Highway Motorcycle Use Ordinance; the SMSC Consolidated Land Management Ordinance; the SMSC Dangerous Animals Ordinance; the SMSC On Sale Liquor Ordinance; the SMSC Off Sale Liquor Ordinance; the SMSC Civil Judgment Ordinance; the SMSC Employment and Labor Relations Ordinance; the SMSC Predatory Offender Ordinance [to receive requisite filings]; the SMSC Rules of Civil Procedure [service of process]; the Minnesota Fish and Game Laws and annual regulations; and Minnesota Criminal Trespass Laws including but not limited to Minnesota Statute 609-605; and WHEREAS, the State of Minnesota, pursuant and subject to Minn. Stat. § 626.94, has recognized the authority of the conservation enforcement officers of the Shakopee Mdewakanton Sioux Community to enforce the aforementioned laws of the State of Minnesota, and when appropriate to process such enforcement through the Scott County Sheriffs Department and County Attorney's Office, subject to an agreement between the Community, the County, Prior Lake, and Shakopee. NOW THEREFORE, the Community, the County, Prior Lake, and Shakopee agree to enter into this Cooperative Agreement as follows: 1. PURPOSES OF COOPERATIVE AGREEMENT The purposes of this Cooperative Agreement are to: a. Recognize and clarify the relationship, authority, and responsibility between the Community, the County, Prior Lake, and Shakopee relating to the enforcement of the criminal laws of the State of Minnesota on the Shakopee Mdewakanton Sioux Community Reservation which lies within the County and some of which lies within Prior Lake and Shakopee. b. Establish a procedure by which the Community,the County, Prior Lake, and Shakopee will cooperate and work together to enhance public safety efforts on the Shakopee Mdewakanton Sioux Community Reservation. c. Preserve the parties' respective jurisdiction on the Shakopee Mdewakanton Sioux Community Reservation so that neither the Community, the County, Prior Lake, nor Shakopee concede any claim to jurisdiction by entering into this Cooperative Agreement. 2. LAW ENFORCEMENT AUTHORITY OF THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY UNDER MINNESOTA LAW The Community is authorized, pursuant and subject to Minn. Stat. § 626.93,to enforce the fish and game and criminal trespass laws of the State of Minnesota on the Shakopee Mdewakanton Sioux Community Reservation, under the following conditions, which have been adopted by the Community and made a part of this Agreement: a. The Community "agrees to be subject to liability for its torts and those of its officers, employees, and agents acting within the scope of their employment or duties arising out of a law enforcement agency function defined by section 626.84, subdivision 1, paragraph(f), to the same extent as a municipality under Minn. Stat., ch. 466"; b. The Community"further agrees, notwithstanding section 16C.05, subdivision 7, to waive its sovereign immunity with respect to claims arising from this liability." c. The Community files with the Minnesota Board of Peace Officer Standards and Training a bond or certificate of insurance for liability coverage for the maximum amounts set forth under Minn. Stat. §466.04; 2 d. The Community files with the Minnesota Board of Peace Officer Standards and Training a certificate of insurance for liability of its law enforcement officers, employees, and agents for lawsuits under the United States Constitution, such as § 1983 suits; and e. The Community agrees that its conservation enforcement officers shall be subject to Minn. Stat. § 13.82 and any other Minnesota statutes applicable to the data practices of law enforcement agencies. 3. RETENTION OF CIVIL JURISDICTION AND REGULATORY RESPONSIBILITIES OF THE COMMUNITY Nothing in this Agreement shall be construed to limit the Community's civil jurisdiction or regulatory responsibilities within the Shakopee Mdewakanton Sioux Community Reservation. The parties recognize that as a matter of federal law, 18 U.S.C. § 1162, the civil/regulatory laws of the state do not apply on the Shakopee Mdewakanton Sioux Community Reservation. Any Tribal citation for a civil regulatory offense issued to Tribal members or tribally licensed hunters within the reservation boundaries shall be directed to the Shakopee Mdewakanton Sioux Community Tribal Court for processing. 4. RETENTION OF CRIMINAL JURISDICTION AND RESPONSIBILITIES OF THE COUNTY, PRIOR LAKE,AND SHAKOPEE Nothing in this Agreement shall be construed to limit or release the County, Prior Lake, or Shakopee from the State's criminal jurisdiction and responsibility to the Community, its residents, and guests under applicable law. For matters arising within the boundaries of the City of Prior Lake, the Prior Lake Police Department shall be the law enforcement agency with which the Community coordinates its efforts. For matters arising within the boundaries of the City of Shakopee,the Shakopee Police Department shall be the law enforcement agency with which the Community coordinates its efforts. For matters arising outside the boundaries of the City of Prior Lake or the City of Shakopee,the Scott County Sheriffs Department shall be the law enforcement agency with which the Community coordinates its efforts. 5. RESERVATION BOUNDARIES AND TRUST LAND IDENTIFICATION A map depicting the Reservation boundaries and the Community's trust lands is attached as Exhibit A. The Community shall distribute an updated map in January of each year and shall also distribute an updated map when new parcels of fee land are acquired in trust or declared as part of the Community's Reservation. The updated map shall be substituted for the current Exhibit A and become a part of this Agreement. 6. MUTUAL ASSISTANCE When the officer in charge of the SMSC DNR/CE or the sheriff or officer in charge for Scott County, Prior Lake, or Shakopee determines that assistance is necessary and desired 3 for purposes of law enforcement within the territory described in section 5 above, such officer may request assistance from the other participating law enforcement agencies. Upon receipt of such request,the officer in charge of the SMSC DNR/CE or sheriff or officer in charge of each respective law enforcement agency is authorized to furnish the requesting law enforcement agency such assistance in the form of personnel and equipment that is available. SMSC DNR/CE officers may stop, detain, and transport individuals when responding to a request for assistance from Scott County, Prior Lake, or Shakopee. Responding parties are responsible for their own personnel, equipment, and supplies and for injuries or death that may occur while responding to requests for assistance. 7. INCARCERATION AND PROSECUTION a. Incarceration. In any criminal matter involving the custodial arrest of an individual by a Community conservation enforcement officer that occurs within that part of the Shakopee Mdewakanton Sioux Community that lies within Scott County, Prior Lake, or Shakopee, the custody of that person shall be transferred to the Scott County Jail and the Sheriff shall incarcerate such individual pursuant to applicable Minnesota law and in the same manner as he processes all other incarcerations. b. Prosecution. In any criminal matter involving the citation of an individual by a Community law enforcement officer that occurs within that part of the Shakopee Mdewakanton Sioux Community Reservation that lies within Scott County, the prosecution of such individual shall be by the Scott County Attorney or the City Attorney pursuant to applicable Minnesota law and in the same manner as he/she prosecutes other violations of Minnesota law. 8. EXCHANGE OF INFORMATION AND COMMUNICATION a. Administrative Information. The Community, the County, Prior Lake, and Shakopee agree to provide, in a timely manner and when requested, information and data necessary to implement this Agreement. Such information may include, but not be limited to, the following: (1) Information relating to their respective laws; (2) Information relating to the Reservation boundaries and the Community's trust lands; (3) Information relating to certification of officers; (4) Information relating to staffing and operations on the Shakopee Mdewakanton Sioux Community Reservation; (5) Information relating to equipment inventory capabilities; 4 (6) Information relating to their respective court systems; and (7) Policies and procedures. All information exchanged under this Agreement shall be maintained in accordance with the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13. b. Participation in Dispatch System. The County shall enable the Community conservation enforcement officers to participate in the radio dispatch system of the County as necessary to enable Community officers to respond to emergencies and requests for assistance on the Reservation. When a Community conservation enforcement officer responds to a call for services, the Community officer will, as soon as possible, contact the County dispatch system so that a call for service (CFS) or an initial complaint report(ICR) may be generated. If the County utilizes the Law Enforcement Technology Group, then the Community shall also utilize the same service. c. Investigative Reports. In exercising authority under this Agreement, Community conservation enforcement officers shall prepare investigative reports in accordance with the County, Prior Lake, or Shakopee's procedures, and at the request of the Sheriff or the appropriate Chief of Police shall perform any additional or supplemental investigation, including interviewing of necessary witnesses or the execution of any necessary process. d. Court Appearances. Community conservation enforcement officers shall be available for any hearing in Scott County Court upon written notice from the Scott County Attorney or the appropriate City Attorney regarding the prosecution of any cases in which they are involved, provided that reasonable attempts will be made to accommodate an officer's schedule, and that necessary continuances will be requested due to officer illness, vacation, or other conflicts which may prevent an officer from attending a scheduled hearing. Such officer shall not be entitled to any compensation from another law enforcement agency for making said court appearances. 9. PERSONNEL AND EQUIPMENT a. Each party shall be responsible for its own personnel, equipment, and supplies and for injuries or death to any such personnel, or damage to any equipment or supplies, except that, when one party furnishes equipment or supplies for use by the other party's personnel, such equipment or supplies shall be returned in its original condition or shall be repaired or replaced, as appropriate as circumstances permit. b. It is understood that when performing the functions contemplated by this Agreement, the Community's conservation enforcement officers are not employees of the County, Prior Lake, or Shakopee, and the Community remains responsible for its officers' salaries,benefits, taxes, workers' compensation or other insurance coverage 5 mandated by applicable law, and any civil or criminal liability resulting from errors or omissions in the performance of the functions contemplated by this Agreement. c. It is understood that when performing the functions contemplated by this Agreement, County, Prior Lake, and Shakopee law enforcement officers are not employees of the Community, and the County, Prior Lake, or Shakopee remains responsible for its officers' salaries, benefits, taxes, workers' compensation or other insurance coverage mandated by applicable law, and any civil or criminal liability resulting from errors or omissions in the performance of the functions contemplated by this Agreement. 10. INDEMNIFICATION Each party agrees to defend, indemnify, and hold harmless the other party for claims made by third parties, such as § 1983 suits, which are attributed to the actions of that party's officers, agents or employees arising out of the performance of this Agreement. It is understood and agreed that liability of the Parties shall be governed by Minnesota Statute Section 466 and other applicable state and federal laws. The agreement to indemnify and hold harmless does not constitute a waiver by either Party of limitations on liability provided under Minnesota Statute Section 466.04. It is further understood and agreed that the Parties' total liability for claims made by third parties shall be limited by Minnesota Statute Section 471.59, Subdivision 1(a) as a single government unit. 11. DISPUTE RESOLUTION If a dispute arises between the County, Prior Lake, Shakopee and the Community,the parties to the dispute shall make a good faith attempt to resolve the dispute through discussions between the parties. If the dispute cannot be resolved through discussions, the parties may seek to resolve the dispute through mediation, or any party may terminate the Agreement pursuant section 17. 12. REVIEW COMMITTEE In order to avoid conflict, to enhance law enforcement on the Shakopee Mdewakanton Sioux Community Reservation and trust lands, and to aid in dispute resolution, the parties agree that a committee may be established to review the implementation of this Agreement. The committee shall be comprised of designated representatives of the Community,the County, Prior Lake, and Shakopee. The committee shall meet upon the request of a member of the Review Committee. The parties mutually agree upon the time and place for such meeting. In the absence of an agreement, the time and place, shall be determined by a majority of the members. The committee shall provide a written report to each party to this Agreement concerning ongoing review or dispute resolution efforts. 6 13. DESIGNATED CONTACT POSITIONS The designated position of each party for the purposes of coordinating communications and receiving written notices under this Agreement shall be as follows: SHAKOPEE MDEWAKANTON Chief Conservation Officer SIOUX COMMUNITY 2330 Sioux Trail N.W. Prior Lake, MN 55372 SCOTT COUNTY: Scott County Sheriff Law Enforcement Center 301 Fuller Street South Shakopee, MN 55379 PRIOR LAKE: Chief of Police 4649 Dakota St. SE Prior Lake, MN 55372 SHAKOPEE: Chief of Police 475 Gorman St. Shakopee, MN 55379 14. TERM This Agreement shall commence on the date when all parties have executed the Agreement and shall continue until terminated as provided for under this Agreement. 15. SOVEREIGN IMMUNITY Except as expressly provided under this Agreement, nothing in this Agreement is or shall be construed to modify, diminish, or waive the immunity of any party. 16. SEVERABILITY The provisions of this Agreement are severable and, should any provision be held to be invalid or unenforceable, the remainder of this Agreement shall remain in effect unless terminated as provided under this Agreement. 17. TERMINATION A party's participation in this Agreement may be terminated by that party upon ninety (90) days prior written notice. 7 18. AMENDMENTS This Agreement shall not be amended except by a written instrument executed by the signatories below, or their successors in office, and attached to this Agreement. 19. EFFECTIVE DATE The effective date of this Agreement shall be the date when all parties have executed the Agreement. [SIGNATURE PAGES FOLLOW] 8 SHAKOPEE MDEWAKANTON SIOUX COMMUNITY By: Charlie Vig, Chairman STATE OF MINNESOTA ) (ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2015, by Charlie Vig the Chairman of the Shakopee Mdewakanton Sioux Community, a federally recognized Indian Tribe, on behalf of the tribe and pursuant to the authority granted by its General Council. Notary Public 9 CITY OF PRIOR LAKE By: Kenneth L. Hedberg, Mayor By: Frank Boyles, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2015, by Kenneth L. Hedberg and Frank Boyles, the Mayor and City Manager, respectively, of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 10 CITY OF SHAKOPEE By: Brad Tabke, Mayor By: William Reynolds, City Administrator By: City Clerk, Lori Hensen STATE OF MINNESOTA ) (ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2015, by Brad Tabke, Mayor, William Reynolds, City Administrator, and Lori Hensen, City Clerk, of the City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 11 COUNTY OF SCOTT By: Jon Ulrich, Chair of the Board By: Gary Shelton, County Administrator STATE OF MINNESOTA ) (ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2015, by Jon Ulrich Chair, Gary Shelton, Administrator for Scott County, a Minnesota County pursuant to the authority granted by the Scott County Board of Commissioners. Notary Public