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HomeMy WebLinkAbout10D - JPA Prosecution CITY COUNCIL AGENDA REPORT E : MEETING DATE: March 17, 2003 AGENDA #: 10D PREPARED BY: BILL O'ROURKE, CHIEF OF POLICE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE SCOTT JOINT PROSECUTION ASSOCIATION AND THE SCOTT COUNTY ATTORNEY'S OFFICE. DISCUSSION: History: The Scott Joint Prosecution Association is a Joint Powers Municipal Prosecution Board created by the Cities of Prior Lake, Belle Plaine, Elko, Jordan, New Market, Savage and Shakopee pursuant to a Joint Powers Agreement dated July 8, 1991. Since that time, the Cities have delegated their power and authority to prosecute gross misdemeanors and misdemeanors, and to pursue forfeiture cases within their jurisdictions to the Scott Joint Prosecution Association. The Scott County Attorney's Office has the duty, power and responsibility to prosecute felony criminal matters, and statutorily designated gross misdemeanors and misdemeanors, within Scott County, and all criminal matters within the townships of the County. The Scott County Attorney's Office is also responsible for the prosecution of all juvenile matters arising in the County. While the Scott County Attorneys and the Scott Joint Prosecution Attorneys work cooperatively, it is presently not uncommon for one attorney from the County one attorney from Scott Joint Prosecution to be present in the same courtroom during arraignments. This agreement will allow an attorney from either office to be present at this stage of the trial process. 16200 ga~l~l~l~r~M~l~c~i~rCl~ke, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ISSUES: A Joint Powers Agreement has been written authorizing Scott County and the Cities to enter into an agreement for the purpose of the joint exercise of their prosecutorial powers. The purpose of this Agreement is to provide an effective and efficient method of criminal prosecution and statutory forfeitures through a centralized system within Scott County. Implementation of the system will only occur upon the approval of the County, the Scott County Attorney's Office, the Cities, and the Scott Joint Prosecution Association, and execution of a rental agreement by the Parties. The Agreement shall be in effect for two years and shall be automatically renewed for annual terms after the initial two- year term. No party to the Agreement may withdraw its participation prior to the expiration of the initial two-year term without good cause. After the initial two-year term, any party may withdraw at the end of any calendar year upon on hundred twenty days prior written notice. The Joint Powers Agreement does not affect the independence of the Scott Joint Prosecution Board. This Board continues to be the policy making body for Scott Joint Prosecution and its employees. FINANCIAL IMPACT: The implementation of such an agreement will increase efficiency and accuracy and decrease duplication of services, resulting in increased safety and substantial monetary savings for the citizens and governments of the County and the Cities. The revenues received by the Scott Joint Prosecution Association through fine revenue will continue to be distributed to the member Cities. At the end of the initial two years, we should be better able to identify the benefits in financial terms. ALTERNATIVES: (1) Adopt a Resolution authorizing the Joint Powers Agreement. (2) Take no action and provide staff with direction. RECOMMENDED MOTION: Altamativ¢ 1 REVIEWED BY: (~Aa..0 ~{fa, '~ Frank'~yl~it Manager L:\ADM IN\AGRPTFM.DOCKirsten Oden RESOLUTION 03-XX OF THE PRIOR LAKE CITY COUNCIL AUTHORIZING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF PRIOR LAKE, AS A PARTICIPATING CITY IN THE SCOTT JOINT PROSECUTION ASSOCIATION, AND SCOTT COUNTY FOR THE PURPOSE OF THE JOINT EXERCISE OF PROSECUTORIAL POWERS. MOTION BY: SECOND BY: WHEREAS, the Scott Joint Prosecution Association (SJPA) is a Joint Powers Municipal Prosecution Board created by the Cities of Prior Lake, Belle Plaine, Elko, Jordan, New Market, Savage and Shakopee pursuant to a Joint Powers Agreement dated July 8, 1991; and WHEREAS, the SJPA has the power and authority to prosecute gross misdemeanor and misdemeanors, and to pursue forfeiture cases within the jurisdiction of the member Cities; and WHEREAS, the Scott County Attorney's Office has the duty, power and responsibility to prosecute felony criminal matters, and statutorily designated gross misdemeanors and misdemeanors, within Scott County, and all criminal matters within the townships of the County; and WHEREAS, it is believed that a joint exercise of prosecutorial powers within the County Attorney's Office would result in more effective and efficient criminal prosecution and statutory fbrfeitures. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1) The recitals set forth above are incorporated herein. 2) The City of Prior Lake, as a participating City in the Scott Joint Prosecution Association, approves the Joint Powers Agreement for the purpose of combining the prosecutorial powers under the Scott County Attorney's Office. 3) The Mayor and City Manager are authorized to enter into this agreement on behalf of the City. PASSED AND ADOPTED THIS 17TM DAY OF MARCH, 2003 YES NO Haugen Haugen Petersen Petersen Zieska Zieska Lemair Lemair Blomberg Blomberg City Manager, City of Prior Lake 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 02/19/2003 WED 12:19 FAX 95249682?$ SC0~q? COUNTY ATTORNEY [~002/012 IOINT POWERS AGREEMENT THIS AGREEMENT, by and between the County of Scott, a municipal corporation and political subdivision, hereinafter referred to as the "County," the Scott County Attorney's Office, an Office within the County, hereinafter referred to as "SCAO," the cities of Belle Plaine, Elko, 3ordan, New Market, Prior Lake, Savage, and Shakopee, municipal corporations located within Scott County, hereinaRer referred to as ---:=the "Cities,"-and the Scott 3oint Prosecution Association, a 3oint Powers Murdcipal Prosecution Board, created by the Cities pursuant to a joint powers agreement dated July $, 1991, as amended thereafter, hereinafter referred to as "S~PA," all collectively referred to as the Parties, WHEREAS, the SCAO has the duty, power and responsibility to p~osecute felony criminal matters, and statutorily designated gross misdemeanors and misdemeanors, within Scott County, and all criminal matters within the townships of the County; WHEREAS, the Cities have delegated their power and authority to prosecute gross misdemeanors and misdemeanors, and pursue forfeiture eases, within their jurisdictions to the SJPA; WHEREAS, the County, the SCAO, the Cities, and the SSPA desire to enter into this agreement for the purpos~ of~prnviding for the joint exercise of their prosecutorial powers according to the authority and procedures set forth in Minn. Stat. §§ 471.59 and 487.25, subd. 10; and WHEREAS, participating in the implementation of such an agreement will increase efficiency and accuracy and decrease duplication of services, resulting in increased safety and substantial monetzry savings for the citizens and governments of the County and the Cities; / / NOW, THEP~FORE, in consideration of the mutual promises and benefits that the Cities eomprisin~ the-SJPA and Scot/County shall derive herefrom, Scott County, the SCAO, the Cities, and the SJPA hereby enter into this joint powers agreement, hereinafter referred to as .the "Agreement," for the purposes herein. 1. Scop~ of Agreement. The purpose of this Agreement is to provide au effective and efficient method of criminal prosecution and statutory forfeitures through a centralized system within Scott County, related to the pubHe~'safety responsibilities of the various Parties. Implementation of the system will occur only upon the approval of the County, the SCAO, the Cities, and the SJPA, and execution of a rental agreement by the Parties, which is set forth in the attached Exhibit A, 2, Delegation and J[udsd/cfion of Prosecutor/al Authority The SCAO shall appoint all licensed and qualified attorneys employed by thc SJI:'A "Special Assistant County Attorneys," and shall authorize said attorneys to prosecute felonies, statutorily designated gross misdemeanors and mlsdemcanors, and pursue forfeiture actions occurring within Scott County, pursuant to law, and to prosecute misdemeanor crkncs occurring within the townships. Thc SCAO shall prepare the required oaths of office, shall administ~, and file the oaths prior to any SJPA attorney 'representing- the County. Said attorneys shall siam the oath of office. Appointment as a "Special Assistant County Attorney" shall cease at any point that this Agreement terminates for any reason. The Cities shall delegate authority to licensed and qualified assistant county attorneys of the SCAO to prosecute gross misdemeanors, misdemeanors, and forfeitures within their respective municipal jurisdictions. Each city shall sign a letter delegating such authority, which shall be kept on file with the SCAO. Said authority for assistant county attorneys to prosecute gross misdemeanors and misdemeanors and pm-sue forfeiture actions within a city's jurisd/ction shall cease upon a city's withdrawal from SJPA or this Agreement, or upon termination of this Agreement for any reason. The licensed and qualified attorneys employed by the SJPA shall follow prosecution and forfeiture action practices and procedures as set by the Scott County Attomey. The SCAO and the SJPA shall cooperate to mainta/n and improve good prosecutorial practice and procedures. 3. Employees. The SJ'PA currently employs attorneys and secretarial staff and may hire additional legal and/or support staff. Any person currently employed by SIPA, or hired by it after execution of this Agreement, shall be and remain employees of the SJPA. Under no ciremmstances shall the SJ-PA's employees be deemed employees of the County, regardless of assi~tmment of duties. The employees of the SJPA shall be governed by the policies, roles and regulations set forth by the SJPA, which shall have the authority to hire, terminate, promote, and discipline. All salary, wages, and benefits, including liability and workers' compensation insurance, shall be provided by the SJPA. Conversely, any persons, including attorneys, office administrator, victim/witness coordinator, and secretarial staff, currently employed by the County in the SCAO, or hired by it after execution of thls Agreement, shall be and remain employees of the County. Under no circumstances shall the employees of the SCAO be deemed employees of the SJPA or the Cities, regardless of assignment of duties. The employees of the SCAO shall be governed by the policies, rules and regulations set forth by the County and the SCAO, which shall have the authority to hire, terminate, promote and discipline. The County shall provide all salary, wages and benefits, including liability and workers' compensation insurance to the employees of the SCAO. 4. Data Practices Thc Parties agree to abide by the Minnesota Government Data Practice Act, Minn. Stat, Chap. 13, as mended, and Minn. Rules promulgated pursuant to Minn. Stat. Chap. 13. Each Party agrees to hold the other Parties, their officers, department heads and employees harmless from may claims resulting from said Party's unlawful disclosure or use of data protected under state and federal laws. .... 5. Civil Le-~! Matters This Agreement shall be limited excluzively to criminal prosccutorial matters and, with the exception of civil forfeiture matters related to criminal statutes, shall not extend to the provision of other civil legal services or non-criminal legal advice by attorneys of thc SCAO or the SJPA to the Cities. 6. Contracting for Prosecutorial Services The SCAO and the SJPA may from time to time need to contract with attorneys outside of the SCAO and/or the S J-PA for the provision ofprosecutorial services. Said contracting, or subcontracting shall be agreed upon by the County and the SJPA Board and the costs shared equally. If, hOWever, the County and the SJPA Board cannot agree on the need for outside prosecutorial legal services, either may independently contract and assume responsibility for the cost of such contract legal service and said services shall be contributed sololy to the needs and be the responsibility of the contracting pm-ry. 7. Indemnification Each Party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the others, their officers and employees against any and all liability, loss, cost~, damages, expenses, cIaims or actions, including attorney's fees which the other, their officers and employees may hereafter sustain, incur or be required to pay, arising out of or by rea.son of any act or omission of tho Party, its agentS, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. 8, Insurance Each Party shall provide and be liabl~ for its own insurance. The SJPA shall maintain public liability coverage protecting itself, its Board, officers, agents, employees, and duly authorized volunteers against any usual and customary public liability claims in mounts which shall, at a minimum, comply with Minn. Stat. §466:04 and Workers' Compensa- tion roles, and shall be in accordance with state statutory requirements. Said policies shall be maintained in effect during the entire term of this Agreement. uz/l~/zuuo ~nu Iz:ZU ~'AA ~aZ486~Z75 SC0IT COUNTY ATTORNEY ~005/012 9. Scvcrability. The provisions of this Agreement shall be deemed severable. A finding that any part of this Agreement is void, invalid, or unenfomeablo shall not affect the enforceability and validity of the remainder of this Agreement unless the part or parts which are void, invalid or unenfomeable shall substantially impair the value of the entire agreement with respect to any Party. 10. Duration of Agreement The term of this Agreement shall commence on March 1, 2003, the date of signature by the Parties notwithstanding, and shall continue in effect thereafter for two (2) years. No Party to this Agreement may withdraw its participation prior to the expiration of the initial two (2) year term witlxout good cause presented in writing. This Agreement shall be automatically renw0vod for annual ~m-rns after the initial two-year term and shall be valid for the next calendar year, unless withdrawal occurs as set forth below. 11. Withdrawal/Termination of Agreemen.t Following expiration of thc two-year term described in section 10 above, any Party may withdraw at the end of any calendar year upon one hundred twenty (120) days prior written notice to all other Parties, or at any time with the express written approval of all other Parties hereto. Withdrawal shall not act to discharge any liability incurred or chargeable to the withdrawing Party before thc effective date of the withdrawal. Such liability shall continue until discharged by law or agreement. This Agreement shall terminate upon thc withdrawal of the County, the SCAO, or four (4) or more member Cities from thc SJPA. In file event this Agreement is terminated, all records stored by the Comxty and SCAO pertaining to the SJPA and the Cities shall be returned to those Parties. 12. Amendrn.e.n.t of Agreement This Agreement may be amended upon agreement of the Parties, authorized and signed in same manner as this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of this day of ..... 2003. COUNTY OF SCOTT APPROVED: