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HomeMy WebLinkAbout4C - Bylaws Amendments for Scott Joint Prosecution Assoc. POLICE DEPARTMENT DICK POWELL Chief of Police AGENDA #: PREPARED BY: SUBJECT: DATE: 4C DICK POWELL, CHIEF OF POLICE JOINT POWERS AGREEMENT FEBRUARY 3, 1997 INTRODUCTION: The Scott Joint Prosecution Association Board is requesting an amendment in its Joint Powers Agreement to accommodate future operating practices. BACKGROUND: The SJPA Board met in Savage to discuss the 1997 operating budget and discuss a possible amendment to the Joint Powers Agreement. The proposed amendment would allow for the organization to maintain a fund balance. Currently all budget underruns are refunded back to the cities proportionately. DISCUSSION: A copy of the SJPA Joint Powers Agreement is attached. Please note Section 5, Costs Limited. This section reviews how costs are assigned to cities. The final sentence in this section states: IIAny budget underruns shall be refunded back to the cities proportionately. II A logical interpretation of this sentence is that the SJPA should not carry a fund balance. While this made sense at the time the SJPA was founded, it may not be the best approach at this stage of the organization's development. ISSUES: Should the Joint Powers Agreement be amended to accommodate a fund balance? FUNDING: The fund will be created by holding back some profits until a balance is built up over time. Cities will not experience increased payments to accommodate the creation of this balance. In the event that a member chooses to leave the organization or should the organization dissolve the fund balance it will be divided proportionately as are profits from the SJPA. 16200 Eagle Creek Avenue S.E., Prior Lake, Minnesota 55372 / Ph. (612) 440-3555 / Fax (612) 440-3666 ALTERNATIVES: RECOMMENDATION: The alternatives are as follows: 1. Approve Resolution 4C amending Joint Powers Agreement. 2. Table this Agenda item for a specific reason. 3. Deny the request to amend Joint Powers Agreement. Approve the bylaws to be changed to allow the Joint Powers Agreement to carry a fund balance. /' I RECEIVED IHI (, 1997 err"t uF PRIOR LAKE January 1, 1997 Mr. David Iverson City Administrator City of Belle Plaine 420 East Main St. Belle Plaine, MN 56011 Mr. Stephen P. King City Administrator City of Savage 6000 McColl Drive Savage, MN 55378 Ms. Kay Kuhlmann City Administrator City of Jordan 210 East 1 st Street Jordan, MN 55352 Mr. Frank Boyles City Administrator City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55371 Mr. Dick Powell Police Chief City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 Mr. Mark McNeill City Administrator City of Shakopee 129 Holmes St. South Shakopee, NIN 55379 Mayor Jim Friedges City of New Market 350 1st Street North New Market, MN 55054 Mayor Jean Benci City of Elko 26518 France Avenue Elko, MN 55020 Mr. Pat Ciliberto SJPA 119 Holmes St. South Shakopee, MN 55379 VIA FAX AND MAIL There will be a SJPA Board meeting on Monday, January 13, 1997 at 1:00 p.m. at the City of Savage City Hall. The purpose of this meeting is to discuss the proposed 1997 Operating Budget and a possible amendment to the existing Joint Powers Agreement. 1997 BUDGET A copy of the SJP A budget is enclosed. Some minor adjustments have been made to the 1996 Budget in preparation for this meeting. These are: 1) Wages and Benefits. Effective 1-1-97, SJPA employees (excluding Pat Ciliberto) will be receiving a 3% COLA. On June 1, 1997 Pat Ciliberto will receive an increase according to his employment contract. In addition, on 1-1-97, Lisa Skoog will be receiving 3/4 benefits as agreed to by the Board. These adjustments have been included in the enclosed budget. City of Savage · 6000 McColl Drive · (COtmty Road 16) · Savage, Minnesota 55378-2464 Telephone: 612-882-2660 · Fax: 612-882-2656 0 2) Pager. Funding for a pager ($200.00) has been added in the enclosed budget. This pager will be carried by the on-call attorney. This will enable SJP A attorneys to provide a quicker response time to officers needing assistance. In addition to the above adjustments, following are proposed adjustments that have not been included but should be discussed. 1) Audit. The SJPA should have an audit conducted in 1997. It is estimated that the cost will be $2,500.00. The City of Savage can have its audit firm conduct the audit, or the Board can solicit bids for services if it prefers. A new line item will need to be added to the budget should the board approve an audit. 2) Summer Intern. It is requested that the Board consider funding for a three-month summer paralegal intern. This intern will earn approximately $10.00 per hour, with the total cost not to exceed $4,800.00. Pat Ciliberto will attempt to find grant funding for this position to defer the costs somewhat, however, alternative funding is not certain. A new line item will need to be added to the budget should the board approve this item. 3) Rent. The SJPA has an opportunity to move into a new office space. This space is the conference room located next to their current office. Moving into this space will increase rental costs. It will also require the purchase of office cubicles. This means that the "Rent" and "Misc. Equipment" line items in the budget will be increased. The new space will also require some construction to prepare it for use by SJP A - 3 offices, a conference room, and a walk-in counter need to be built. Funding options for this construction will need to be discussed. 4) Administrative CharlZe. $520.00 is budgeted annually for administering the SJPA budget. City of Savage staff (Shelley Sandeen and Bert Ludowese) average 15 hours per month on SJPA business (payroll, bills, benefits, reports, etc.). The average hourly rate (salary & benefits) for these two individuals is $19.23; this equates to $3,461.00 annually. It is requested that the "Administration Fee" line item be increased to $3,461.00 to cover these costs. JOINT POWERS AGREEMENT Section 5, Costs Limited A copy of the SJP A Joint Powers Agreement is attached. Please note Section 5, Costs Limited. This section reviews how costs are assigned to cities. The final sentence in this section states: "Any budget underruns shall be refunded back to the CITIES proportionately." A logical interpretation of this sentence is that the SJP A should not carry a fund balance. While this made sense at the time the SJP A was founded, it may not be the best approach at this stage of the organizations development. City of Savage Finance Director, Ron Hedberg, has suggested that the SJPA carry a fund balance of $30,000 - $45,000. This will provide the organization enough buffer to ensure it can meet its on- going operating expenses while waiting to receive quanerly payments from member cities. The need for a fund balance may be better explained with the following illustration: The payment for the second quarter bills are based on SJP A cases opened from January 1 - March 31 and are billed in early April. Payments from member cities are not received until May 15. This leaves a six week time period (April I - May 15) during which the SJP A has no incoming revenue, but still has operating expenses. Current practice is if the operating expenses fall short before payments are received, the City of Savage makes an early payment for future services to make up the difference. Maintaining the recommended fund balance will eliminate the potential for future revenue shortfalls. It is requested that the Board consider amending the existing Joint Powers Agreement to eliminate the requirement that budget underruns be refunded to the cities, or that a fund balance equivalent to two (2) months SJP A expenditures be maintained. Section 10, Termination as to One Partv Amending Section 5 as recommended, has the side effect of eliminating the ability of a city to receive a refund from the fund balance should a city withdraw from the SJP A. If the Board wishes to ensure that cities have the ability to receive a refund on any fund balance developed while the each city was a member of the SJPA, it should also amend Section 10, Termination as to One Partv. to include the following: Anv terminating City shall also have returned to it. its proportional share of anv existing fund balance. Anv fund balance maintained prior to the terminating City becoming a member of SJPA, shall not be considered for purposes of determining the terminating City's proportional share for refund. The recommendations above are for your consideration and discussion at the January 13 meeting, If you have additional items that you would like added for Board discussion, please contact me. Scott Joint Prosecution Association 1997 Budget 12/20/96 1993 1994 1995 1996 1996 1997 EXPENSE ACTUAL ACTUAL ACTUAL BUDGET Year to BUDGET CODE EXPENS EXPENSE E..XPENSE With Date DESCRIPTION Shakocee 12118/96 Salaries 113.262 112,547 148,564 200,750 186,990 230,210 Prosecutor 6~.987 Full-Time Proseeuter ~A96 Part.. timeProsecuter 75~.. 37,080 Paralegal Clerical Support 3~,O14 Paralegal Clerical Support 27,044 Paralegal Cleric:1l Support 80% 21,090 Summer Intern - OvertIme 1.500 230.211 PERA Contributions 5,075 5,047 0 9,000 10,315 4.48 % of Wages <ex Intern) 10,313 FICA &. Medicare 8,664 8,610 0 15,360 17,610 7.65 % of Wages 17,611 Health, Life, Disability Ins. 673 1,898 3,324 14,375 15,438 17,605 Health. Life, Disability Ins. Health Ins 1~,625 Dental 1,816 life Ins 219 Disability Ins 946 17,606 Workers compensation 525 533 0 1.175 556 1.200 .65% of wages w/8()l1/. mod rate 1,197 Total Wages &. Benefits 128,199 128,635 151,888 240,660 202,984 276,940 Supplies &. services Provided through monthly allocation: (allocation - 1125 /mo.) Telephone 2,634 2A04 3,062 3,460 3,460 S288/month Plus One additional phone line added in '96 Postage 1,299 1,228 1,665 2,625 2,625 increases in cases Service Fees 2,123 1,~07 2.190 2.190 Supconas &. legal documents. increase in cases Trnnscipt Fees 176 228 375 375 Professional Services 0 0 1,859 Printing 295 205 375 375 Subsrciptions &. Publications ~60 283 130 350 350 Code Updates 188 51 150 150 Mise Office Supplies 1,678 1,147 1.678 1,850 1,850 Meeting &. lunches 334 297 ~14 300 300 Vehicle Mileage Reimbursement 29 118 105 150 150 Schools &. Conferences 424 1.238 535 1.250 1,250 Bank Service Charges 97 Anorney Registration 142 284 389 ~25 425 9,782 8,890 9,934 13,500 13,712 13,500 Processed by Savage Admin: Portable Phone 1,388 1,233 648 1,400 751 1,600 Cell phone and pager Copier Maintenance 934 644 791 1,000 1,035 1,000 Copier lease 1,218 1,329 1,224 1,330 1.218 1,330 Insurance - Prof. Liability ~,637 4,891 4,778 4,630 5,264 5,820 '97 is 2nd year of 2 year 57016 policy Admin fee 520 520 520 Fee paid to Savage for admimstering Office Supplies, Check printing &. postage 88 172 Meetings &. lunches 35 115 Advertising 625 Audil services Phone installation 1,191 Contingency 0 0 2.250 2,250 8,177 8,097 8,084 11,130 10,371 12,520 Contract legal 738 1,420 2.345 2,000 1,838 2,000 Expected to increase if 3rd courtroom added Other Char:es Offices Rent 6,450 6,600 6,600 6,600 6,600 6,600 S500 / month Total Other Charges 6,450 6.600 6.600 6.600 6.600 6.600 Equipment Misc. Equipment 174 195 300 727 300 '96 was new chairs '97 is Replacement of equip CompulerEquipment 1.266 0 2.010 2.500 ~.360 2.500 97 wi II be purchase of new computer TOTAL 154,786 153.837 180.861 276.690 240.592 314.360 SJPA_97.XLS JOINT POWERS AGREEMENT for PROSECUTION SERVICES THIS AGREEMENT, originally entered into the 8th day of Julv, ~, and as l.e_e~.i amended on the 20th day of Febr'-.:ar'1, 1996, and as hereby amended aoain on the 13th day of January, 1997, by and between the CITIES of BELLE PLAINE, ELKO, JORDAN, NEW MARKET, 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 the 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 can be obtained more conveniently and more economically on a joint basis by means of this Agreement. 3. The CITIES 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 Joinc 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. p.. Joi:'.t Powers Municipal Prosecution Board ("the BOARD") is 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 this Agreement consistent with Minnesota Statute Seccion 471.59 and other applicable laws. Each of the CITIES of Belle Plaine, Jordan, Prior Lake, Savage, and Shakopee shall appoint one (1) individual to serve on a Joint Powers Board, hereinafter referred to as "the BOARD". The CITIES of Elko and New Market may each appoint one (1) representative to serve on the BOARD, with each of the representatives of those cities having one-half (~) vote. Each me~er shal~ serve until replaced by the member's respective City. The number or representacives totaling at least three and one-half (3-1/2) votes shall constitute a quorum for the purposes of conducting BOARD business. The BOARD shall be the employer of the employees providing prosecution and support services under this Agreement and shall have the authority to hire, fire, discipline and adopt personnel rules for employees of the BOARD. For the purposes of compensation and personnel practices, the BOARD shall be guided by the compensation and personnel practices of the City of Savage. Onder no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. The BOARD shall meet at least quarterly to review the quality of the prosecution services. 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 Joint Powers Agreement for Prosecution Services Page 2 of 5 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 provide office space, supplies, payroll, and benefits for BOARD staff. All hiring, firing, and other personnel decisions relating to BOARD staff shall be made by the BOARD. The CITIES 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 shall 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. Budaet. 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 given on or before September 1st. 4. Cost Sharina. Each month 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 amount. This amount shall be equal to "r", as expressed in the formula r = x (y / z), where: x = one-twelfth 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 the number of calendar calls set for that particular City for the previous month. z = the total number of calendar calls set for all the cities the previous month. The CITIES 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 L~ited. 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 anticipates that the costs may exceed one hundred ten (110%) percent of the estimated budget total set forth in the budget attached hereto as Exhibit A. In the event actual expenditures or costs do exceed one hundred ten (110%) percent of the budget, the BOARD shall bill the CITIES proportionately, by averaging their percentage established as (y / z) in paragraph 4 above for the previous six (6) months, for cost overruns. AJ.J.j ~u~':1~L ~......:.~.(....'-4"'.L';) ....:...0.:: ~~ J..<;;L./oUdeG L6.G:. Lo ;"':.<;; :::I::8 fd.~pv- ~':"o,.&te:"}. Any City unsatisfied with any overruns may elect to terminate this Agreement upon ninety (90) days prior written notice as provided below. 6. Civil Matters. 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 a time-available basis only, and shall be billed back to the request- ing City at actual cost on an hourly basis. Billings from civil matters shall be used to offset the total prosecution budget. 7. existing, Exchanae of Data. All information, data, and reports as are available and necessary for carrying out prosecution services under T, Joint Powers Agreement for Prosecution Services Page 3 of 5 this Agreement, 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. 8. Confidentiality. Any reports, data, or similar information given to, prepared or assembled by the BOARD or BOARD staff under this Agreement, which the BOARD or any of the CITIES requests to be kepL confidential, shall not be made available to any individual or organization by the BOARD, BOARD staff, or any of the CITIES without prior written approval of the concerned party, consistent wich 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. Termination as to One Party. 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 par"ties 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 terminatina city shall also have returned to it. its proportional share of any existina fund balance. Any fund balance maintained prior to the terminatina city becomina a member of SJPA shall not be considered for purposes of determinina the terminatina city's pro~ortional share for refund. 11. Termination as to All Parties. In the ever.t this Agreement is terminated in its entirecy, all records pertaining solely to a particular City shall be returned to that City. All other records shall remain with the City of Savaae as custodian of such records. The records may be retained, stored, or disposed of according to state law and the City of Savaae'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. 12. Indemnification. Each City shall indemnify and defend the BO?~D 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 30ARD or the CIT:ES in defending claims to establish or enforce such liabilities. Each of the CITIES shall inde~~ify 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 Agreemer.t, including attorneys fees and costs incurred by any of the CITIES or the BOARD in defending claims to establish or enforce such liabilities. Joint Powers Agreement for Prosecution Services Page 4 of 5 13. Liabilitv. The BOARD shall purchase liability budgeted funds for each attorney hired under this Agreement. shall cover professional liability, personal injury liability, proceedings costs. The BOARD may also, at its discretion, liability and directors' and officers' (errors and omissions) insurance from This insurar.:::e and disciplinary purchase general insurance. 14. Amendment. This Agreement may be amended only in writing signed by all parties. 15. Notices. All notices required or permitted in this Agreement a~d 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. 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 Its Mayor By By Its City Administrator Its City Administrator CITY OF PRIOR LAKE, MN CITY OF ELKO, MN By By Its Mayor Date Its Mayor Date By By Its City Manager Date Its City Clerk Da-ce CITY OF NEW MARKET, MN CITY OF JORDAN, MN By By Its Mayor Date Its Mayor Da-ce By By Its City Clerk Date Its City Administrator Date Joint Powers Agreement for Prosecution Services Page 5 0: 5 CITY OF SHAKOPEE, MN By Its Mayor Date By Its City Administrator Date \SCOTT-JP\JP-P-SVC.AGM (06/13/91) \SCOTT-JP\JP-P-SVC.AGM (02/15/96), Amendment F:\USERS\BERT\SCOTT-JP\JP-P-SVC.AGM (Dated 1/13/97; Typed 1/2197)